Al Writ

If the amount is more than $10,000 you will be in Circuit court. 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.

To start a garnishment of the debtor's assets, you need a writ of garnishment. To get a writ, you must prepare and sign an application in front of an officer authorized to administer oaths. Then you file an affidavit with the clerk of the court in which the judgment was entered.

In order to vacate a judgment in California, You must file a motion with the court asking the judge to vacate or set aside the judgment. Among other things, you must tell the judge why you did not respond to the lawsuit (this can be done by written declaration).

A simple way to collect a judgment is by deducting money out of the debtor's paycheck using a wage garnishment. The debtor must have a decent income because both the federal government and states cap the amount you can take, and certain types of income, like Social Security, are off-limits.

A judgment is a court order that is the decision in a lawsuit.In debt collection lawsuits, the judge may award the creditor or debt collector a judgment against you. You are likely to have a judgment entered against you for the amount claimed in the lawsuit if you: Ignore the lawsuit, or.

Under the Fair Debt Collection Practices Act (FDCPA), a bill collector may still contact you on a lapsed judgment and ask you to pay. However, a debt collector cannot threaten to garnish your wages or take other legal action to pressure you into settling that old judgment.

However, they will have to provide to the judgment debtor and his employer a statement every six months explaining the balance remaining on the judgment, including interest and costs. The new law also requires creditors to file a release of the garnishment within 21 days after the judgment has been paid in full.

You may be able to stop it by filing a claim of exemptions. This usually works if: You have bring home less than $1,000 per paycheck. For a form declaration of exemptions that you can fill in and file yourself, see the Motion to Stop Wage Garnishment (with Declaration and Claim of Exemption for Wages).

While states are free to impose stricter limits, Alabama has generally not done so. That means the federal law governs in Alabama. Under federal wage garnishment laws, creditors cannot take more than 25% of your disposable earnings, or any amount that exceeds 30 times minimum wage, whichever is the lesser amount.

Negotiate with your creditor One way to end your wage garnishment is to call your creditor and get them to agree to a repayment plan. Look at your budget and see what you can pay. Then can call your creditor and see if they will agree to a repayment plan that actually works for your budget.