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John Crad Hubbard

John Hubbard’s Answers

415 total


  • The company I work for has an employee hand book also codes and regulations these are contracts, can I sue if they are violated.

    I have a catastrophic illness, According to our contract if this occur we are allowed leave to be donated to help with our finances until we return to work or medically retire. I was denied this benefit. Now I'm destitute I have lost my car, about...

    John’s Answer

    If you have a contract with the company, then you may have a good claim. Sometimes handbook policies are not a legal contract but it is certainly something to look into.

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  • What it does means without waiver of exemption as to personal property and with costs of court means?

    my husband received a court order for a debt and we do not understand the meaning of the order.

    John’s Answer

    Costs of court are the costs the plaintiff (the person that sued you) incurred by filing the lawsuit. In a case like this, its probably around $300-$500. Now that the plaintiff has a judgement against you, it can garnish your wages, etc. You have the right to exempt some of your property/wages if it meets a certain criteria. That is what "without waiver of exemption" means. You still have that right.

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  • What to do about Centurylink charging me for service I don't have and never had?

    This has been ongoing for several months. I ordered Basic phone service Only from Centurylink. They keep charging me for internet service too! I've tried to work this out for several months. One rep told me there was nothing they could do and I'd...

    John’s Answer

    Make sure you have the name of the collection agency and the their return phone number. Once the account goes into collection, they have to follow much more restrictive laws on how they collect. Part of that is ensuring the debt is valid.

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  • Can a payday loan company come to my home?

    I have spoken to the company and let them know what day I will be able to come pay. Well they came to my home and left a card. Also asking my next door neighbor which house is mine.

    John’s Answer

    I think they can come to the house and leave a card, but if they are ever told to leave, I think they have an obligation to leave. If they stay, they are trespassing.

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  • Can we be help responsible for rental fees on an apartment if we move out early? We signed a lease but it did not have our name

    When we rented our apartment we were promised a resort style pool, stocked fishing pond with fountain, and fitness club. What we got was much less than was advertised. We were also told after a year we could rent month to month. The couple divo...

    John’s Answer

    If you were on a month to month lease, Im not sure how you could have moved out early because the lease could be terminated at the end of the month. Regardless, I don't see how the wrong name on the lease has much of an impact on your situation.

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  • I have given a notice stating I had 7 days to vacate my apt or remedy a breach of my lease agreement relating to CODE 35-9A-421

    They posted a note on my door stating Pursuant to Alabama code 35-9A-421 (a), that due to material non compliance of my lease agreement, that I had 7 days to vacate the premises or remedy the breach. It says to to a pet unauthorized. I lived there...

    John’s Answer

    Yes, you should have been given 14 days. I'm not sure about the value of the case, but it sounds like they didn't give you the required number of days.

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  • Will the creditors win a case against me for non payment if I'm no longer working

    I had to stop working in 2012 for severe back complications. I'm in the process of trying to get my disability. I am being sued for non payment of my credit cards. I have no income, I don't own the house I'm living in, nor do I have a bank a...

    John’s Answer

    Income is not a factor when it comes to the judgment, so they can get a judgment against you if they prove you owe the money. However, it may be very difficult, if not impossible, for them to collect the judgement.

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  • Renters damaged property and left.

    Renters damaged house and still owe two months in rent. Will end up costing approximately $5K in damage and unpaid rent plus legal fees (I was in the process of evicting when they up and moved). Is there any way to find out where they've ...

    John’s Answer

    If you have their work addresses, it may be easier to serve them there, if the employer allows it.

    Also, getting to the lien and garnishment goal is a long court process and requires multiples notices.

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  • Still in arrears on mortgage despite successfully paying off a Chapter 13 (which included prior arrears)...HELP?

    We purchased our home in 2007. In 2009, my husband lost a large portion of his income, and we fell behind on our mortgage (along with our car). Filed Chapter 13...and have officially paid it off now, BUT...we've fallen behind on the mortgage aga...

    John’s Answer

    If your house is worth twice as much as you currently owe (total loan payoff, not monthly/arrears payment), then you should have a very good chance of getting refinanced. If BoA refuses, look around at other mortgage companies.

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

    They told me on the phone that the lien was put there by mistake. They sent me a letter stating they had made a mistake and I took the letter to the courthouse, where I was told that they have to have a release sent to them from Midland Funding. M...

    John’s Answer

    • Selected as best answer

    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.

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