Asked in Bankruptcy for Alabama

Q: How long does a creditor have to go after a deficiency judgment in Alabama?

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2 Lawyer Answers
Kevin W. Chern Esq.
Kevin W. Chern Esq.
Answered
  • Bankruptcy Lawyer
  • Chicago, IL

A: It's not clear whether you're asking how long the lender has to file suit for a deficiency (assuming non-judicial foreclosure) or how long a judgment creditor has to collect on a judgment once it's been entered. The statute of limitations for most contract issues in Alabama is six years. Once a judgment has been entered, it typically survives for 20 years.

*Kevin Chern is Managing Partner of UpRight Law, a national law firm with licensed attorneys providing bankruptcy and consumer legal services in all 50 states. He is an Illinois licensed attorney with 21 years of federal consumer bankruptcy and consumer protection law experience. This response is for informational purposes only and is not intended to be legal advice. For legal advice, consult an attorney licensed in your state with the appropriate expertise.

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Kevin M Ryan
Kevin M Ryan
PREMIUM
Answered
  • Bankruptcy Lawyer
  • Loxley, AL
  • Licensed in Alabama

A: Another issue you may want to have looked into is whether the creditor actually obtained personal service on you before the case proceeded to a judgment. I can't even count the number of times I have discussed this issue with a client in connection with a bankruptcy case where one of their creditors filed a lawsuit and obtained a default judgment after a different party signed for the certified mail containing the summons and complaint, or the process server failed to return the correct paperwork ( or paperwork that was not fully completed or signed). These issues may be grounds to petition the court to vacate the judgment. You should discuss issues of this type with an attorney.

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