Alabama Recent Legal Answers from Lawyers

No, you are not liable for the accounts, based on your fact scenario.  Even if you were still married, your spouse cannot open accounts in your name.  I suggest you send written disputes to all three credit reporting agencies (Experian, Equifax & TransUnion) demanding they delete the accounts and stating that you are a victim of fraud and identity theft.  It wouldn't hurt to also send a letter to each of the companies an account was opened (i.e. - Cap One, Target, Amazon, etc...).  The timing of your divorce doesn't matter.  Your spouse may not open accounts in your name.  ... Read More

The certificate of release for a federal tax lien should list the tax year(s) that were released. This document means that the balances for those years were resolved, either due to you satisfying the lien via payment, or due to the statute of limitations for collection expiring. Although the lien is released, it will remain on your credit history as a negative item unless you apply to have the lien withdrawn.... Read More

This would depend on the nature of your offense. Generally speaking, if you are on probation, then that probation term is in lieu of any sentence that you would serve. If you fail to complete your probation, then the underlying sentence could be reinstated. As such, the time that you would serve (if any) for failing to meet the terms of your probation depends on what your sentence was.... Read More

You should be able to seek divorce in the United States even though your marriage occurred overseas. You would either need your husband's permission or a court order to take the children outside the United States. You will need to speak to a family law attorney in the area where you live to discuss divorce and child custody matters. You may be able to self-petition for a green card. Under United States immigration law a spouse of a United States citizen can petition for a green card if he/she has been subjected to battery or extreme cruelty. There is not enough information to assess your eligibility but it is something for you to consider. You can read more about immigration benefits under VAWA at http://myattorneyusa.com/eb4-visa-category-special-immigrants.... Read More

Your husband can apply for a visitor visa. He initiates the process by submitting Form DS-160. It will be extremely difficult for your husband to obtain a visitor visa given he is married to a United Stares citizen. He will be suspected of immigrant intent. He needs to be able to show strong ties to his country to have any chance. Even though your husband has no immediate plans to relocate, you may want to consider the green card process especially if the tourist visa is not approved. You can read more about visitor visas at http://myattorneyusa.com/travel-visas.... Read More

Your husband must first become a lawful permanent resident. There is no direct path to citizenship. After he been a citizen for three or five years (depends upon applicable law), he can seek naturalization. To become a lawful permanent resident, you will need to file an immigrant visa petition on his behalf. The process buying that will vary depending upon his immigration history and criminal history, if any. One of the most important questions that needs to be answered is how did your husband enter the country. You can read more about family immigration at http://myattorneyusa.com/family-immigration.... Read More

You appear to have a claim to self-petition under VAWA. To do so, you will need to establish you married your spouse in good faith and that you were battered or subjected to extreme cruelty throughout the marriage. You may file for divorce but it may be best to focus on a VAWA claim before divorce. Questions about divorce should be directed to a family/matrimonial lawyer licensed in the state where you live. If you cannot afford an attorney, you should speak to someone at the shelter where you stayed, they may be able to provide contact information for a pro bono organization that can help. You may also want to talk to a few attorneys as many allow installment payments for fees. You can read more about VAWA at http://myattorneyusa.com/violence-against-women-act.... Read More

As long as your case has been discharged and closed, you should be able to sell the house.  Even though you didn't sign a reaffirmation agreement, since there has not been a foreclosure sale you still own the house, thus, you can sell it.  I don't see a problem with you doing what you want to do, based on your fact scenario.  ... Read More

It will likely be difficult for your boyfriend to obtain any visa other than a fiancé visa or immigrant visa. It is difficult to obtain nonimmigrant visas from the consulate in Ghana. You potentially have two options. The first would be a fiancé visa petition. One requirement is that you have met in person during the past two years. There is a limited exception of you cannot meet due to hardship or cultural/religious reasons. An exception is extremely difficult to obtain. The other option would be to marry and petition for him as your husband. Once you have married, you can file an immigrant visa petition on his behalf. You will need to establish was entered in good faith.   Each option requires you to follow a specific procedure and provide evidence regarding the relationship. One is not necessarily easier than the other. It is typically a matter of preference and eligibility.  You can read more about family immigration at http://myattorneyusa.com/family-immigration.... Read More

I'm not sure what your question is, but here are a few thoughts:  Was the car insured at the time of the wreck?  If so,  why were you sued?  For there to be a garnishment, there must have been a lawsuit...when & where was the lawsuit filed?  Who is the collection agency?  What are you trying to accomplish...stop the garnishment, figure out the balance, or something else?... Read More

Who is the creditor?  How was the payment of the $7,500 made to the creditor?  At the time you made the payment, did the creditor give you any indication that more was owed on the account?  Were you given the title to the vehicle?  Has the creditor given you an itemized bill stating all the fees charged?  How long after you made the payment was it before you were told more was owed on the account?... Read More

It's possible that even though you filed Chapter 7 Bankruptcy in 2011, the foreclosure sale was not until 2015.  You might want to check with the mortgage company or with the probate court to determine the foreclosure sale date.  If your credit report is inaccurate, you will want to dispute the account/item on your credit report, preferably in writing.  ... Read More

If he did not petition for you to become a U.S. permanent resident (green card) then you are out of status and subject to removal. You are far from obtaining citizenship. I would suggest divorce. I would urge you to consult with and hire an immigration lawyer to assist you with this case. Not because I think you’re not capable of handling it, you may will be, but in order for the lawyer to debrief and brief you, analyze, assess and evaluate your case in order to maximize the possibilities for a successful result.  ... Read More

If you entered the USA illegally you are required to visa process at U.S. consulate Ciudad Juarez. I would urge you to consult with and hire an immigration lawyer to assist you with this case. I don't think you’re capable of handling these matters. Your immigration attorney will be able to debrief and brief you, analyze, assess and evaluate your case in order to maximize the possibilities for a successful result.  ... Read More

Here's a short guide on some items you'll want to bring to your 1st meeting with your bankruptcy attorney. This is not an exhaustive list of every document you may need to provide, but it's a good start. Some attorneys may request you bring more (or less) documents to your 1st meeting. Your Debts Obviously, if you're considering bankruptcy, you want to make sure you list ALL debts. It's helpful to write down the name of every creditor and the approximate balance owed. Get one sheet of paper (or an email)...list the names of all your creditors and the amounts owed; that's all. More detailed information will come from the next items. It's very helpful to bring any and all statements from creditors and debt collectors, including collection letters, and any other paperwork with information about your debts. This may also include lawsuits and garnishments. This is where we get more details about the debts, including creditor addresses and account numbers. Finally, it's always good to bring recent copies of your credit reports, preferably one from each major credit reporting agency (Equifax, Experian & TransUnion). The credit reports act as a good "cross-reference" to make sure you've listed all your creditors. I recommend my clients get their credit reports from www.AnnualCreditReport.com. Your Income (and that of your spouse) Your income is a very important factor in whether you qualify for bankruptcy. Your bankruptcy attorney will need to know, not only how much income you are currently making, but also how much you have made over the last six month. A good start is to bring your last 8 weeks of paychecks, but it's possible you may need to supply pay records for the last six months. If you're self-employed, you will need to be able to tell your bankruptcy lawyer how much you've made over the last six months, and likely provide bank statements. Eventually, you may need to supply your attorney with your last two years of tax returns, but I don't require my clients to bring this to their first appointment. If you are married and living with your spouse, you will need to provide a recent paycheck (possibly up to six months worth) for your spouse, even if they are not filing. Your Expenses (Budget) This one is easy. Simply list the bills you pay each month...house, car, utilities, food, insurance, day-care, gas, school, child-support, etc... Be sure to list everything; don't leave any expense out. Your bankruptcy attorney needs an accurate picture of your expenses. Conclusion This guide is meant to be a "good start" on getting information together for your bankruptcy attorney, and is not meant to be completely exhaustive of everything you may need to eventually provide.... Read More

According to your question, it appears the collection attorney is aware the debt has been paid.  If the collection attorney refuses to dismiss the case, you will need to show up at Court with your proof of payment and show it to the Judge.  Hopefully, the Judge will agree to dismiss the case without requiring you to pay the Court costs.  For future reference, once you've been sued, or a creditor is represented by an attorney, you should communicate with the attorney and not with the creditor directly.  ... Read More

Installment loans can be paid through a Chapter 13 case.  If the loan is a "short-term" loan (5 years or less), then the loan is typically paid through the Chapter 13 case.  If the loan is a "long-term" loan (i.e.- mortgage) then the loan is paid outside (separate from) the Chapter 13 case. How much the payment will be is determined by how much you owe, whether the loan is secured or unsecured, and - to an extent - how much you can pay.  ... Read More

No, you will NOT be arrested for a payday from 2008.  It is very common for payday loans to be sold to debt collectors who will use almost any tactic necessary to collect the debt, including threatening arrest or litigation.  In Alabama, you will NOT be arrested for not paying a payday loan.  If the loan was originated in 2008, it's likely the statute of limitations has passed and they cannot sue you.  The person/debt collector calling you may not even legally own the debt or have a right to collect it.  ... Read More