John Griffin Watts’s Answers

John Griffin Watts

Birmingham Foreclosure Attorney.

Contributor Level 14
  1. I was issued a credit card from Household bank which hails in Illinois.my last payment was in July of 2009.I now live in Alabama

    Answered over 2 years ago.

    1. John Griffin Watts
    2. Dorothy G Bunce
    3. Richard Scott Lysle
    3 lawyer answers

    The statute of limitations is a complicated subject in credit card cases because it may be Alabama law that applies or it may be the law of whatever state is mentioned in the credit card agreement. If it is Alabama law, the collection lawyers say 6 years and I say 3 years. The more important issue is Portfolio Recovery is a notorious debt buyer -- we sue them regularly in Alabama and just recently received a judgment against them. If they sue you they have to prove they own the debt --...

    2 lawyers agreed with this answer

  2. Legal options on Credit report dispute? What should I do when my landlord would not fix the error on my credit report.

    Answered 4 months ago.

    1. John Griffin Watts
    2. Daniel Tam
    3. Christine B. Adams
    3 lawyer answers

    The key to credit reports is they must be accurate. So if your landlord says you owe $3,000 and the judgment against you is only $2,000, and you paid it, then your credit report should show this on the account or what is called the "tradeline." I'm a little unclear how it is reporting now. If you paid it in full, then it should show this. If you settled for less than the full balance, then it can show that. Sounds like it is not reporting correctly. The best way to fix this is to...

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  3. Dr went in to perform a l5/s1 anterior fusion. After 13 days of insisting I had no feeling in my leg and being ignored I went

    Answered about 1 year ago.

    1. James E. Girards
    2. John Griffin Watts
    3. David Ian Schoen
    4. George Costas Andriotis
    5. Christian K. Lassen II
    5 lawyer answers

    Short answer is get with a lawyer in Alabama asap. There are not many lawyers that are skilled in malpractice -- feel free to get with me and I'll give you some recommendations. I try cases in federal court but malpractice is not my area of expertise. Longer answer is medical malpractice in Alabama is tough -- because of our special laws and in general our juries tend to be sympathetic with doctors (and to a lesser extent hospitals/nurses). You have 2 years to file suit but I would not...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  4. Is there a statute of limitation on government debt (DOD / DFAS)?

    Answered over 2 years ago.

    1. John Griffin Watts
    2. Scot J Eliot
    3. Brian S Wayson
    3 lawyer answers

    Couple of thoughts for you. The debt collector does not have to provide documentation unless it wants to continue to collect against you and even then the law is pretty weak on what the collector has to provide. What we often see, however, is that the collection agencies will violate the law when collecting debts. You can read more about this at the link below. As far as proof of the debt, I would ask them again to give you detailed information. They are not "required" to do so but...

    1 lawyer agreed with this answer

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  5. A debt collector is threatening to garnish my husbands wages for debts I owe. They are medical debts and I live in Alabama.

    Answered over 4 years ago.

    1. John Griffin Watts
    2. Brett D Weiss
    3. Theodore Lyons Araujo
    4. Ian Richard Leavengood
    5 lawyer answers

    As mentioned earlier, the debt collector can only garnish wages if a judgment has been entered. A favorite dirty trick of debt collectors is to threaten garnishment if "you don't pay right now" even though they know they cannot do this. If this has happened to you, this violates the Fair Debt Collection Practices Act (FDCPA) as a debt collector cannot threaten actions it cannot legally take. Normally there are other violations of the law (both our Alabama state law and federal law) when...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  6. A debt collector is threatening to garnish my husbands wages for debts I owe. They are medical debts and I live in Alabama.

    Answered over 4 years ago.

    1. John Griffin Watts
    2. Brett D Weiss
    3. Theodore Lyons Araujo
    4. Ian Richard Leavengood
    5 lawyer answers

    As mentioned earlier, the debt collector can only garnish wages if a judgment has been entered. A favorite dirty trick of debt collectors is to threaten garnishment if "you don't pay right now" even though they know they cannot do this. If this has happened to you, this violates the Fair Debt Collection Practices Act (FDCPA) as a debt collector cannot threaten actions it cannot legally take. Normally there are other violations of the law (both our Alabama state law and federal law) when...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  7. POA. How does it help in the case of A Investigation of elder & financial.

    Answered 8 months ago.

    1. Kelly Scott Davis
    2. Lawrence A Friedman
    3. John Griffin Watts
    3 lawyer answers

    There is nothing illegal about a person who holds a power of attorney being compensated for work performed. But when you have an elderly person -- especially a non family member -- and then you are made power of attorney and named in the will, it raises red flags. You definitely need to get to a lawyer to find out what your options are at this point. Financial abuse of the elderly is a "hot topic" and you need to take it very seriously (and it sounds like you are). Best wishes John...

    3 lawyers agreed with this answer

  8. If my mother died in Jan.2008, & a judgement was placed on her property (life est.) in 12/2009, how can it be removed?

    Answered 8 days ago.

    1. John Griffin Watts
    2. William Edward Scully Jr.
    3. Richard Glenn Elie
    3 lawyer answers

    To make sure I understand your situation: Mom kept a life estate. Kids had the remainder interest. Grand daughter had NO interest in the property. Granddaughter takes out a car loan and gets sued for a deficiency and the collection lawyer put the lien on the property that the granddaughter had no interest in. Is this correct? If so, then I think the judgment/lien against the property is invalid. You need to get it removed in court. There are several ways you can do this: 1....

    1 lawyer agreed with this answer

  9. Question about Statute of Limitations on debt...

    Answered 2 months ago.

    1. Lois R Beasley-Carlisle
    2. Howard M Lewis
    3. Steven Mitchell Howie
    4. John Griffin Watts
    5. Daniel Lee O'Neil
    6. ···
    6 lawyer answers

    As mentioned, it depends on the type of debt but normally the statute of limitations is 3-6 years in Alabama. The question is, "When does it start to run?" So have you ever been late on this debt? Did you stop paying for a period of time and then started back paying? Are you being sued? Is the creditor threatening to sue you? Lots of factors. I suggest you get with a consumer lawyer in Alabama to get specific answers to your situation. As one of the other lawyers...

    1 lawyer agreed with this answer

  10. My contract was started in 2006, a collection agency bought it in 2011. Will it fall of my credit from the original date?

    Answered 3 months ago.

    1. Ronald C. Sykstus
    2. John Griffin Watts
    3. Dorothy G Bunce
    4. Richard Glenn Elie
    5. Alan James Brinkmeier
    5 lawyer answers

    Here's the quick version. Negative info stays on your credit report 7 years from the date of the first major delinquency. So, regardless of when you entered into the contract, when did you fall behind on it? The fact that a debt buyer or collector obtains your account has NOTHING to do with how long it stays on your report. We go from the original date you had the major delinquency. It could be bought and sold 100 times and it does NOT impact when it falls off your report. There...

    1 lawyer agreed with this answer

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