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Mr. Joshua Benjamin Key

  • Business Law, Elder Law, Estate Planning ...
  • Alabama
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Summary

Do 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.

Practice Areas
  • Business Law
  • Elder Law
  • Estate Planning
  • Nursing Home Abuse
  • Probate
  • Social Security Disability
  • Tax Law
Fees
  • Free Consultation
  • Credit Cards Accepted
  • Contingent Fees
  • 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
Alabama
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Languages
  • English: Spoken, Written
Professional Experience
In-House Legal Counsel
Regional Paramedical Services, Inc.
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Education
University of Missouri - Kansas City
J.D.
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University of Missouri - Kansas City
MBA
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Avila College
B.S. | Business Administration
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Professional Associations
Alabama State Bar
Member
Current
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Walker County Bar Assocation
Member
Current
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United States District Court- Northern District of Alabama
Member
Current
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American Bar Association
Member
Current
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National Academy of Elder Law Attorneys
Member
Current
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Alabama Association for Justice
Member
Current
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Websites & Blogs
Website
Website
Legal Answers
14 Questions Answered

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.
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Contact & Map
The Law Offices of Joshua Key
4000 Eagle Point Corporate Drive
Birmingham, AL 35242
Telephone: (205) 265-3015