John Griffin Watts’s Answers

John Griffin Watts

Birmingham Foreclosure Attorney.

Contributor Level 14
  1. Suit filed on credit card bill

    Answered about 4 years ago.

    1. John Griffin Watts
    1 lawyer answer

    Under my signature are a couple of links to my site that talk about what to do when sued. To answer your questions: The statement of claim is all that the collection lawyers typically file here in Alabama. You can ask them for more details and most will send it to you. There is nothing that the President has done on the credit card rates. Here's what you can do: 1. Make sure you do NOT allow a default judgment. Respond to the lawsuit. You only have 14 days from when you...

    1 person marked this answer as helpful

  2. I live in birmingham Al, what type of paper-work do i need to sue my old employer?

    Answered about 4 years ago.

    1. John Griffin Watts
    1 lawyer answer

    As far as paperwork, you need everything related to your job. Did you have a contract? Any letters or emails? Policy or employee handbooks? Then there are a few things you need to think about.... You need to determine if you have the right to sue. Unfortunately here in Alabama we are an "at will" employment state which means our employer can terminate us for any reason at all (good, bad, or no reason). Now, if you have a contract you can be in a different position. If you were...

    1 person marked this answer as helpful

  3. MVA - now being sued

    Answered about 4 years ago.

    1. John Griffin Watts
    2. Jon Ethan Lewis
    3. Richard Albert Cruz
    3 lawyer answers

    In Alabama the statute of limitations is two years so they filed it in time. I understand your frustration but what the insurance company says is not the final word on injuries. The fact that people left by ambulance tends to indicate the police thought there was a danger of injuries. The critical thing for you to do is to let your insurance company know about this lawsuit ASAP so they can process it and hire a lawyer to defend you. You should not have to pay any legal fees - your...

    1 person marked this answer as helpful

  4. I live in Alabama,my husband passed away ,can I sell his car

    Answered about 4 years ago.

    1. John Griffin Watts
    1 lawyer answer

    When someone dies, the assets in their name only will generally need to go through probate. If they have a will, it is handled that way but in your daughter's case, since he had no will, she most likely will need to contact a local probate attorney to help handle the estate. I don't think on the facts you described that it will be very expensive as sounds like it should be a relatively straight forward matter in probate court. And the probate lawyer may tell you that you don't need to...

    1 person marked this answer as helpful

  5. What is the statute of limitation for debt collection in Alabama?

    Answered about 4 years ago.

    1. John Griffin Watts
    2. Pamela Koslyn
    2 lawyer answers

    There is a big debate in Alabama between consumer lawyers and collection lawyers on the statute of limitations. Credit cards are considered "open accounts" which have a three year statute of limitation. But collection lawyers argue, wrongly in my view, that when they sue you on a credit card it is what is known as an "account stated" or "stated account" theory which has a six year statute of limitation. When we defend consumers who are sued, we challenge the idea of the stated account...

    1 person marked this answer as helpful

  6. I am in Texas and I need to file in small claims court for debt collector in Florida for violating the TCPA.

    Answered over 2 years ago.

    1. John Griffin Watts
    2. Mitchell Paul Goldstein
    3. Michael J Corbin
    3 lawyer answers

    I don't know the laws of Texas but if this happened in Alabama it would not be a problem suing them in Alabama. They need to be licensed/registered to do business here and have to provide an agent for service of lawsuit papers. As to whether you will recover money, it depends. We have had six figure Fair Debt Collection Practices Act (FDCPA) cases and Telephone Consumer Protection Act (TCPA) cases. We also have had very small ones. How many times were you called? Get with a Texas...

    Selected as best answer

  7. My mom is on Medicaid& is in a LTC facility-I transferred her life ins &want to change it back so she doesn't lose her benefits

    Answered 5 months ago.

    1. Evan H Farr
    2. Kelly Scott Davis
    3. John Griffin Watts
    3 lawyer answers

    Good answers by the other lawyers -- you have to fix the "gift" and do so the right way under Virginia law. I suggest getting with a Virginia elder law attorney asap to figure out the best way to handle this. There are some things that taking a DIY (do it yourself) approach makes sense. Elder law is one area where that normally ends badly. I'm glad you are investigating your options and encourage you to finish it by getting with a lawyer that can advise you. Best wishes John Watts...

    2 lawyers agreed with this answer

  8. All income just covers Assisted Living the suit will take away all money to pay for care. Can a company do that?

    Answered 10 months ago.

    1. Michael Leo Potter
    2. Lawrence A Friedman
    3. Kelly Scott Davis
    4. John Griffin Watts
    4 lawyer answers

    I defend consumers sued by debt collectors and I also practice Elder Law. Here are my thoughts: 1. As suggested in the first answer, is your mother a veteran or a widow of a veteran? If so, she may be entitled to VA Pension (Aid and Attendance) which is for war time veterans (or widows) -- this could pay her up over a thousand dollars a month. 2. If you ignore the suit, a default judgment will be entered against your mother. Does she have property? A bank account with anything other...

    2 lawyers agreed with this answer

  9. Question about Va Benefit, living trust and selling of home.

    Answered 12 months ago.

    1. Robert D. Mannor
    2. Kelly Scott Davis
    3. James P. Frederick
    4. John Griffin Watts
    4 lawyer answers

    The other answers are right -- selling the home will not be income but will be an increase in assets which could push your mother over the asset limit and cut off her Aid and Attendance benefits. One thing to keep in mind is that you also need to consider Medicaid if she ever needs to go on Medicaid. The general rule is that if there is no gift -- but instead a fair market value transfer -- then Medicaid normally doesn't have a problem (at least in Alabama). So get with an elder law...

    2 lawyers agreed with this answer

  10. Can my Mothers vehicle be reclaimed in order to pay Medicaid benefits paid to nursing home if the vehicle is put in my name.

    Answered 12 months ago.

    1. Dennis Michael Phillips
    2. Kelly Scott Davis
    3. Michael Leo Potter
    4. Joseph Franklin Pippen Jr.
    5. Jacob Scott Pelley
    6. ···
    6 lawyer answers

    As pointed out in the other answers -- you need to get with a Medicaid Planning (Elder Law) lawyer asap. Simple things like gifts can have terrible consequences for families and your state may (or may not) allow the return of gifts to avoid a penalty period. I'm a bit unclear -- you say she is on Medicaid. Do you mean Medicare? If she has already qualified under Medicaid, then this might not be as big of an issue but you still need to get with a lawyer to find out. Often we can make...

    2 lawyers agreed with this answer

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