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Alabama Collections Questions & Answers
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
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... View 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
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
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
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
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... View More

Rafael Gil III
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
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.... View 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... View More

Rafael Gil III
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... View 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
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... View 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
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... View More

Peter N. Munsing
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... View 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
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
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... View 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
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... View More

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1 Answer | Asked in Collections for Alabama on
Q: I took out a loan and now I am unable to pay it back will I go to jail?
Christopher Kern
Christopher Kern
answered on Aug 14, 2015

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.

1 Answer | Asked in Collections for Alabama on
Q: if your spouse has credit card debt in their name only and they pass away,are you responsile for the balance?
Christopher Kern
Christopher Kern
answered on Aug 14, 2015

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.

1 Answer | Asked in Collections for Alabama on
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?
Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Jun 27, 2015

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... View More

1 Answer | Asked in Collections for Alabama on
Q: How do you file a lawsuit against a property who owes you money for work completed in Alabama.

We have a small painting Co. in Alabama we have a company that owes us over $13,000. How do I file a Lawsuit for debt owed?

Joseph A. Ingram
PREMIUM
Joseph A. Ingram
answered on May 13, 2015

I presume that you may be a subcontractor and do not have a contract. That is still ok because you can tsity and show pictures of the work performed. If the party has money or assets, i would file a lawsuit. the question is how much money is at issue?

If you would like to pursue it,...
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1 Answer | Asked in Collections for Alabama on
Q: What is the staute of limtations in for credit card debt in alabama is it 3,6, or 9 years?
Mr. Joshua Benjamin Key
Mr. Joshua Benjamin Key
answered on May 15, 2011

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.... View More

1 Answer | Asked in Collections for Alabama on
Q: Is there a statue of limitatios on credit card debt
Mr. Joshua Benjamin Key
Mr. Joshua Benjamin Key
answered on Apr 20, 2011

Under Ala. Code §6-2-37, Actions for monies due under open or unliquidated account shall be brought three (3) years from date of last

item on account or from when, by contract or usage, the account is due.

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