Alabama Disputed Open Account Settlement
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How to fill out Disputed Open Account Settlement?
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FAQ
Alabama imposes a 12-month limit for all misdemeanors and a three-year time limit for most felonies, although the most serious crimes have no statutory time limits whatsoever, including murder, counterfeiting, arson, or sex offenses with minors under 16.
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.
Debt collectors may not be able to sue you to collect on old (time-barred) debts, but they may still try to collect on those debts. In California, there is generally a four-year limit for filing a lawsuit to collect a debt based on a written agreement.
In Alabama, money judgements last up to 20 years (Ala. Code § 6-9-190). But judgments are generally only enforceable for 10 years (Ala. Code § 6-9-191), and then they're renewed for another 10 years if the judgment debtor still hasn't paid 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.
The statute of limitations for an open account is three years from the date of last item of the account, or from the time when, by contract or usage, the account is due.
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.
AL Specifics. In Alabama, creditors must present any claims within 6 months of the executor's appointment, or 5 months of the date of the first Notice to Creditor publication, whichever is later, and within 30 days of being individually notified of the death by the executor (see AL Code § 43-2-350).
