Articles Posted in Civil Litigation

Understanding Declaratory Judgments in Alabama: A Guide for Protecting Your Rights
William H. Burress, Attorney at Law

If you are facing a looming legal dispute, you might feel like you have to wait for an actual injury or breach of contract to occur before you can get a judge to weigh in. Fortunately, that is not always the case. Under the law, declaratory judgments in Alabama offer a proactive way to settle…

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Specific Performance in Alabama: When Money Damages Aren’t Enough
William H. Burress, Attorney at Law

When a contract is broken, the standard legal remedy is monetary damages. However, there are times when simply getting your money back or receiving financial compensation does not fix the problem. If a seller backs out of a deal to sell you a one-of-a-kind piece of real estate, or a vendor refuses to deliver a…

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Navigating Property Disputes: Eviction vs. Ejectment in Alabama
William H. Burress, Attorney at Law

If you own property in the Florence/Muscle Shoals area, you may eventually find yourself in a position where someone is occupying your land or building without your consent. Whether it is a tenant who stopped paying rent or an individual claiming they own a portion of your acreage, the legal path you take to regain…

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Navigating the Appeals Process in Alabama: Timelines, Standards, and Strategy
William H. Burress, Attorney at Law

Winning or losing a trial is not always the end of the road in litigation. Whether you are looking to reverse an unfavorable judgment or defend a hard-fought victory, the appellate process is a distinct legal arena with its own set of rigid rules and strategic demands. Appellate practice is not simply a “do-over” of…

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Collections in Alabama: A Legal Overview
William H. Burress, Attorney at Law

In Alabama, the recovery of outstanding debts is a structured legal process governed by a combination of common law, state statutes, and federal regulations. For creditors and business owners, understanding the nuances of collections in Alabama is essential for determining the most effective path toward recovery. This guide provides a professional breakdown of the types…

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Understanding Demand and Cease-and-Desist Letters in Alabama Civil Practice
William H. Burress, Attorney at Law

Civil litigation is a complex process that demands significant time and resources. Consequently, effective legal representation often begins well before a complaint is filed with the court. In many Alabama disputes, the most efficient mechanism for resolution is a formal Demand Letter or Cease-and-Desist Letter. Whether the matter involves real property, contract disputes, tort liability,…

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A Guide to Early Termination and Enforcement in Alabama Contracts
William H. Burress, Attorney at Law

Whether you are a business owner, a landlord, or an employee, contracts are the lifeblood of professional relationships in Alabama. But what happens when things go wrong? Understanding the nuances of Alabama contract enforcement, or how to get out of a deal, is critical to protecting your assets. As an Alabama attorney, I frequently help…

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Stopping the Clock: A Guide to Preliminary Injunctions in Alabama Litigation
William H. Burress, Attorney at Law

In high-stakes litigation, waiting for a final trial verdict isn’t always an option. Sometimes, immediate action is required to prevent a business from collapsing, a trade secret from being stolen, or property from being irreparably damaged. In Alabama, this immediate action often takes the form of a preliminary injunction. This “extraordinary remedy” is a powerful…

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Understanding Easements in Alabama: A Guide for Property Owners
William H. Burress, Attorney at Law

For many Alabama landowners, the concept of an easement is a confusing mix of landowner rights and the rights of a neighbor or third party. Whether you are looking to buy a new home, developing land, or dealing with a utility company cutting trees on your property, understanding Alabama easement laws is critical to protecting…

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How to Enforce an Unwritten Contract in Alabama: Unjust Enrichment and Other Claims
William H. Burress, Attorney at Law

I often get calls from people who are seeking to enforce a contract. While many of these contracts are written, I frequently see situations where someone is trying to enforce an oral contract, or one that was never written or signed. Written contracts do give a great baseline and reference point for the obligations each…

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