Alabama Debt Relief: Debt Collection Laws and Settlement Options | Debt Strategists (2024)

Alabama is a great place to live, but it has its share of debt problems like most states.

The average Alabamian owes $5,170 in auto and credit card debt. 18th highest per capita ratio across America!

This information comes from Lending Tree’s analysis of Federal Reserve Data which shows us that people living here struggle financially more than most.

If you are struggling with debt, you may be wondering what your best options are for relief. Alabama has specific laws regarding debt settlement, and many private companies offer settlement services.

Alabama Debt Relief: Debt Collection Laws and Settlement Options | Debt Strategists (1)

This blog post will discuss Alabama’s debt relief laws and the different settlement opportunities available to Alabama residents.

Debt collection in Alabama

Debt collection is the process of pursuing payments of debts owed by individuals or businesses. In Alabama, debt collection is regulated by the Alabama Fair Debt Collection Practices Act. The Act prohibits debt collectors from using abusive, unfair, or deceptive practices when collecting debts.

For example, debt collectors may not threaten to use violence or harm the debtor. They also may not publish the debtor’s name on a list of people who have not paid their debts. In addition, debt collectors are prohibited from contacting the debtor’s friends, family, or employer in an attempt to collect the debt.

If a debt collector in Alabama contacts you, you have the right to request that the debt collector cease contact with you.

You also have the right to dispute the debt. If you believe that a debt collector has violated the Alabama Fair Debt Collection Practices Act, you may file a complaint with the Alabama Attorney General’s Office.

Some of the key provisions of the debt collection laws in Alabama include:

  • Debt collectors are not allowed to use threatening or obscene language when communicating with debtors.
  • Debt collectors are not allowed to make repeated phone calls or contact debtors at unreasonable hours.
  • Debt collectors cannot disclose the debtor’s personal information to third parties without the debtor’s consent.
  • Debt collectors must send written notice to debtors advising them of their rights under the law.

Understanding Alabama’s statute of limitations Debt Collection

Alabama’s statute of limitations on debt collection is six years. If you do not make a payment on your debt within six years of the last payment date, the debt collector can no longer take legal action against you to collect the debt.

However, this does not mean that your debt will be forgiven.

The statute of limitations only applies to the legal process of collecting a debt, not to the actual debt itself. This is an important distinction to understand, as many people believe that the statute of limitations absolves them of their debt entirely.

If you have unpaid debts that are more than six years old, you may still receive calls and letters from debt collectors.

However, they can no longer take legal action against you.

What is the statute of limitations on debt in Alabama?

Mortgage debt six years
Medical Debt six years
Credit card debt three years
Auto loan debt four years
State tax debt ten years

5 Ways to Pay off Your Debt in Alabama

Alabama residents who are struggling with debt have several options available to them. Here are five ways to pay off your Debt in Alabama:

1. Consolidate your Debt

Debt consolidation is when someone takes out a new loan to pay off multiple existing debts. This can be an effective way to manage debt, as it can potentially lower the interest rate and make payments more manageable.

However, there are several things to consider before consolidating debt, such as the total amount of debt, the interest rate on the new loan, and the terms of repayment.

Debt consolidation can be a helpful tool for managing debt, but it is essential to do your research and understand the pros and cons before taking out a new loan.

Alabama Debt Relief: Debt Collection Laws and Settlement Options | Debt Strategists (2)

2. Refinancing

refinancing your existing home or car loan can be a great way to save money on interest payments. When you refinance, you take out a new loan with more favorable terms than your current loan.

This can help you save money on interest payments and pay off your debt more quickly. Refinancing is also an excellent way to consolidate multiple debts into one monthly payment.

If you have multiple loans with high-interest rates, refinancing can help you save money and simplify your finances. Before refinancing, it’s essential to compare offers from various lenders to make sure you’re getting the best deal possible.

3. Use a balance transfer card

A balance transfer card can be an excellent tool to help manage debt. You can save money on interest payments by transferring the balance of an existing loan or credit card to a balance transfer card with a lower interest rate.

In addition, by making regular payments on the balance transfer card, you can pay down the principal balance more quickly.

As a result, balance transfer cards can help you get out of debt faster and save money in the long run. When choosing a balance transfer card, it is important to compare interest rates and fees.

Some cards charge a balance transfer fee, negating the savings from a lower interest rate. In addition, some cards have introductory rates that revert to a higher rate after a certain period of time.

4.Filing for bankruptcy

If you’re considering bankruptcy in Alabama, it’s essential to understand the bankruptcy process and what options are available.

Bankruptcy can be a complex and daunting process, but it can be an effective way to get a fresh start with the proper guidance. Two types of bankruptcy are available in Alabama: Chapter 7 and Chapter 13.

Each type of bankruptcy has its eligibility requirements and benefits, so it’s essential to choose the right one for your situation. bankruptcy can be a difficult decision. Still, it may be the best option if you’re struggling to make ends meet.

5. Alabama debt relief or debt settlement

Debt relief or debt settlement companies offer various services to help consumers get out of debt. The most common type of debt relief is debt settlement, which involves negotiating with creditors to lower the debt owed.

Debt relief companies may also offer other services such as consolidation, counseling, and education. While debt relief companies can provide much-needed assistance, it is crucial to choose a reputable company that will work in your best interest.

Be sure to research any debt relief company you are considering before deciding.

3 Trusted Debt-Relief Companies in Alabama

Individuals and families may struggle with personal debt, but Alabama has resources to assist them.

There arenational debt relief optionsas well, including, but not limited to the following:

  • National Debt Reliefcan help you with credit counseling, debt consolidation, and debt settlement and help negotiate settlements with creditors and collection accounts. It typically charges 20% to 25% of your monthly payment once it settles.
  • CuraDebt is a debt settlement company that assists individuals and small enterprises with IRS and state tax settlements. It usually charges a 20% fee on your monthly payment when it completes a settlement.
  • Freedom Debt Relief offers various services, including debt consolidation, debt settlement, and credit counseling. The company also provides a money-back guarantee if you are not satisfied with their service. Freedom Debt Relief is accredited by the Better Business Bureau and has an A+ rating.

Finally

If you’re struggling to pay off your debt, don’t worry. You’re not alone. Tens of thousands of Alabamians are in the same boat. But there is hope.

There are several ways to get out of debt and start living a life free from financial stress. We’ve outlined five of them here, but if you want more personalized advice or explore other options, call now to speak with a debt advisor who can help get you back on track financially.

Alabama Debt Relief: Debt Collection Laws and Settlement Options | Debt Strategists (2024)

FAQs

What is the debt collection law in Alabama? ›

If you dispute the debt in writing within 30 days of your receiving notice of the right to dispute, the collection agency must investigate. It must stop collection efforts while it investigates. If the account is an open-end account, like a credit card, you can dispute a charge within 60 days of receiving the bill.

What are three things debt collectors are prohibited from doing? ›

Even if you owe money, debt collectors aren't allowed to threaten, harass, or publicly shame you. You have the right to order a debt collector to stop contacting you, and they must comply. If there's a mistake, and you really don't owe the debt, you can take steps to remedy the error.

How long can a debt collector legally pursue old debt in Alabama? ›

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.

What are the illegal tactics of debt collectors? ›

use or threaten to use violence or other criminal means to harm you, another person, or your or another person's reputation or property. use obscene, profane, or abusive language. publish your name as a person who doesn't pay bills (child support collection agencies are exempt from this restriction in some states)

Can debt collectors force you to pay? ›

Yes, but the collector must first sue you to get a court order — called a garnishment — that says it can take money from your paycheck to pay your debts. A collector also can get a court order to take money from your bank account. Don't ignore a lawsuit, or you might lose the chance to fight a court order.

What is the Alabama Code 6 9 192? ›

Civil Practice § 6-9-192. No execution shall issue on a judgment of the district or circuit court on which an execution has not been sued out within 10 years of its entry until the same has been revived by appropriate motion or action under the Alabama Rules of Civil Procedure.

What's the worst a debt collector can do? ›

Debt collectors are limited on when they can call you — typically, between 8 a.m. and 9 p.m. They are not allowed to call you at work. They can't lie or harass you. Debt collectors can't make you pay more than you owe or threaten you with arrest, jail time, property liens or wage garnishment if you don't pay.

What is the 11 word phrase to stop debt collectors? ›

Use this 11-word phrase to stop debt collectors: “Please cease and desist all calls and contact with me immediately.” You can use this phrase over the phone, in an email or letter, or both.

What should you not say to debt collectors? ›

You never want to give the debt collector personal information about your finances and assets, such as your Social Security number, your bank account number unless making a payment, your income, or the value of your assets.

Can a debt collector restart the clock on my old debt? ›

Keep in mind that making a partial payment or acknowledging you owe an old debt, even after the statute of limitations expired, may restart the time period. It may also be affected by terms in the contract with the creditor or if you moved to a state where the laws differ.

Does disputing a debt restart the statute of limitations? ›

Does disputing a debt restart the clock? Disputing the debt doesn't restart the clock unless you admit that the debt is yours. You can get a validation letter to dispute the debt to prove that the debt is either not yours or is time-barred.

What happens if you never pay collections? ›

Firstly, your credit score will likely be negatively impacted as the debt remains unpaid and continues to be reported to credit bureaus. Persistent attempts to collect the debt may result in increased pressure from the collector, including frequent phone calls, letters, or even legal actions such as lawsuits.

How do you outsmart a debt collector? ›

6 Ways to Deal With Debt Collectors
  1. Check Your Credit Report. ...
  2. Make Sure the Debt Is Valid. ...
  3. Know the Statute of Limitations. ...
  4. Consider Negotiating. ...
  5. Try to Make the Payments You Owe. ...
  6. Send a Cease and Desist Letter.
Sep 3, 2022

How do you win against a debt collector? ›

Here are a few suggestions that might work in your favor:
  1. Write a letter disputing the debt. You have 30 days after receiving a collection notice to dispute a debt in writing. ...
  2. Dispute the debt on your credit report. ...
  3. Lodge a complaint. ...
  4. Respond to a lawsuit. ...
  5. Hire an attorney.

How do I get rid of debt collectors without paying? ›

Once you notify the debt collector in writing that you dispute the debt, as long as it is within 30 days of receiving a validation notice, the debt collector must stop trying to collect the debt until they've provided you with verification in response to your dispute.

What does the debt collection rule apply to? ›

The FDCPA applies only to the collection of debt incurred by a consumer primarily for personal, family, or household purposes. It does not apply to the collection of corporate debt or debt owed for business or agricultural purposes.

Can debt collectors garnish wages in Alabama? ›

Alabama wage garnishment laws stipulate that if your take-home pay is at least $217.50 per week, up to 25% can be snatched away by creditors (Ouch.). But remember, knowledge is power. Understanding these rules puts you one step closer to regaining control over those hard-earned dollars.

Can a creditor take my house in Alabama? ›

If you have used some of your property as collateral (a secured debt), the creditor can try to take it.

How long do creditors have to collect a debt from an estate in Alabama? ›

Creditors have six months from the date the Estate is opened to file a claim with the Court; however, if you fail to timely give the “notice” discussed in paragraph 4 above, this time may be extended.

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