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Alabama Judgement

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summonertx

Junior Member
What is the name of your state (only U.S. law)? Alabama


All to my shame, I must ask these questions that may be somewhat complicated due to the overall circumstances:

What is the SOL for a car loan?

For how long may a judgment be enforced for such a loan if it is awarded within the SOL?

May the party awarded the judgment make attempts to collect the amount awarded from more than one source, e.g., liens and wage garnishments?

May the party awarded the judgment attempt to collect from the same source multiple times, e.g., place a lien twice against the same bank account?


Here are the circumstances:

A judgment was issued against me approximately a year ago for a car loan from a credit union. The last payment I made on the loan was around January of 1997. No action (to my knowledge) was ever taken to recover the car and I continued to have possession of the car until March of 2003 when I abandoned it.

The original note holder, the same credit union, was awarded the judgment and attempted to collect by placing a lien against my assets in a different credit union. They were unable (or unwilling) to collect any monies because I had only a $25.00 share balance and two loans--one car loan and one personal loan--with my current credit union.

To my knowledge no other attempt has been made to collect any amount awarded by the judgment.


The following sections from The Code of Alabama 1975 ( alisondb.legislature.state.al.us/acas/ACASLoginFire.asp ) are those that may be pertinent to the issue:


Section 6-2-32
Commencement of actions - Twenty years.


Within 20 years, actions upon a judgment or decree of any court of this state, of the United States or of any state or territory of the United States must be commenced.


Section 6-2-33
Commencement of actions - Ten years.


The following actions must be commenced within 10 years:

(1) Actions founded upon any contract or writing under seal.

(2) Actions for the recovery of lands, tenements or hereditaments, or the possession thereof, except as otherwise provided in this article.

(3) Motions and other actions brought by or on behalf of the State of Alabama, a county, a municipality, or another political subdivision of the state against sheriffs, coroners, constables and other public officers for nonfeasance, misfeasance, or malfeasance in office.


Section 6-2-34
Commencement of actions - Six years.


The following must be commenced within six years:

(1) Actions for any trespass to person or liberty, such as false imprisonment or assault and battery;

(2) Actions for any trespass to real or personal property;

(3) Actions for the detention or conversion of personal property;

(4) Actions founded on promises in writing not under seal;

(5) Actions for the recovery of money upon a loan, upon a stated or liquidated account or for arrears of rent due upon a parol demise;

(6) Actions for the use and occupation of land;

(7) Motions and other actions against the sureties of any sheriff, coroner, constable, or any public officer and actions against the sureties of executors, administrators, or guardians for any nonfeasance, misfeasance, or malfeasance, whatsoever, of their principal, the time to be computed from the act done or omitted by their principal which fixes the liability of the surety;

(8) Motions and other actions against attorneys-at-law for failure to pay over money of their clients or for neglect or omission of duty; and

(9) Actions upon any simple contract or speciality not specifically enumerated in this section.


Section 6-2-37
Commencement of actions - Three years.


The following must be commenced within three years:

(1) Actions to recover money due by open or unliquidated account, the time to be computed from the date of the last item of the account or from the time when, by contract or usage, the account is due; and

(2) Proceedings in any court of this state to disbar any attorney authorized to practice law in this state.


Thanks for your help.

What is the name of your state (only U.S. law)? Alabama
 



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