answered on Feb 5, 2023
You have a number of options. These options include, consult with a Bankruptcy to see, not only if you qualify, but if it makes sense in your financial condition and future. Protect your assets by having assets in non-collectible, accounts or assets. File claims for exemption.
The first... Read more »
account is delinquent and cannot pay the minimum so I am paying below minimum amount.
answered on Nov 30, 2022
Yes. A minimum payment means that's the least amount you are expected to pay so that legal consequences do not befall you. Otherwise, debtors could pay whatever they liked each month - a penny? a dollar? - on a loan of any amount and the creditor would be helpless to enforce the loan. The... Read more »
As far as exclusions, it states your consumer report does not include a report containing information solely as to transactions or experiences between the consumer and the person making the report; does that mean that late payments on your credit report are illegal?
answered on Mar 15, 2022
The income tax refund intercept program helps the State of Alabama recover funds from individuals who have not paid debts owed to the State. In 1981, the Alabama Legislature passed an Act that authorized the Department of Revenue to intercept refunds from individuals owing balance to certain State... Read more »
We have a shared checking account. In Alabama. No will, no real-estate, no investments, nothing at all but a joint checking account. No joint accounts nothing has my name on it. After the death of the other person on the checking account can any debt be collected from the checking account?
answered on Oct 7, 2021
If a creditor gets a judgment against one of the account holders, then it can be collected from any account which he has an interest in regardless of other owners. A few creditors like the IRS can levy without a judgment.
7 years ago in Alabama I bought a car through the dealership and they sold the loan to AlabamaTelco Credit Union. AlabamaTelco is now Avadian Credit Union. I never stepped foot in the credit Union and was never a member. I lost my job and returned the car to Avadian. Now almost 6 years later... Read more »
answered on Aug 9, 2021
General statute of limitations for debt collection actions on a contract is six (6) years. If it is a credit card or open line of credit then it is potentially three (3) years. It seems likely that your loan would be a six year statute. Now because your loan has been transferred between different... Read more »
I filed a dispute for 7000$ with Al Vantage along with a police report and a warrant was issued on the person who fraudulently used my debit number. Most of which was used western union where identification had to b shown. Al Vantage claims they did investigation and determined no fraud.. I... Read more »
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answered on Feb 10, 2021
You may have a claim under the Fair Credit Reporting Act and the Fair Debt Collection Practices Act ( F.D.C.P.A.) You should gather up all of the documents, correspondence and any other evidence you have concerning this transaction. A lawyer will need to determine if there is enough evidence to... Read more »
I am trying to sell my home and my title came back that there is a judgment against me that was filed a year ago. I have never been contacted about this and I have always paid my bills in full, on time. How can they do this without notifying me and how do I fight back? How do I find out who is... Read more »
answered on Nov 7, 2020
An Alabama attorney could advise best, but your question remains open for two weeks. As a general matter, depending on state codes of civil procedure for service of process, one possibility is that the creditor could have told the court that they satisfied requirements for proper service and was... Read more »
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answered on Jan 15, 2020
After a reasonable attempt to locate you for personal services of the Summons and Complaint, and after filing an Affidavit with the Court verifying that you are not deployed on United States Military Service, the creditor can file a Motion with the Court for permission / authorization to... Read more »
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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 »
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?
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... Read more »
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 »
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.
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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
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... Read more »
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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
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 »
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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... Read more »
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.
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... Read more »
The amount is 21152.50 as of June 1, 1995
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!!
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?
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.
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.
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?
answered on Mar 2, 2018
Yes, I would file charges against him.....it's called "theft by deception!" good luck....
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