Judgment Against Property For Debt In Montgomery
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FAQ
In Alabama, a creditor can place a judgment lien on your real property (or your personal property or vehicle) in order to collect the judgment, and it will remain attached to your real property for 10 years, even if you sell the property.
An abstract of judgment is a summary of a judgment that states how much is owed for the debt, including attorneys fees and interest. The abstract of judgment is necessary in order for an unsecured creditor to record a lien against real property in California.
Once a court judgment is entered against you, creditors can access powerful debt collection tools they weren't previously able to use, like wage garnishment. In many cases, this means they can begin collection efforts right away. This could include garnishing your wages, freezing your bank account, or seizing property.
While credit card companies technically have the ability to pursue your home for unpaid debt, it's rare. A debt collector must go to court and get a judgment before it can place a lien on your home. There are limits and exemptions to how much of your home's equity a debt collector can claim.
Debt collectors have 6 years to file a judgment for an unsealed written contract. The clock starts ticking from the day you first defaulted on a payment. Meanwhile, the statute of limitations for sealed written contracts is much longer – it's 10 years from the date you defaulted on payments.
In Alabama, a judgment becomes a judgment lien when a certificate of judgment is recorded with the probate judge for the county where the judgment debtor's property is located. You get a certificate of judgment from the clerk of the court that issued your judgment.
In a Nutshell This court order allows them to collect on the debt by seizing your real or personal property (or putting a lien on it), garnishing your wages, or levying your bank account. Personal property includes everything from household goods to vehicles. Real property includes things like your home or land.
Ask the Clerk for a small claim statement form, and be prepared to provide the following information to complete the form: The Plaintiff's complete name and address. The Defendant's complete name and address, of each person or business the Plaintiff's claim is. The amount of the Plaintiff's claim;
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.
Ask the Clerk for a small claim statement form, and be prepared to provide the following information to complete the form: The Plaintiff's complete name and address. The Defendant's complete name and address, of each person or business the Plaintiff's claim is. The amount of the Plaintiff's claim;
