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A. Wilson Webb

A. Webb’s Answers

295 total


  • A collection company is coming after me for my dad's pharmacy bill I never assumed responsibility for. What are my options?

    I have 2 Power of Attorneys (Durable & Medical) for my dad. He has a bank account that I am on so I can help him pay his bills. It is not my money, it is his. While he was in an assisted living facility recovering from a stroke, he used my addr...

    A.’s Answer

    You are not liable for your Dad's bills. You may rely upon the Alabama Statute of Frauds that requires anyone claiming that you owe money for your Dad to show that you signed a contract specifying what YOU received for taking on the debt of your Father. As to dealing with the Credit Reporting Agencies, do so IN WRITING - not via their respective websites but via the US Mail. Take any collection letters to an FDCPA lawyer in your area. You have several which you may find at www.NACA.net. You may also consult your local legal aid firm or the bar association for assistance.

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  • I have recieved papers that I sm being sued by Roth Recovery Services on behalf of The College Network. I

    I tried canceling my agreement with them several years ago but they would not allow me to do so. I was going thru a terrible divorce and pretty much lost evrtything. School was the last thing on my mind. Well fast forward 3years ,I receive a summo...

    A.’s Answer

    Sounds like a Private Student Loan suit. If so, hire an attorney or contact your local legal aid firm. Private Student Loans are just as non dischargeable in bankruptcy as Federally guaranteed loans. That's why it is so important for you to seek legal representation because these suits are often brought by Debt Buyers who may not be able to prove they own the debt. Don't ignore this or consent to a judgment without first seeking competent representation.

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  • My home is foreclosed. they want me to sign "plaintiff be granted money damages for wrongful retention by defendant of property

    what does this mean?

    A.’s Answer

    The plaintiff wants you to agree that you owe them whatever they have demanded. If you agree, then you cannot challenge the amount claimed or even their right to foreclose. Consult an attorney. Free legal representation is currently available to homeowners in foreclosure. Contact your local bar association or the Alabama State Bar.

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  • When your partner walks out on you is he still liable for the bills in the house

    my partner had an affair and left the property taking just his clothes the house is in both our names we have a mortgage is he still responsible to pay water rates community tax

    A.’s Answer

    Is this a Business question, Divorce question, non marital relationship question, or what? Absent a valid marriage (via license or common law), then your remedies depend upon whose name is on the Utility Contract and whose name(s) are on the Deed and Mortgage, and car title. Years ago, I represented a partner in a non marital "divorce" (same sex relationship) and it got ugly. It becomes a Trial of Right to Property - who purchased the film owns the pictures. Best wishes.

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  • Which SOL is used for Cell phone contracts to dictate how long a debt buyer has to sue you?

    I recently disputed a debt on my CR due to incorrect dates being entered. The CR agency investigated and updated the dates stating the debt will fall of in Nov this year. However I received a claim filled for suit against me. This is an for an old...

    A.’s Answer

    I usually defend using a "open account" analysis with a 3 yr SOL. A written contract with NO blanks in the terms is subject to a 6 yr SOL. If Verizon sued you under an Account Stated theory, they may win if they can prove they sent you a fully itemized and rendered accounting and you agreed. If a Debt Buyer sues under an Account Stated theory, then the "Stated Date" is a required element of that claim under long established Alabama case law. I urge you to hire a consumer rights defense counsel in your area. You may find such at the National Association of Consumer Advocates at www.NACA.net.

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  • I bought a car with torn title and bill of sell, will i be able to get registration changed? if not what will i need to do?

    car title has a part of it missing but owner info and car info is still intact

    A.’s Answer

    The friendly folks at the Alabama Department of Revenue, Motor Vehicle Division will have to inspect your title and bill of sale documents to determine if they are valid. Torn should not be a problem as long as they are still intact (not separated) or if separated, then easily shown to be parts of the same documents (like pieces of a puzzle). Torn to multiple pieces is more of a problem.

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  • Can I sue a breeder for selling a dog that was not purebred?

    I bought a purebred shih tzu from a breeder. I later found out that the dog is not purebred. It took me 9 months to contact the breeder. We finally got a hold of her and she said she will give us the money but we have to return the dog after we...

    A.’s Answer

    She's just covering herself from settling and then being sued. If she agrees to reimburse you for all your expenses, that will cover what you could recover by filing suit in Small Claims Court (limited to $3,000). Make sure there's no Binding Mandatory Arbitration Clause or a Confidentiality Clause in your settlement. You don't want to give up your right to go to court or your freedom to tell others of the fraud.

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  • Can the bank take a car if the person dies but I'm still making pay,ments?

    My grandmother got a loan a car and I've been paying the monthly payments. She recently passed away and the bank wants to take it back. Is there any way I could keep it if I still make the payments even though its not in my name?

    A.’s Answer

    I think the real issue here is whether the car is still fully insured with the Bank as Loss Payee. This is a contract provision which protects the bank in the event the car is damaged. Get that issue "covered" and that may satisfy the bank. Of course, in order for YOU to get it insured, it would have to be in your name. Good luck.

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  • How long can I leave my stuff in a house I no longer live in before the landlord can throw it out?

    I have moved most of my stuff out. The power and water are on in my landlords name.

    A.’s Answer

    There is a doctrine of abandonment, found in case law. You don't want to fight the abandonment claim or the defense if you were to sue for throwing your property out. Better for you to fetch your property before it disappears or is taken to the street.

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  • What do I do about an equity loan with balance due by end of next month?

    Thought we signed a 30 year mortgage instead of equity loan. We do not have the money for balance due, and have not been approved for other loans or mortgage. Do we need to file bankruptcy? If we move out of the home, what do we need to do first l...

    A.’s Answer

    An equity loan involves a mortgage. Not paying will lead to foreclosure. If the equity loan was created within the last 3 years, then I strongly suggest you have someone such as Earl Underwood in Fairhope scrutinize for TILA and RESPA violations. If a TILA violation IS found, you may have the right to unwind the loan. Fairly complicated, which is why I suggested Mr. Underwood, an expert in that field of law. Aside from a preemptive TILA strike, you need not file bankruptcy and may not need to even if the house is foreclosed for less than the amount owed. You may stay in the home through foreclosure, which should take months. You should also look at the new Foreclosure preventives involving refinancing your home, perhaps the HARP program. You can check with a mortgage broker in your area at no cost.

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