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Alabama Collections Questions & Answers

1 Answer | Asked in Collections for Alabama on

Q: Is it illegal for a debt collector to come to your house and peep through the blinds in the state of Alabama?

Kevin M Ryan answered on Aug 8, 2019

The Debt Collector is required to comply with both state and federal law in collecting the debt. They are not allowed to breach the peace, assault or abuse you in any way in their actions to collect the Debt. The critical factor on your end as the Debtor is to collect evidence of these types of... Read more »

2 Answers | Asked in Consumer Law and Collections for Alabama on

Q: How would the creditor take my income as a 1099 independent? Also is there anyway to stop them I assume filing bankrupt

Also you can only file for bankruptcy once per 7 years is this correct and how can they take my income as a 1099 independent? Is there another way to stop the creditor from taking my income other than bankruptcy?

Mr. James Parrish Coleman answered on Jul 11, 2019

A person who is a judgment creditor can garnish your wages or income. Remember, because they have a judgement against you -- the portion that they are able to garnish is theirs, not yours. If you have filed bankruptcy within 7 years you can't file again. They can also garnish your bank accounts... Read more »

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1 Answer | Asked in Consumer Law, Employment Law, Contracts and Collections for Alabama on

Q: My wages are being garnished by employment for old credit card debt. If I quit my job and work as a 1099 what can happen

This is in Alabama and the bank is capital one for one judgement for around $1,200 which is being garnished as a regular employee and I have another judgment for $2,000 something that can’t be garnished because I’m already being garnished I never went to court for this. If I was as a 1099 or... Read more »

Bruce Alexander Minnick answered on Jul 10, 2019

Changing your employment status from regular employee to 1099 independent contractor will NOT stop or prevent a judgment creditor from seizing part of your paycheck. In fact, changing status will INCREASE the amount of the paycheck--which should bring a smile to your judgment creditor's ugly face.

1 Answer | Asked in Collections for Alabama on

Q: I was served a process of garnishment today for a judgement that is dated 11/12/2008.

Kevin M Ryan answered on Feb 20, 2019

Alabama judgments are enforceable for ten years, and can be revived (renewed) before ten years are up, but they can only be enforced for 20 years. After 20 years, Alabama judgments become worthless

1 Answer | Asked in Collections for Alabama on

Q: Need to know how to handle a collection agency.

I got a phone call from someone who bought an old debt who says I closed a bank acct with an overdraft. They claim this was from an acct from 2008 but has been on my credit report so I should have taken care of it. They are saying it was from Wells Fargo in Mississippi. Wells Fargo wasn't in... Read more »

Kevin M Ryan answered on Sep 25, 2018

The Debt is most likely barred by Alabama's statute of limitations . Please see this article

published by Attorney Brent Yarborough : http://www.govcollect.org/files/Alabama_Collection_Law.pdf

1 Answer | Asked in Contracts, Civil Litigation and Collections for Alabama on

Q: What are the legal options in order to force a freelance client to pay me the money that they agree they owe?

I have a freelance client that agrees that she owes me $220. I wrote a set of articles for my client. They were supposed to be paid for within 30 days of submission date (Jan). After I wrote the articles she stopped answering my emails. I kept emailing her in December to get the best email address... Read more »

Kevin M Ryan answered on May 6, 2018

The fact summary sets out a “quantum meruit” claim, or “unjust enrichment.”

A written agreement and evidence of breach has a higher chance of success, but her email admission of the claim can be presented in small claims court, where you should file this case. Request all of your...
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1 Answer | Asked in Collections for Alabama on

Q: Can I do anything about a company calling me about a debt that is already written off.

I've asked them to stop calling me and they continue to do so they have told me they can't Sue me for this debt and it has already been written off. It is no longer on my credit report either.

Rafael Gil III answered on Mar 2, 2018

If the collections account is past the statute of limitations, it's non collectible. Next time they call tell them that pursuant to the Fair Debt Collections Practices Act, they cannot continue to contact you. This is the buzz word.....you say that and POOF!! They will stop calling you....hope... Read more »

1 Answer | Asked in Divorce and Collections for Alabama on

Q: What is ala law for interest on judgements since 1995?

The amount is 21152.50 as of June 1, 1995

Rafael Gil III answered on Mar 2, 2018

A judgment is only good for 10 years and can be renewed for another 10 years......maximum amount of time is 20 years. After that date, the judgment is deemed satisfied!!

1 Answer | Asked in Collections for Alabama on

Q: Can wife lose property that's only in her name if husband has outstanding debt?

My father has accumulated tons of debt over the past 2 years due to poor financial decisions, my mother owns property which is in her name only, she's terrified that she will lose it if my fathers debt collectors decide that they want their money, is it possible for her to lose it?

Rafael Gil III answered on Mar 2, 2018

No, you cannot marry into debt. Point being, your mother is NOT responsible for any debt that your father incurs in his own name.

1 Answer | Asked in Collections for Alabama on

Q: I paid plaintiff in full one day before court. Do I need to come to my court date

Rafael Gil III answered on Mar 2, 2018

I would. You do not want the plaintiff going to court and misrepresenting to the court any of the facts. You want them to announce that the case is dismissed WITH prejudice.

1 Answer | Asked in Civil Litigation, Collections and Contracts for Alabama on

Q: I paid someone $3,000.00 for a mobile home. There was a signed contract, but he didn't deliver it or refund the money.

He gave me the option of either continuing to wait on him or receive a full refund

I asked him for a refund and he assured me that he would refund me the money. I have not received the refund yet. Can I file a police report?

Rafael Gil III answered on Mar 2, 2018

Yes, I would file charges against him.....it's called "theft by deception!" good luck....

1 Answer | Asked in Banking, Consumer Law, Collections and Elder Law for Alabama on

Q: How can I get copies of a bank judgement and all supporting documentation?

I recently received notice from a local bank that they have an old judgement against me and my late husband but I do not believe that I owe it and do not recall signing the papers. I have repeatedly requested all documentation supporting the balance and judgement. But they simply ignore me and... Read more »

Rafael Gil III answered on Mar 2, 2018

I would go by the county courthouse in the county that you live or in the county where that bank is located (where you signed the loan/contract) and they can look up the case and whether or not there is a judgment on the case.

1 Answer | Asked in Civil Litigation and Collections for Alabama on

Q: i jointly own rental property in AL with my x-wife. We live in FL. Can a creditor attach a lien in AL for money I owe?

Property in AL titled survivorship warranty deed fee simple.

Rafael Gil III answered on Mar 2, 2018

Yes, if you owe money to a creditor AND they obtain a judgment they can place it on any and all property you own in your name....this is regardless of whether or not you own it jointly with someone else! If they do not have a judgment, they can't arbitrarily place a lien on the land. Exceptions... Read more »

1 Answer | Asked in Collections for Alabama on

Q: Can a debtor make a writ of garnishment null and void if that person was not "warned" in writing that one was coming?

I have a money judgment against my ex daughter-in-law. She told my son that she will nullify the writ of garnishment because I, as the creditor, did not send her proper notification. I have not contacted her because she takes it out on my son by reducing the time he has with my grandson. It is... Read more »

Rafael Gil III answered on Mar 2, 2018

No, she cannot. As long as you have a writ of garnishment, you can levy her bank accounts and/or garnish her wages. Notice is not required. Just serve her employer or bank. Notice would make it impossible to execute the writ.....they would simply empty out the bank account before you levied... Read more »

1 Answer | Asked in Bankruptcy, Criminal Law, Divorce and Collections for Alabama on

Q: I have a court order that I have to pay mortgage payments in martial home till it sale. But I can't afford to pay it.

It's solely in my ex wife's name but I am ordered to pay mortgage. I am on disability and can't afford to pay the martial home mortgage and my current mortgage. Can I file bankruptcy on a order? This order puts me over budget per month around 1000$.

Rafael Gil III answered on Mar 2, 2018

This is a complex case with many factors. This debt may or may not be in the nature of a domestic support obligation. Generally, DSO are not dischargeable in a bankruptcy. There are factors that will determine it like how the income between you and your ex, children together, etc. I would... Read more »

1 Answer | Asked in Contracts, Products Liability and Collections for Alabama on

Q: If you have a vehicle repoed and you still owe after it is sold, can they garnish Social Security or Retirement wages?

Mr. James Parrish Coleman answered on Feb 27, 2018

Your social security benefits can't be garnished for a commercial debt. They can be garnished for student loans, alimony and child support. Your retirement -- that is not social security -- can be garnished.

1 Answer | Asked in Consumer Law, Contracts, Car Accidents and Collections for Alabama on

Q: Do I actually have to pay this bill?

Lets start from the beginning. My best friend was driving a motorcycle that was in my name. A guy ran a red light while he was turning and the bike was totaled. Now the towing company that fetched the wrecked bike is now informing me that they will charge me roughly 1000 dollars in cash in order to... Read more »

Peter N. Munsing answered on Feb 20, 2018

Towing is a racket. Find out what they are charging you for. See if your motorcycle insurance will pay it. Send the bill to the guy who ran the red's insurance. They don't pay, contact a member of the Ala Assn for Justice--they give free consults. Look for one who handles "bad faith insurance... Read more »

1 Answer | Asked in Divorce and Collections for Alabama on

Q: Ex told judge he can't afford to pay me. how do I force the agreed payments

Filed contempt. He says can't pay. Judge said I would have to prove his ability to pay.

Mr. James Parrish Coleman answered on Feb 16, 2018

Yes. A person may not be held in contempt of court for not paying when he has no ability to pay. You have to show that he has the ability to pay, but simply will not pay.

1 Answer | Asked in Contracts, Collections and Consumer Law for Alabama on

Q: I supposedly took out a $900.00 payday loan from Plain Green around March 2012. Has the statue of limitation not expired

They told me I now owe them $4,132, but would settle for $1,505.00. If it turns out I owe them, is it in my best interest to do the settlement or take my chances in court?

Peter N. Munsing answered on Sep 20, 2016

Did you or did you not?Ask for the paperwork. You'd remember if you went to the office of those people. There are now regulations on that so check with the consumer division of the banking department. Your chances in court depend on what the paperwork shows, or doesn't, what rate of interest they... Read more »

2 Answers | Asked in Collections for Alabama on

Q: I have been threaten to have criminal charges presses against me if I do not surrender my vehicle is this true

I have payed over 5500 dollars on it and they still defaulted won't give me a chance to pay and everything that was said to be added on to my car was actually charged like a 5000 dollar warranty that came after the fact and this is on a car over 10 years old it don't make since

Robert Jason De Groot answered on Sep 25, 2015

Is there a contract between the parties? You would have to read the contract. Was this from a buy here/pay here place? How was the car financed? They probably cannot threaten to bring criminal charges against you, perhaps without violating the law themselves. Just go see a local attorney about this... Read more »

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