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My bank received a notice to file exemption. Employment was served to my bank to check my job status there. They started on April and I wasn't served until dev 2022. Way past time to file. Called all courts in state of Alabama. Nothing found. Lein was out on house the. Taken off. Not sure if... View More 
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answered on Jun 17, 2024
I'm sorry to hear about the difficult situation you're facing with the garnishment of your federal benefits and the lack of notice. It sounds like a very stressful and confusing ordeal.
A few key points based on the information you provided:
- If your federal benefits are... View More
I have two separate units with Red Dot Storage. The units were rented several weeks apart. One unit is past due, but the other is current. I went to get some things out of the unit that is current but when I entered my gate code, it denied me access. The gate code was given to me by Red Dot when... View More
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answered on Jan 19, 2024
In Alabama, the specific terms of your storage facility contract with Red Dot Storage will dictate the rights and obligations of both parties. Generally, storage facilities have the right to impose certain access restrictions if there are outstanding payments or if the rent for any of the units is... View More
My wife passed in August 2023. She had one personal loan and two credit cards in her name only.
answered on Jan 5, 2024
This question opens other questions. The first people to call the survivors after someone dies are often credit cards servicers, who are actually the last priority for an estate administrator to pay. The highest priorities are court costs, taxes, funeral expenses, legal fees, and then secured... View More
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answered on Nov 17, 2023
If your car is not at the specified address on the day it is scheduled to be towed, the towing company may attempt to locate the vehicle at a different location, especially if the towing is related to a legal or financial matter, like repossession. However, this depends on the reason for towing and... View More
answered on Dec 13, 2023
Possibly. We would need additional information to give you an answer. Most of us offer a free consultation and are happy to answer questions over the phone.
The debt collector continues to call my job after I have asked them multiple times to stop. According to the Fair Credit Act, this is against the law.
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answered on Sep 15, 2023
Start by documenting all interactions with the debt collector, including dates, times, and content of calls or messages. Request written communication with the collector, as allowed by the Fair Debt Collection Practices Act (FDCPA), and send a cease and desist letter if necessary.
You can... View More
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... View 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?
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... View More
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... View 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?
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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... View 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... View 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... View More
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... View 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... View 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... View More
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... View More
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... View 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... View 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... View 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.
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... View More
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
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