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Alabama Consumer Law Questions & Answers
1 Answer | Asked in Bankruptcy and Consumer Law for Alabama on
Q: I just completed a Chapter 13 bankruptcy 5 year 100% payback plan and received a discharge.

In 2014 I co-signed a student loan application for my stepson. His mother and I got divorced later that year. All during the plan this “Sallie Mae Bank Inc” loan showed as being in a “Closed” status on my 3 credit reports. Now that I have completed the plan and received a discharge the... Read more »

Timothy Denison
Timothy Denison answered on Jan 20, 2020

You can contact the credit bureaus regarding this but the bottom line is you are still obligated on the note. Was it not dealt with in your divorce?

1 Answer | Asked in Consumer Law and Small Claims for Alabama on
Q: Took my vehicle to a body shop to help color changed o

Took my vehicle to a body shop to help color changed on rally stripe down the center blackout on rims and some minor bodTook my vehicle to a body shop to help color changed on rally stripe down the center blackout on rims and some minor body work dropped off March 30th the it was still at shop over... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 1, 2019

Just about any attorney could write the letter you describe. I don't know what kind of working relationship you have with the shop, but it's possible that it could be more practical to simply contact them yourself in a less confrontational manner and ask them what is causing the delay and where the... Read more »

2 Answers | Asked in Civil Litigation, Consumer Law and Contracts for Alabama on
Q: What does it mean when a creditor leaves you a message that the account is pending litigation?

I recently found out that several accounts (signature loans, credit cards) have not been paid by my (now ex) finance. Bankruptcy appears to be my only option. However, I am having to come up with the money to pay an atty.

Is litigation the same as a lawsuit? Can this turn into a... Read more »

P. Vaughan Russell Jr.
P. Vaughan Russell Jr. answered on Sep 13, 2019

Yes, litigation is another term for a lawsuit. If collection actions have been filed against you, then you will have been served with paper legal documents: a Summons and Complaint, either by certified mail or process server/sheriff. This is required for any lawsuit to move forward. Telephone... Read more »

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1 Answer | Asked in Consumer Law and Criminal Law for Alabama on
Q: What constitutes fraud?
Tim Akpinar
Tim Akpinar answered on Aug 1, 2019

Fraud is essentially conduct that embodies deception and dishonesty. Depending on which jurisdiction's civil or penal codes you look at, it could be defined in a number of different ways. Its general attributes are that is done knowingly and deliberately by the wrongdoer, with the intent to deceive... Read more »

2 Answers | Asked in Consumer Law, Contracts, Criminal Law and Real Estate Law for Alabama on
Q: Landlord changed locks on a commercial property I've leased till 2020 without notice. Should I call locksmith to get in?

The commercial property is leased in Montgomery .The contract states that it's for two years ending in 2020. A week ago today the landlord and I had a disagreement about a sublease she wanted to add to the contract already signed .The sublease states I give up half of the property leased to other... Read more »

Gary Kollin
Gary Kollin answered on Jul 30, 2019

How can any attorney on here answer the question without reviewing the lease, the payments and all other issues.

Did you call landlord?

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2 Answers | Asked in Consumer Law and Collections for Alabama on
Q: How would the creditor take my income as a 1099 independent? Also is there anyway to stop them I assume filing bankrupt

Also you can only file for bankruptcy once per 7 years is this correct and how can they take my income as a 1099 independent? Is there another way to stop the creditor from taking my income other than bankruptcy?

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Jul 11, 2019

A person who is a judgment creditor can garnish your wages or income. Remember, because they have a judgement against you -- the portion that they are able to garnish is theirs, not yours. If you have filed bankruptcy within 7 years you can't file again. They can also garnish your bank accounts... Read more »

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1 Answer | Asked in Consumer Law, Employment Law, Contracts and Collections for Alabama on
Q: My wages are being garnished by employment for old credit card debt. If I quit my job and work as a 1099 what can happen

This is in Alabama and the bank is capital one for one judgement for around $1,200 which is being garnished as a regular employee and I have another judgment for $2,000 something that can’t be garnished because I’m already being garnished I never went to court for this. If I was as a 1099 or... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 10, 2019

Changing your employment status from regular employee to 1099 independent contractor will NOT stop or prevent a judgment creditor from seizing part of your paycheck. In fact, changing status will INCREASE the amount of the paycheck--which should bring a smile to your judgment creditor's ugly face.

1 Answer | Asked in Banking, Civil Litigation and Consumer Law for Alabama on
Q: We were issued a wage garnishment , but the amount was already taken out of our bank account in February.

Over the weekend we were served with a wage garnishment , but the money was already taken out of our bank account in February . This is the same court case number and amount that was already deducted in the February withdrawal. We never received a garnishment letter from the withdrawal in February... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 26, 2019

Unless the earlier garnishment was insufficient to repay all of the debt underpinning it, I cannot think of a reason why the garnishment has re-appeared. If you want to get rid of it--temporarily--close the bank account; and do not open another account at the same bank.

1 Answer | Asked in Consumer Law, Contracts and Civil Rights for Alabama on
Q: A ex friend has a fourwheeler of mine that he agreed to make payments can I get it back?

I wrote up a contract stating terms and conditions payment date and total amount owed we both signed but had no witness or notary is this contract legal and how can I get my fourwheeler back since we are no longer friends and I have someone willing to get it out of my name and in theirs.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 29, 2019

It appears the contract is legal which means you can enforce it in an Alabama court.

1 Answer | Asked in Consumer Law, Contracts and Landlord - Tenant for Alabama on
Q: Wht do I do? Alabama, student moving into an apartment in (3) days. Leased apt not like the model shown. It's a dump!

Water damage, stained ceiling, mold, dirty air vents, exposed wires, broken tiles, torn wall paper, chipped tile, missing cover plates, an unsecured door lock. reeks of smoke/weed, no shower head, dirty kitchen cabinets...

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Aug 15, 2018

Go back to the landlord and tell him that you will not move in until the defects are fixed. You might need to hire an attorney in the county where the apartment is located.

1 Answer | Asked in Contracts and Consumer Law for Alabama on
Q: Can I cancel or rescind a timeshare sampler purchased 3 days ago?

Purchased a sampler 3 days ago and on contract it does say no right to rescind, however this morning as I was looking through the offering in detail we realized that we would only be given access to a few properties in a few locations, not access to the vast inventory as we were told in... Read more »

Michael Hales
Michael Hales answered on Jul 10, 2018

My recollection is that sample packages do not have the typical recession rights as a true timeshare purchase. That being said, you may still have some options if you'd like to get an attorney involved and depending on how the purchase was structured.

1 Answer | Asked in Consumer Law and Bankruptcy for Alabama on
Q: Can someone who has no assets and only SS Retirement be garnished for credit card and car lease debts?

My 65 yo Father in Law has recently moved here with us from out of state. He was less than honest about his financial and income situation. His only income is his SS check which is around 1500.00/mo and he drew SS disability prior to turning 65. He accrued a large credit card debt and leased a... Read more »

Timothy Denison
Timothy Denison answered on Jun 26, 2018

Not garnishment of social security proceeds.

1 Answer | Asked in Foreclosure, Energy, Oil and Gas and Consumer Law for Alabama on
Q: Can the power company shut off service for non payment at a different residence bc my brother used my name on the bill?

Brother used my name on his bill then skipped out of town. They are threatening to shut off my service now if I don't pay that debt by the end of the month

Rafael Gil III
Rafael Gil III answered on Mar 7, 2018

If I were you I would contact the Alabama Public Services Commission and file a complaint.

1 Answer | Asked in Consumer Law, Criminal Law, Family Law and Real Estate Law for Alabama on
Q: how do you find municiple codes for new hope alabama

There does not seem to be any listing on city website or any transparency at all. Is it even required for a city to publicly publish city code and law and is it not against some sort of checks and balances for the city hall to charge 25 cents a sheet for any physical copy of information on such... Read more »

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Mar 4, 2018

You might call city hall...

1 Answer | Asked in Banking, Consumer Law, Collections and Elder Law for Alabama on
Q: How can I get copies of a bank judgement and all supporting documentation?

I recently received notice from a local bank that they have an old judgement against me and my late husband but I do not believe that I owe it and do not recall signing the papers. I have repeatedly requested all documentation supporting the balance and judgement. But they simply ignore me and... Read more »

Rafael Gil III
Rafael Gil III answered on Mar 2, 2018

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.

1 Answer | Asked in Divorce, Bankruptcy and Consumer Law for Alabama on
Q: What can I do?Ex-husband filed 5 yr. bankruptcy I am still on the deed. divorced 20 yrs.ago.Judge gave him debt of home

The divorce decree 20 yrs. ago, said He was awarded the home,and that I was released from all and any indebtedness due on the home. Now it has ruined my current credit, showing on my credit a 4 month late on mortgage, that I do not have. I did not know about the filing of bankruptcy that he... Read more »

Rafael Gil III
Rafael Gil III answered on Mar 2, 2018

The question is a little confusing. Did your husband file for bankruptcy and discharge the home? If he didn't then the bankruptcy by itself is not hurting your credit rather his late/no payments is! Is he in a chapter 13 or chapter 7 bankruptcy? Regardless, this is a common problem with... Read more »

1 Answer | Asked in Bankruptcy, Consumer Law and Probate for Alabama on
Q: I get dead husbands small pension is it free of garnishment from my dr. bills. I live in Alabama
Rafael Gil III
Rafael Gil III answered on Mar 2, 2018

No it is not free from garnishment. If a creditor get a judgment against you, they can levy it from a bank account.

1 Answer | Asked in Bankruptcy, Consumer Law, Contracts and Small Claims for Alabama on
Q: My wife's bankruptcy was paid in full, but now I'm being sued for breach of contract from a car credit company.

We received the release letter from the court that indicated the balance on the car account was $0. Why would a well-established major car credit company mail a clear title to a buyer if there was still a balance?

Rafael Gil III
Rafael Gil III answered on Mar 2, 2018

I would assume that your wife filed the bankruptcy and you did not? If that is not the case, then you are not protected from this creditor when your wife received her discharge order. I believe that they are attempting to come after you for interest not paid on the account during the 5 year... Read more »

1 Answer | Asked in Bankruptcy and Consumer Law for Alabama on
Q: If a lawsuit is filed against me how do I pay it?

A lawsuit by a creditor is being filed against me for nonpayment. I leased equipment and it was tore up when I received it. The creditor didn’t want the equipment back and insisted I pay. Well I can’t pay the lump sum they’re asking as my family and I are basically homeless at the moment... Read more »

Rafael Gil III
Rafael Gil III answered on Mar 2, 2018

Unfortunately, once a lawsuit is filed, your options are limited. You can settle the debt by making an offer to pay for less than the amount owed and dismissing the case. You can offer to make monthly payments on the debt. Once this lawsuit goes to judgment, then you will be at the mercy of the... Read more »

1 Answer | Asked in Consumer Law, Contracts, Car Accidents and Collections for Alabama on
Q: Do I actually have to pay this bill?

Lets start from the beginning. My best friend was driving a motorcycle that was in my name. A guy ran a red light while he was turning and the bike was totaled. Now the towing company that fetched the wrecked bike is now informing me that they will charge me roughly 1000 dollars in cash in order to... Read more »

Peter N. Munsing
Peter N. Munsing answered on Feb 20, 2018

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 insurance... Read more »

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