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Alabama Consumer Law Questions & Answers
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... Read more »

1 Answer | Asked in Consumer Law, Copyright, Child Support and Constitutional Law for Alabama on
Q: Is it legal for a single mother to be forced to have a DNA test done on her child especially when there's an open invest

I was forced to have a DNA test done on my child after he was 4 years old and I have had sole custody of him up until this point

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Jan 12, 2018

Yes. It is perfectly appropriate for the Court to order a DNA test to establish the paternity of a child.

1 Answer | Asked in Car Accidents, Consumer Law and Lemon Law for Alabama on
Q: Is a dealership supposed to disclose, to a buyer, if the vehicle being purchased has had major damage to it?
Peter N. Munsing
Peter N. Munsing answered on Dec 29, 2017

If they knew through carfax or similar, yes. Depends what the damage is and how the title is set up.

1 Answer | Asked in Contracts and Consumer Law for Alabama on
Q: Bought a new truck price was agreed on and both parties signed agreement loan signed title signed dealer refused to deli

I was supposed to pick truck up the next day and they refused to let me pick it up because they needed 5000 for the truck I'm just wondering if they can legally do that being all paperwork was signed and finalized loan was submitted to bank and title paperwork to go get tag was given to me... Read more »

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Nov 12, 2017

Was part of the agreement that you would pay them $5,000.00? If so, you have to live up to that part of the agreement too. If you do what you are bound to do, they have to do what they promise to do.

1 Answer | Asked in Landlord - Tenant, Consumer Law and Criminal Law for Alabama on
Q: Can i have my sons broken car towed to his new residence without breaking the law?

My son moved in with us for awhile and then started creating problems and we told him he had to move, he got an apartment but left his broken car at our house. I have texted him several times to come get it and he refuses and says if i sell it or have it towed he will report it stolen and i would... Read more »

Barbara H. Agricola
Barbara H. Agricola answered on Oct 6, 2017

you can certainly have it towed since it is currently on your property. where you have it towed is up to you. it would be wise to keep a record of you informing your son what you are doing via text, email, or recording so that if he chooses to report it stolen, there would be no potential... Read more »

1 Answer | Asked in Consumer Law, Products Liability and Criminal Law for Alabama on
Q: Two friends and I take a trip to a local grocery. My friends are under 21 years of age. I am 23. Can I buy alcohol?

I am 23 years of age. The alcohol was purchased for the friends' mother, who is over 21 years of age. When I attempted to purchase a bottle of wine, the cashier said that he would need to see all of our IDs because he saw us walk in together and there was a law on the matter. When I asked, he... Read more »

William C. Head
William C. Head answered on Aug 10, 2017

Laws exist in all states prohibiting an adult buying alcohol and supplying it to the minors. The grocery chain would rather NOT have you as a customer that to late be facing a claim that their clerk sold you booze that you then gave the young people, and a DUI-related death occurred.

Read more »

1 Answer | Asked in Probate and Consumer Law for Alabama on
Q: What happens to life insurance if beneficiary dies before payout?

My mother lived in Huntsville Ala, Her common law husband passed away on may 12th she was listed as the beneficiary of his life insurance, However she passed away on the 21st before the insurance paid out. What happens to the money from life insurance now?

Jack T. Carney
Jack T. Carney answered on Jun 5, 2017

The most likely result is that the insurance proceeds would be payable to her estate. It would be necessary to open an estate administration in order to file a claim. You may want to contact the insurance company and see if the particular policy has a survivorship requirement (in other words must... Read more »

1 Answer | Asked in Consumer Law, Contracts, Appeals / Appellate Law and Civil Litigation for Alabama on
Q: What to do when you've signed an arbitration agreement & days later find that the auto dealer has committed fraud?

The dealer represented that a car had only been listed as used because the owner of the dealership used it for a short period of time & knowing that the owner had intentions of selling the car, I assumed that it was well taken care of. I was originally interested in a new car but a taken care... Read more »

Samuel G McKerall
Samuel G McKerall answered on May 5, 2017

You're out of luck. You can't buy a car from a dealer anywhere without having to sign an arbitration agreement. You signed it. You're stuck with it.

Your damages are minimal, if any. You thought you were buying a car with 4,000 miles on it and you got a car with 4,000...
Read more »

1 Answer | Asked in Civil Litigation and Consumer Law for Alabama on
Q: What is the statute of limitations on unpaid cell phone bill?
Samuel G McKerall
Samuel G McKerall answered on Jan 25, 2017

In Alabama its 3 years from the date of the last charge OR the date of the last payment, whichever is most recent. In other words, every time you make a payment on the bill the statute of limitations resets and starts all over again. The time period varies from state to state, so this advice is... Read more »

1 Answer | Asked in Contracts, Collections and Consumer Law for Alabama on
Q: I supposedly took out a $900.00 payday loan from Plain Green around March 2012. Has the statue of limitation not expired

They told me I now owe them $4,132, but would settle for $1,505.00. If it turns out I owe them, is it in my best interest to do the settlement or take my chances in court?

Peter N. Munsing
Peter N. Munsing answered on Sep 20, 2016

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... Read more »

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