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 5 months 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 11 months 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. What are the grounds of eviction from a private landlord? If evicted how long would I have to move?

    Answered 3 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

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

    Answered about 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

  5. 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 24 days 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

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

    Answered 5 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

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

    Answered 6 months 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

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

    Answered 7 months 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

  9. How can i change my childs last name to mine

    Answered 10 months ago.

    1. Howard M Lewis
    2. John Crad Hubbard
    3. Jayson Lutzky
    3 lawyer answers

    Its usually a fairly quick and simple procedure as long as both parents that signed the birth certificate agree to the change. If the birth certificate father disputes, then the probate judge will usually have a hearing on the matter and things can get more complicated.

    4 lawyers agreed with this answer

  10. Is probate necessary if property was deeded to 1 child 7 years after will was written calling for equal shares to 3 children?

    Answered 4 months ago.

    1. Clarence Blake West
    2. John Crad Hubbard
    3. Robert Miller
    4. Rebecca Lynne Evans
    4 lawyer answers

    No, it sounds like the house is yours and not part of the estate. You can do whatever you want with it.

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

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