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Alabama Report to Creditor by Collection Agency Regarding Judgment Against Debtor
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How to fill out Report To Creditor By Collection Agency Regarding Judgment Against Debtor?
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The Fair Debt Collection Practices Act (FDCPA) is the main federal law that governs debt collection practices. The FDCPA prohibits debt collection companies from using abusive, unfair, or deceptive practices to collect debts from you.
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.
Collection suits are generally based on breach of contract or stated account, both of which fall under the six (6) year statute of limitations provided in Alabama Code Section 6-2-34. Actions for open or unliquidated account must be brought within three years.
Credit Reporting However, debt collectors cannot report false information about your debt. If you dispute a debt in writing with a debt collector, that debt collector must tell any credit reporting company that it has reported your debt to that you dispute the debt.
If you owe state tax debt, the statute of limitation is 10 years. If you owe credit card or auto loan debt, the statute is 3-4 years. Medical debt and mortgage debt don't run out until 6 years later.
A collector cannot use threats of violence or harm, repeatedly call to annoy you, or lie or mislead you. Lies or misleading behavior include the suggestion that you have committed a crime, overstating the amount of your debt, or threatening to garnish your wages unless they already have a judgment against you.
The final rule also provides non-exhaustive lists of factors that may be used to rebut the presumption of compliance or of a violation." This is where we get our "7-in-7" concept. You can attempt to contact a consumer about 1 debt 7 times in 7 days. And it's the "1 debt" that's key here.
Alabama state law (AL Code § 6-2-37) says that debt collectors have 3 years to file a debt collection lawsuit on an open account, such as a credit card account. The clock starts ticking 3 years from the date of the last action on the account in question.