Judgement Lien On Bank Account In Montgomery
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FAQ
Once the lien has arisen, it will continue until the liability for the amount assessed is satisfied, released or becomes unenforceable by reason of lapse of time (i.e. 10 years from the date the lien is filed) (Code Sections 40-1-2, 40-29-20, and 49-29-21).
In Alabama, a judgment lien can be attached to the debtor's real estate -- meaning a house, condo, land, or similar kind of property interest -- or to the debtor's personal property -- things like jewelry, art, antiques, and other valuables.
Once the lien has arisen, it will continue until the liability for the amount assessed is satisfied, released or becomes unenforceable by reason of lapse of time (i.e. 10 years from the date the lien is filed) (Code Sections 40-1-2, 40-29-20, and 49-29-21).
How does a creditor go about getting a judgment lien in Alabama? To attach the lien, the creditor registers the judgment with the office of probate court in any Alabama county where the debtor owns property now or may own property in the future.
A judgment is valid for ten years. Ala. Code § 6-9-1. It may be revived after that, although there is a presumption the judgment has been satisfied.
Generally, to file a judgment lien, an abstract of judgment must be issued by the justice court. Some justice courts have a form available on their website to request an abstract of judgment.
This means that in Alabama, debts are generally the responsibility of the individual who incurred them, not their spouse. Since Alabama is not a community property state, you are typically not liable for your spouse's debts unless you co-signed or jointly held the debt.
Thus, if a creditor sues and obtains a judgment against one spouse, its only remedy is to collect against the individual property of the spouse against whom it has a judgment. However, tenancy by the entireties does not protect a married couple's property against their joint creditors.
