Mr. Joshua Benjamin Key
About Mr. Joshua Benjamin KeyDo you have questions about business formation, elder law, or Social Security disability? Do you need assistance with any kind of estate planning issue? You have come to the right firm! At The Law Offices of Joshua Key, you can rest assured in the help and support you can receive from a Birmingham probate attorney who has your best interests in mind. It is absolutely imperative that you know who you can trust at this critical juncture in your life, and Attorney Key is just the man for the task. He obtained his Juris Doctorate at the University of Missouri-Kansas City. He is a member of the National Academy of Elder Law Attorneys, the Alabama Association of Justive, and the Alabama State Bar. He also is a member of the American Bar Association and the Walker County Bar Association. With so much on the line, you should not hesitate to contact this law office today.
- Business Law
- Elder Law
- Estate Planning
- Nursing Home Abuse & Neglect
- Social Security Disability/SSI
- Tax Law
- Credit Cards Accepted
- Contingent Fees
- Free Consultation
- Rates, Retainers and Additional Information
- Our firm looks at each individual set of circumstances and sets a fee depending on the complexity of the legal matter. Our firm tries to operate on a flat fee basis as much as possible.
Jurisdictions Admitted to Practice
|In-House Legal Counsel, Regional Paramedical Services, Inc.|
|University of Missouri - Kansas City||J.D.|
|University of Missouri - Kansas City||MBA|
|Avila College||B.S.||Business Administration|
|Member, Alabama State Bar|
|Member, Walker County Bar Assocation|
|Member, United States District Court- Northern District of Alabama|
|Member, American Bar Association|
|Member, National Academy of Elder Law Attorneys|
|Member, Alabama Association for Justice|
- Overall: 14 Answers
Q. What is the staute of limtations in for credit card debt in alabama is it 3,6, or 9 years?
A: Normally a suit is brought under one or more of the following: Breach of Contract, Open Account, or Stated Account (Account Stated). The allegation stated in the lawsuit determines the statute of limitation (SOL).Normally in Alabama a breach of contract action is a six year statute of limitations. We see some original creditors (Capital One, Citibank, etc) sue under this but it is not common to see debt buyers sue under this because they rarely have the documents to support making such a claim. In Alabama, normally an open account is a three year statute of limitations and most credit cards fall under this type of agreement. Most collection agencies or debt buyers do not like this as it is a shorter time period and there is law that suggests (or requires, depending on how it is read) that every charge must be proven by the creditor or debt buyer. The most common type of suit is an account stated suit for which the statute of limitations is six years. Remember if collection actions are brought after the SOL has run they could be violating the Federal Debt Collection Practices Act which governs actions of creditors and third party debt collectors. Should you need any assistance you should contact an attorney.
Q. If your house is paid for, you have bad credit and cant get a loan on your house should you file chapter 7 or 13
A: Really this just depends on your situation. When you file bankruptcy you must list all of your assets. Failing to do so is a crime upon a federal court (very serious). If your house is paid for it might be a better option to try to negotiate with your creditors. Chapter 13 might be a good option because it can restructure the debts on better terms and within 5 years the debt is paid back. In conclusion, it all depends on the amount of debt and the assets you have. The house would be subject to the bankruptcy rules and as such would be available to the creditors for repayment of debts according the the Alabama bankruptcy exemptions. Please feel free to contact me should you need further assistance.
Q. If I file ch 7 how will that affect me purchasing a home within the next 2 to 3 yrs or a vehicle or obtaining credit
A: As soon as you receive your bankruptcy discharge, you will be able to qualify for some basic consumer loans, although at a higher interest rate. The good news is most lenders state that it takes no more than four years to reestablish a normal credit rating provided you pay debts currently and make sufficient income. Within four years after receiving a Chapter 7 discharge, most people are able to purchase cars and homes with normal interest rates and terms. At one time bankruptcy destroyed peoples' credit. Banks used to believe personal bankruptcy was a stigma on credit that a debtor could not overcome. Today, so many people file bankruptcy every year that banks cannot ignore this large market of potential customers. While no one plans to file bankruptcy, the effect of filing today is not nearly as bad as your creditors would like you to believe. Credit scoring is not a legal issue. There are no bankruptcy laws or rules concerning how a debtor recovers their credit rating after filing bankruptcy. Your bankruptcy attorney may have an opinion about credit repair based on the experiences of his clients, but your bankruptcy attorney probably has no professional knowledge about how banks score credit ratings of bankruptcy debtors.
Q. What is comparative negligence?
A: Comparative negligence is a rule of law applied in accident cases that assigns responsibility and damages based on the negligence of every party directly involved in the accident. Comparative negligence can reduce the award of damages to the plaintiff in proportion to his/her fault. Comparative negligence is a standard that has been adopted in some states, however, some states still use contributory negligence which denies recovery to any party whose negligence has added to the cause of the accident in any way. Contributory negligence can lead to harsh results for the slightly negligent plaintiff in some cases, and therefore, has led some states to adopt comparative negligence in order to avoid barring the plaintiff from any recovery at all. Alabama is a state that uses the "pure contributory negligence" statute. This means that in Alabama, if you are found to be in any way at fault for your accident, you cannot collect compensation for your injury.
Q. How long do I have to file suit in a Medical Malpractice Case. Is it better to go out of your County for best results?
A: All actions against health care providers must be commenced within two years after the act or omission giving rise to the claim; provided, that if the cause of action is not discovered and could not reasonably have been discovered within the two-year period, then the action may be commenced within six months from the date of such discovery or the date of learning of facts that would reasonably lead to such discovery, whichever is earlier. Ala. Code § 6-5-482 (1993). Although this statute of limitations is subject to tolling for minority or disability, in no event may an action be brought more than four years after the act or omission, except that a minor who is under the age of four at the time of the act or omission accrues has until his eighth birthday to commence an action. Id. The constitutionality of the statute has been upheld. Barlow v. Humana, Inc., 495 So. 2d 1048 (Ala. 1986). Some counties can be a little bit more favorable with their judgments. You should contact your attorney of choice to discuss what options you have available in this regard. You should also be aware of the accusation of forum shopping should you go to a county that would be a stretch. If you need any assistance or a referral please do not hesitate to contact me.
Q. Is there a statute of limitations on fraud upon the court in probate?
A: In actions based on fraud that would otherwise be barred by the statute, the claim is not considered as having accrued until the aggrieved party discovers the fraud, after which he has two years in which to commence his action. [Ala. Code §6-2-3]
Q. Do i need a lawyer to get a liquor license in the state of alabama
A: Not necessarily. It really depends on what your total situation is. If you are just trying to get a license for a job or other reasons you should contact the district office that works the county where the retail establishment is located and they should be able to provide all of the necessary instructions. However, if it is a business venture you are starting I would tell you that you should consult a lawyer to discuss the risks involved and ways to mitigate them.
Q. Is there a statue of limitatios on credit card debt
A: Under Ala. Code §6-2-37, Actions for monies due under open or unliquidated account shall be brought three (3) years from date of last item on account or from when, by contract or usage, the account is due.
Q. Can spousal privlege not to testify be invoked even after a divorce? Which party can/does invoke the privlege; the defen
A: The general rule is that spousal privilege cannot be invoked after a divorce. The privilege does, however, generally survive the divorce; that is, a person can be prevented from testifying about confidential communications with an ex-spouse made during the marriage.Either spouse can invoke this privilege, either refusing to testify against their spouse or preventing their spouse from testifying. Finally, courts may require that the communication relate specifically to the marriage.