John Crad Hubbard’s Answers

John Crad Hubbard

Birmingham Personal Injury Lawyer.

Contributor Level 12
  1. Does a will have to be notarized in Alabama or do the two witness signatures make it legal?

    Answered about 1 year ago.

    1. John Crad Hubbard
    2. Patrick Mahaney
    3. Douglas C Martinson II
    3 lawyer answers

    The will is valid with the two signatures. The notary only makes it self-proving, which would have saved you some time and trouble, but as long as the two witnesses are willing to attest that they saw the will-maker sign the document, there shouldn't be a problem. Also, I highly suggest you retain a lawyer to help probate the estate. Even simple estates require certain documents and notices to be filed and it can be a huge time investment and headache trying to do it without counsel.

    Selected as best answer

  2. I live in Alabama. I have no job and only receiving unemployment. Can credit card companies go after my savings account?

    Answered over 1 year ago.

    1. John Crad Hubbard
    2. Lois R Beasley-Carlisle
    3. Janet Monique Okoye
    3 lawyer answers

    They can go after your savings account. However, if the account holds money from non-garnishable sources, then they may have a problem. It would be your responsibility to prove that problem -- or at least make the court aware -- if you received a notice of garnishment. Also, I just want to make sure that you know that the credit card company has to sue you and obtain a judgment before it can garnish. Its a common tactic for creditors and debt collecotrs to imply garnishment can happen...

    8 lawyers agreed with this answer

  3. Can I sue my creditor for each month they have reported an inaccurate account to the credit bureau.

    Answered 5 months ago.

    1. John Crad Hubbard
    2. Daniel Tam
    3. Dorothy G Bunce
    4. Matthew Scott Berkus
    4 lawyer answers

    If the creditor (called a furnisher in the FCRA context) is supplying incorrect information, then you have a claim worth looking into. You're probably going to have to dispute the information through the credit bureaus first before filing suit. There are several consumer attorneys in the state that can help you do that.

    5 lawyers agreed with this answer

  4. What are the grounds of eviction from a private landlord? If evicted how long would I have to move?

    Answered 11 months ago.

    1. John Crad Hubbard
    2. Alan James Brinkmeier
    3. Steve Eliot Sanderfer
    4. Michael T Warshaw
    4 lawyer answers

    Its been my position that as long as the landlord is accepting money from you, she cannot evict you (see below). However, she can stop accepting rent unless you can pay all that you owe. If you can't catch up in 7 days from her written notice, then she can start eviction proceedings. Section 35-9A-424 Waiver of landlord's right to terminate. Acceptance of rent with knowledge of a default by the tenant or acceptance of performance by the tenant that varies from the terms of the...

    5 lawyers agreed with this answer

  5. When does my time to file my answer start? When the Plaintiff filed the suit or when I actually have been served?

    Answered over 1 year ago.

    1. John Crad Hubbard
    2. Liwu Hong
    2 lawyer answers

    When you are served, the summons accompanying the complaint will state your answer period. It will start from the day you were served. It should be 14 days for District Court (DV) and Small Claims (SM) cases and 30 days for Circuit Court (CV) cases. This is not something you want to ignore. I'll be happy to pull the case up and see how Asset Acceptance ("AA") plans to serve you. Just shoot me email or give me a call. Since they have already sued you, the debt validation letter really...

    5 lawyers agreed with this answer

  6. Midland Funding has put a lien on my home by mistake. They will not send a release to the courthouse. Can I sue them?

    Answered 4 months ago.

    1. John Crad Hubbard
    2. William Edward Scully Jr.
    3. Ronald C. Sykstus
    3 lawyer answers

    Yes, it sounds like you may have several claims, most notably a FDCPA claim. Its a simple mistake to correct, so the fact they haven't corrected it, only make the claim stronger.

    Selected as best answer

  7. My sister got an attorney to do a power of attorney for my mother in 2011, with my mother not understanding what she was doing.

    Answered 8 months ago.

    1. John Crad Hubbard
    2. Clarence Blake West
    3. Douglas C Martinson II
    3 lawyer answers

    If the later one doesn't contain language that revokes the previous one, it could still be valid.

    4 lawyers agreed with this answer

  8. Debt Collection Agency called me and then send letter on debt which I doesn't owe.

    Answered 12 months ago.

    1. Ronald C. Sykstus
    2. John Crad Hubbard
    3. Robert J Adams Jr.
    4. Tregg Robert Lunn
    4 lawyer answers

    I am highly skeptical of signing anything or giving collection agencies personal information. I could easily see them using the information against you. If they have an incomplete file or incorrect data then they shouldn't be collecting against you -- and if they do then they are opening themselves up to liability. As Mr. Sykstus suggested, I would send a dispute letter pointing out the incorrect information and demand they cease to contact you. If they continue, then its time to...

    4 lawyers agreed with this answer

  9. Has there been any progress with the "Fairness for Struggling Students Act" to include private student loans in bankruptcy?

    Answered about 1 year ago.

    1. John Crad Hubbard
    2. Michael Patrick Hanrahan
    3. Matthew Scott Berkus
    4. Eugene S Melchionne
    4 lawyer answers

    The general idea seems to be gaining support but it will probably be awhile before any concrete laws get serious consideration.

    4 lawyers agreed with this answer

  10. This house was forclosed on, how much time do I have before I have to move?

    Answered about 1 year ago.

    1. Holly Nicole Ray-Kirby
    2. John Crad Hubbard
    2 lawyer answers

    If you have a valid lease agreement, you are probably protected under the Protecting Tenants at Foreclosure Act which may extent your right to occupy the unit. You may be able to stay until the end of your lease. The most important step to do right now is to notify the new owner (finance company) that you are a tenant. Also, make sure you are paying rent to the right person.

    4 lawyers agreed with this answer

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