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A. Wilson Webb

A. Webb’s Legal Cases

10 total

  • Butler v. FCI dba Quik Cash

    Practice Area:
    Consumer Protection
    Date:
    Dec 29, 2008
    Outcome:
    Judgment for Consumer Borrower
    Description:
    Butler was sued by Quick Cash in the Small Claims Court. We filed an Answer & Counterclaims for alleged violations of the Truth in Lending Act (TILA), and for multiple violations of the State's "Payday lending" laws as "negligence per se" and as violations of the Deceptive Trade Practices Act (DTPA) including fraudulent loans. After Butler filed Chapter 7 bankruptcy, we removed the case, first to bankruptcy court, and then to the United States District Court based upon the jurisdiction of the TILA claim. Quick Cash filed a Motion for Summary Judgment alleging that the TILA and DTPA failed to state claims upon which relief could be based. The District Court found that the TILA did not apply to the security interest disclosure allegations, but that Butler stated valid claims for Negligence and alleged violations of the DTPA. After a non jury trial, the court entered judgment in favor of Butler and against Quik Cash for negligently violating the "Payday Lending" laws by knowingly engaging in illegal "rollover" loans and for threatening criminal prosecution to collect unpaid loans, awarding Butler $3,000.00, plus costs.
  • Beam v. Gaskins Back Alley Motors

    Practice Area:
    Consumer Protection
    Outcome:
    Summary Judgment for actual & punitive damages
    Description:
    1st time car buyer cheated in auto financing by 'Buy Here, Pay Here' Used Auto Dealer. Sued Dealer in federal district court and obtained summary judgment awarding compensatory and punitive damages.
  • Kendra Underwood v. Greater Gadsden Housing Authority

    Practice Area:
    Landlord & Tenant
    Date:
    Oct 18, 2000
    Outcome:
    Jury verdict reversed on appeal; Tenant keeps apt.
    Description:
    Tenant was sued for eviction for allowing Father of her children into apartment after Father was "banned" from premises. LL had demanded that ALL tenants read "ban list" monthly when rent paid. List typically contained over 400 names. Jury ruled for LL; Alabama Court of Civil Appeals reversed verdict, holding that LL failed to provide adequate notice to Tenant.
  • Leo, as Trustee v. Ford Motor Credit Co.

    Practice Area:
    Chapter 7 Bankruptcy
    Date:
    May 25, 2009
    Outcome:
    Settled, FMCC returned $6,000 of garnished wages
    Description:
    Chapter 7 Debtor's wages were being garnished in State court for over 1 year when she filed Ch 7 bankruptcy. Total amount seized approx $7,200. My analysis of State Court Garnishment process revealed defects supporting action to void the entire garnishment and refund of monies not otherwise obtainable under bankruptcy law. We removed the Garnishment Action from State Court to Bankruptcy Court as an Adversary Proceeding. Negotiated settlement with return of $6,000 and waiver of any remaining claims in Ch 7 distribution. Debtor (also my client) received all monies she could claim exempt.
  • Spragues v. Campbell Enterprises LLP

    Practice Area:
    Consumer Protection
    Date:
    Feb 18, 2009
    Outcome:
    Judgment for Plaintiffs on TILA violations
    Description:
    The Spragues filed Ch 13 bankruptcy (through another attorney) to stop foreclosure of their home. Campbell Enterprises, prior Mortgagee, filed a Secured Claim (2nd Mortgage) from refinancing of the Mortgage, for approximately $4,200.00. We filed suit in the Bankruptcy Court vs. Campbell Enterprises LLP to rescind (cancel) the Mortgage, plus actual and statutory damages and reasonable attorney fees, for violation of the Truth in Lending Act, 15 U.S.C. 1640, and violation of the bankruptcy automatic stay. After a long, hard fight, and trial, the Bankruptcy Court awarded judgment in favor of the Spragues - canceling the 2nd Mortgage, awarding statutory damages of $2,000.00 and reasonable attorney fees and expenses totaling $12,8256,52.
  • In re Bills (Bkr Crt ND AL 2010), 09-40165-JJR13, Doc# 104

    Practice Area:
    Chapter 13 Bankruptcy
    Date:
    Feb 11, 2010
    Outcome:
    Debtor' Objection Sustained, Motion Conditionally Denied (& Everhome dismissed same)
    Description:
    Debtor's Objection to Motion to Lift Stay action (to foreclose) by Everhome Mortgage. Challenged legality of Everhome to pursue foreclosure as it was not the Owner of the Mortgage Debt, nor authorized agent.
  • Gray v. Pioneer Credit, MD Bnkr. Ct Ala, AP-09-01050(Judge Williams)

    Practice Area:
    Consumer Protection
    Date:
    Sep 24, 2010
    Outcome:
    Gray received $1,000 damage award, plus costs and attorney fees.
    Description:
    Lender defrauded Consumer by charging bogus $15 title fee on loan for which Lender already held perfected title lien. Sued for Truth in Lending Act violation. Lender fought like trapped rat, running up everyone's costs; conceded at summary judgment, but fought costs and attorney fees for successful consumer.
  • Credit Nation Lending Services LLC v. Nettles, USDC 2013

    Practice Area:
    Appeals
    Date:
    Mar 24, 2013
    Outcome:
    Affirmed (with Memorandum Opinion)
    Description:
    Hired to defend appeal of Bankruptcy Court judgment ordering Secured Debt to be stripped of lien and debt discharged for knowing violations of Automatic Stay.
  • Fields v. Buy George Auto Sales, et al

    Practice Area:
    Litigation
    Date:
    Mar 19, 2013
    Outcome:
    Successfully opposed Motion to Dismiss based upon judicial estoppel
    Description:
    In lawsuit against auto dealer for fraud, etc filed in Bankruptcy Court, Debtor successfully opposed Motion to Dismiss, with testimony and legal briefing. AP 12-00122 ALNB
  • Underwood v. Greater Gadsden Housing Authority

    Practice Area:
    Landlord & Tenant
    Date:
    Aug 11, 2000
    Outcome:
    Appeals Court reversed Trial Court , Eviction Case dismissed. 789 So. 2d 867; 2000 Ala. Civ. App. LEXIS 520
    Description:
    Housing Authority attempted to evict Tenant for allowing the Father of her children to visit even though he was subject to a No Trespass Ban placed upon him without Notice to Tenant. Trial Court refused to set aside jury verdict and enter judgment in favor of Tenant. Appealed to Ala Court of Civil Appeals.