Alabama Collections Questions & Answers

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

1 Answer | Asked in Collections for Alabama on
Answered on Feb 20, 2019
Kevin M Ryan's answer
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

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

1 Answer | Asked in Collections for Alabama on
Answered on Sep 25, 2018
Kevin M Ryan's answer
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

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

1 Answer | Asked in Contracts, Civil Litigation and Collections for Alabama on
Answered on May 6, 2018
Kevin M Ryan's answer
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 losses and costs as damages.

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

1 Answer | Asked in Collections for Alabama on
Answered on Mar 2, 2018
Rafael Gil III's answer
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 that helps!

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

1 Answer | Asked in Divorce and Collections for Alabama on
Answered on Mar 2, 2018
Rafael Gil III's answer
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!!

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

1 Answer | Asked in Collections for Alabama on
Answered on Mar 2, 2018
Rafael Gil III's answer
No, you cannot marry into debt. Point being, your mother is NOT responsible for any debt that your father incurs in his own name.

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

1 Answer | Asked in Collections for Alabama on
Answered on Mar 2, 2018
Rafael Gil III's answer
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.

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.

1 Answer | Asked in Civil Litigation, Collections and Contracts for Alabama on
Answered on Mar 2, 2018
Rafael Gil III's answer
Yes, I would file charges against him.....it's called "theft by deception!" good luck....

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

1 Answer | Asked in Banking, Consumer Law, Collections and Elder Law for Alabama on
Answered on Mar 2, 2018
Rafael Gil III's answer
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.

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?

1 Answer | Asked in Civil Litigation and Collections for Alabama on
Answered on Mar 2, 2018
Rafael Gil III's answer
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 would be materialman's liens, etc.....

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

1 Answer | Asked in Collections for Alabama on
Answered on Mar 2, 2018
Rafael Gil III's answer
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 it!!! ;)

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.

1 Answer | Asked in Bankruptcy, Criminal Law, Divorce and Collections for Alabama on
Answered on Mar 2, 2018
Rafael Gil III's answer
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 recommend that you contact a bankruptcy attorney in your local area and see what he says. he will have to sit down with you take a look at the facts surrounding your divorce. If you are on social...

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

1 Answer | Asked in Contracts, Products Liability and Collections for Alabama on
Answered on Feb 27, 2018
Mr. James Parrish Coleman's answer
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.

Q: Do I actually have to pay this bill?

1 Answer | Asked in Consumer Law, Contracts, Car Accidents and Collections for Alabama on
Answered on Feb 20, 2018
Peter N. Munsing's answer
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 claims"

However right now to stop the meter running, see about paying off the thieves (don't call them names--for reasons I won't bore you with they have the upper hand) just because it will get...

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

1 Answer | Asked in Divorce and Collections for Alabama on
Answered on Feb 16, 2018
Mr. James Parrish Coleman's answer
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.

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

1 Answer | Asked in Contracts, Collections and Consumer Law for Alabama on
Answered on Sep 20, 2016
Peter N. Munsing's answer
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 claim, etc. I would suggest when you have all your facts contact a consumer attorney via www.naca.net

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

2 Answers | Asked in Collections for Alabama on
Answered on Sep 25, 2015
Robert Jason De Groot's answer
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 for the specific advice that you need. Did you realize that you did not ask a question?

Q: I took out a loan and now I am unable to pay it back will I go to jail?

1 Answer | Asked in Collections for Alabama on
Answered on Aug 14, 2015
Christopher Kern's answer
You can not be jailed for failure to pay a debt. The only exception is failing to pay a fine or contempt citation ordered by a judge. Technically, this is not failure to pay a debt, but disobeying a court order.

Q: if your spouse has credit card debt in their name only and they pass away,are you responsile for the balance?

1 Answer | Asked in Collections for Alabama on
Answered on Aug 14, 2015
Christopher Kern's answer
No, this is an obligation only of the deceased person. Note, however, that if the deceased had assets, the creditor may have the right to claim payment of the debt against the assets before the assets are distributed to heirs. You should get further advice in this regard.

Q: Iam unemployed and can't pay the loan back at this time. Less than 1,100.00 Can loan company take my personal property?

1 Answer | Asked in Collections for Alabama on
Answered on Jun 27, 2015
Mr. James Parrish Coleman's answer
The loan company can take any property in which they have a perfected security interest. They can also take any property which is subject to be seized after they sue you and take judgment against you. The fact that you are unemployed is not a defense to a lawsuit in which you are sued for not paying back your loans.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.