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Alabama Collections

Overview.

The two (2) most common ways that we collect debts are:

  • Wage Garnishment
    • After a judgment has been obtained we can file what is called a Process of Garnishment. This Garnishment will reflect the amount of the judgment plus any extra cost and interest. The garnishment is sent to the employer of the debtor and it instructs the employer to deduct a certain portion of the debtor's wages each pay period and send the money to the creditor. Alabama allows for garnishment of up to twenty-five percent (25%) of the debtor’s wages. The garnishment will stay in place until the debt has been satisfied.
  • Liens
    • A lien is basically a claim on a piece of property owned by the debtor. A lien is obtained by filing a copy of the judgment with the probate court in the county where the property is located. Once a lien has been obtained the owner of the property will not be able to sell or refinance their home or property without paying the creditor out of the proceeds.

Statute of Limitations

Alabama has a statute of limitations on the filing of claims. The statue of limitations is essentially a time bar from filing a claim. If you do not file a claim within the statute of limitations for that particular claim then you are barred from filing the claim. If fraud is involved then it is possible to file beyond the statute of limitations. Our experienced attorney’s will consult with you to see if your claim falls within this category. The statute of limitations in Alabama is as follows:

  • Ten Years
    • Actions founded upon any contract or writing under seal.
    • Actions for the recovery of lands, tenements or hereditaments, or the possession thereof.
  • Six Years
    • Written Contracts
    • Oral Contracts
  • Three Years
    • Open accounts (credit cards)
  • Two Years
    • Dishonored Checks

 


 

Contact the Beard Law Group, PC. Consultations are completely confidential and provided free of charge for legal issues other than family law. To learn more, call us today at (205) 408-0006 or complete the brief form located on the contact us page. Someone will contact you to discuss your matter further.