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Questions Answered by Mr. Joshua Benjamin Key
1 Answer | Asked in Collections for Alabama on
Q: What is the staute of limtations in for credit card debt in alabama is it 3,6, or 9 years?
Mr. Joshua Benjamin Key
Mr. Joshua Benjamin Key answered on May 15, 2011

Normally a suit is brought under one or more of the following: Breach of Contract, Open Account, or Stated Account (Account Stated). The allegation stated in the lawsuit determines the statute of limitation (SOL).Normally in Alabama a breach of contract action is a six year statute of limitations.... Read more »

1 Answer | Asked in Bankruptcy for Alabama on
Q: If your house is paid for, you have bad credit and cant get a loan on your house should you file chapter 7 or 13
Mr. Joshua Benjamin Key
Mr. Joshua Benjamin Key answered on May 15, 2011

Really this just depends on your situation. When you file bankruptcy you must list all of your assets. Failing to do so is a crime upon a federal court (very serious). If your house is paid for it might be a better option to try to negotiate with your creditors. Chapter 13 might be a good option... Read more »

1 Answer | Asked in Bankruptcy for Alabama on
Q: If I file ch 7 how will that affect me purchasing a home within the next 2 to 3 yrs or a vehicle or obtaining credit
Mr. Joshua Benjamin Key
Mr. Joshua Benjamin Key answered on May 11, 2011

As soon as you receive your bankruptcy discharge, you will be able to qualify for some basic consumer loans, although at a higher interest rate. The good news is most lenders state that it takes no more than four years to reestablish a normal credit rating provided you pay debts currently and make... Read more »

2 Answers | Asked in Personal Injury for Alabama on
Q: What is comparative negligence?
Mr. Joshua Benjamin Key
Mr. Joshua Benjamin Key answered on May 11, 2011

Comparative negligence is a rule of law applied in accident cases that assigns responsibility and damages based on the negligence of every party directly involved in the accident. Comparative negligence can reduce the award of damages to the plaintiff in proportion to his/her fault. Comparative... Read more »

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1 Answer | Asked in Medical Malpractice for Alabama on
Q: How long do I have to file suit in a Medical Malpractice Case. Is it better to go out of your County for best results?
Mr. Joshua Benjamin Key
Mr. Joshua Benjamin Key answered on May 11, 2011

All actions against health care providers must be commenced within two years after the act or omission giving rise to the claim; provided, that if the cause of action is not discovered and could not reasonably have been discovered within the two-year period, then the action may be commenced within... Read more »

1 Answer | Asked in Probate for Alabama on
Q: Is there a statute of limitations on fraud upon the court in probate?

1979 filing wherein minors were by affidavit of Trustee of Will to be above 21 and no guardian was hired during pendency of probate case.

Mr. Joshua Benjamin Key
Mr. Joshua Benjamin Key answered on Apr 21, 2011

In actions based on fraud that would otherwise be barred by the statute, the claim is not considered as having accrued until the aggrieved party discovers the fraud, after which he has two years in which to commence his action. [Ala. Code §6-2-3]

1 Answer | Asked in Business Law for Alabama on
Q: Do i need a lawyer to get a liquor license in the state of alabama
Mr. Joshua Benjamin Key
Mr. Joshua Benjamin Key answered on Apr 21, 2011

Not necessarily. It really depends on what your total situation is. If you are just trying to get a license for a job or other reasons you should contact the district office that works the county where the retail establishment is located and they should be able to provide all of the necessary... Read more »

1 Answer | Asked in Collections for Alabama on
Q: Is there a statue of limitatios on credit card debt
Mr. Joshua Benjamin Key
Mr. Joshua Benjamin Key answered on Apr 20, 2011

Under Ala. Code §6-2-37, Actions for monies due under open or unliquidated account shall be brought three (3) years from date of last

item on account or from when, by contract or usage, the account is due.

1 Answer | Asked in Criminal Law for Alabama on
Q: Can spousal privlege not to testify be invoked even after a divorce? Which party can/does invoke the privlege; the defen
Mr. Joshua Benjamin Key
Mr. Joshua Benjamin Key answered on Apr 14, 2011

The general rule is that spousal privilege cannot be invoked after a divorce. The privilege does, however, generally survive the divorce; that is, a person can be prevented from testifying about confidential communications with an ex-spouse made during the marriage.Either spouse can invoke this... Read more »

1 Answer | Asked in Tax Law for Alabama on
Q: If a person has a recorded lien for income taxes owed to the Department of Revenue, can the Department of Revenue place

For a person with an income tax lien filed, can the State of Alabama file a garnishment on their checking account?

Mr. Joshua Benjamin Key
Mr. Joshua Benjamin Key answered on Apr 12, 2011

In short answer, YES! Tax debts and liens are usually the hardest to deal with because they are extremely difficult to discharge. It is a priority debt and usually will be paid first and is rarely discharged. However, if payment is an issue there are ways to try to negotiate the debt and/or settle... Read more »

1 Answer | Asked in Public Benefits for Alabama on
Q: MY DAUGHTER IS RECEIVING SECTION 8. IS THERE ANY AMOUNT SHE CAN EARN WITHOUT LOSING HER BENEFIT?
Mr. Joshua Benjamin Key
Mr. Joshua Benjamin Key answered on Apr 12, 2011

Section 8 has income limits that must be observed. If your home is above a certain income limit you lose your Section 8 eligibility. Please see the link below to determine the amount for your area.

http://www.huduser.org/portal/datasets/il/il2010/select_Geography.odn

1 Answer | Asked in Estate Planning for Alabama on
Q: My father recently passed away, there is not a will. Do my siblings and I have any rights to his estate?
Mr. Joshua Benjamin Key
Mr. Joshua Benjamin Key answered on Apr 12, 2011

Under Alabama state law, Any part of the estate of a decedent not effectively disposed of by his will passes to his heirs as prescribed in specific sections of the statute. It really depends on if your father was married and how many other children are living. See the Code of Alabama Section... Read more »

1 Answer | Asked in Collections for Alabama on
Q: Can a person on SSI disability have it garnished?
Mr. Joshua Benjamin Key
Mr. Joshua Benjamin Key answered on Apr 12, 2011

Federal law says that many federal benefit payments like Social Security benefits, Supplemental Security Income benefits, Veteran’s benefits, and Railroad Retirement benefits are not subject to garnishment. This means that these funds are exempt and you may be able to stop your creditors from... Read more »

1 Answer | Asked in Bankruptcy for Alabama on
Q: How can i find records of my bankruptcy
Mr. Joshua Benjamin Key
Mr. Joshua Benjamin Key answered on Apr 12, 2011

My best recommendation would be to call the attorney, assuming that you used an attorney, that filed the bankruptcy for you. It is possible that the attorney will still have the information. If not, you might try the courthouse. Of course there will be a fee for the copies. There are many services... Read more »

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