Questions Answered by Mr. Joshua Benjamin Key

Q: What is the staute of limtations in for credit card debt in alabama is it 3,6, or 9 years?

1 Answer | Asked in Collections for Alabama on
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. We see some original creditors (Capital One, Citibank, etc) sue under this but it is not common to see debt buyers sue under this because they rarely have the documents to support making such a...

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

1 Answer | Asked in Bankruptcy for Alabama on
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 because it can restructure the debts on better terms and within 5 years the debt is paid back. In conclusion, it all depends on the amount of debt and the assets you have. The house would be subject to...

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

1 Answer | Asked in Bankruptcy for Alabama on
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 sufficient income. Within four years after receiving a Chapter 7 discharge, most people are able to purchase cars and homes with normal interest rates and terms.

At one time bankruptcy...

Q: What is comparative negligence?

2 Answers | Asked in Personal Injury for Alabama on
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 negligence is a standard that has been adopted in some states, however, some states still use contributory negligence which denies recovery to any party whose negligence has added to the cause of the...

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?

1 Answer | Asked in Medical Malpractice for Alabama on
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 six months from the date of such discovery or the date of learning of facts that would reasonably lead to such discovery, whichever is earlier. Ala. Code § 6-5-482 (1993). Although this statute of...

Q: Is there a statute of limitations on fraud upon the court in probate?

1 Answer | Asked in Probate for Alabama on
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]

Q: Do i need a lawyer to get a liquor license in the state of alabama

1 Answer | Asked in Business Law for Alabama on
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 instructions. However, if it is a business venture you are starting I would tell you that you should consult a lawyer to discuss the risks involved and ways to mitigate them.

Q: Is there a statue of limitatios on credit card debt

1 Answer | Asked in Collections for Alabama on
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.

Q: Can spousal privlege not to testify be invoked even after a divorce? Which party can/does invoke the privlege; the defen

1 Answer | Asked in Criminal Law for Alabama on
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 privilege, either refusing to testify against their spouse or preventing their spouse from testifying. Finally, courts may require that the communication relate specifically to the marriage.

Q: If a person has a recorded lien for income taxes owed to the Department of Revenue, can the Department of Revenue place

1 Answer | Asked in Tax Law for Alabama on
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 it. You should consult an attorney to discuss those options.


1 Answer | Asked in Public Benefits for Alabama on
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.

Q: My father recently passed away, there is not a will. Do my siblings and I have any rights to his estate?

1 Answer | Asked in Estate Planning for Alabama on
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 43-8-40 through 43-8-46 for the statutes governing your question.

Q: Can a person on SSI disability have it garnished?

1 Answer | Asked in Collections for Alabama on
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 taking these exempt funds from your bank account. However, there are some exceptions. For example, your Veteran’s benefits, Social Security, or other government benefits may be garnished to pay...

Q: How can i find records of my bankruptcy

1 Answer | Asked in Bankruptcy for Alabama on
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 online that you can use to find the records. Some of them are free and there are some that will charge you. Good luck with your search!

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