The fact summary sets out a “quantum meruit” claim, or “unjust enrichment.”

A written agreement and evidence of breach has a higher chance of success, but her email admission of the claim can be presented in small claims court, where you should file this case. Request all of your... View More

If the collections account is past the statute of limitations, it's non collectible. Next time they call tell them that pursuant to the Fair Debt Collections Practices Act, they cannot continue to contact you. This is the buzz word.....you say that and POOF!! They will stop calling... View More

A judgment is only good for 10 years and can be renewed for another 10 years......maximum amount of time is 20 years. After that date, the judgment is deemed satisfied!!

No, you cannot marry into debt. Point being, your mother is NOT responsible for any debt that your father incurs in his own name.

I would. You do not want the plaintiff going to court and misrepresenting to the court any of the facts. You want them to announce that the case is dismissed WITH prejudice.

Yes, I would file charges against him.....it's called "theft by deception!" good luck....

I would go by the county courthouse in the county that you live or in the county where that bank is located (where you signed the loan/contract) and they can look up the case and whether or not there is a judgment on the case.

Yes, if you owe money to a creditor AND they obtain a judgment they can place it on any and all property you own in your name....this is regardless of whether or not you own it jointly with someone else! If they do not have a judgment, they can't arbitrarily place a lien on the land.... View More

No, she cannot. As long as you have a writ of garnishment, you can levy her bank accounts and/or garnish her wages. Notice is not required. Just serve her employer or bank. Notice would make it impossible to execute the writ.....they would simply empty out the bank account before you levied... View More

This is a complex case with many factors. This debt may or may not be in the nature of a domestic support obligation. Generally, DSO are not dischargeable in a bankruptcy. There are factors that will determine it like how the income between you and your ex, children together, etc. I would... View More

Your social security benefits can't be garnished for a commercial debt. They can be garnished for student loans, alimony and child support. Your retirement -- that is not social security -- can be garnished.

Towing is a racket. Find out what they are charging you for. See if your motorcycle insurance will pay it. Send the bill to the guy who ran the red's insurance. They don't pay, contact a member of the Ala Assn for Justice--they give free consults. Look for one who handles "bad faith... View More

Yes. A person may not be held in contempt of court for not paying when he has no ability to pay. You have to show that he has the ability to pay, but simply will not pay.

Did you or did you not?Ask for the paperwork. You'd remember if you went to the office of those people. There are now regulations on that so check with the consumer division of the banking department. Your chances in court depend on what the paperwork shows, or doesn't, what rate of... View More

Is there a contract between the parties? You would have to read the contract. Was this from a buy here/pay here place? How was the car financed? They probably cannot threaten to bring criminal charges against you, perhaps without violating the law themselves. Just go see a local attorney about this... View More

You can not be jailed for failure to pay a debt. The only exception is failing to pay a fine or contempt citation ordered by a judge. Technically, this is not failure to pay a debt, but disobeying a court order.

No, this is an obligation only of the deceased person. Note, however, that if the deceased had assets, the creditor may have the right to claim payment of the debt against the assets before the assets are distributed to heirs. You should get further advice in this regard.

The loan company can take any property in which they have a perfected security interest. They can also take any property which is subject to be seized after they sue you and take judgment against you. The fact that you are unemployed is not a defense to a lawsuit in which you are sued for not... View More

I presume that you may be a subcontractor and do not have a contract. That is still ok because you can tsity and show pictures of the work performed. If the party has money or assets, i would file a lawsuit. the question is how much money is at issue?

If you would like to pursue it,... View More

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.... View More