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Judgments and Enforcement:
A money judgment is enforceable for a period of ten (10) years and is presumed to have been satisfied if the ten-year period elapsed. (C.O.A. 6-9-191.) It may be revived prior to its expiration date, but in no event can it be revived after the lapse of twenty (20) years from its entry. (C.O.A. 6-9-190.)
Every judgment becomes a lien on the judgment debtor's real property in the county in which a certificate of judgment lien is filed for a period of ten (10) years. (C.O.A. 6-9-211.) A judgment creditor may execute the judgment by levying on the real and personal property of the judgment debtor, including the garnishment of wages. Generally, the amount of earnings which may be garnished may not exceed twenty-five percent (25%) of the judgment debtor's non-exempt disposable earning. (C.O.A. 6-10-7.)
Foreign Judgments:
Under the Uniform Enforcement of Foreign Judgment Act, any judgment, decree, or order of a court of the United States or of any other court is entitled to full faith and credit in the State of Alabama. (C.O.A. 6-9-231.) A judgment creditor may seek enforcement of a foreign judgment by filing an authenticated copy of the foreign state judgment and an affidavit setting forth the name and last known post office address of the judgment debtor and creditor in the appropriate court of Alabama. (C.O.A. 6-9-233.) A foreign judgment has the same effect and is subject to the same procedures, defenses, and proceedings for reopening, vacating or staying as a judgment of any court in the State of Kentucky. (C.O.A. 6-9-232.)
Interest:
- Legal rate: 6% per annum on loan or forbearance of money, goods, or things in action. (C.O.A. 8-8-1.)
- Written Contract: 8% per annum. (C.O.A. 8-8-1.)
- Judgment rate: 12% per annum. (C.O.A. 8-8-10.)
Statutes Of Limitations:
An action for the recovery of money or other damages generally must be filed within a statutory period of time or such action may be barred forever. Some of the time limitations relevant to credit and collection matters are as follows:
| Written contract under seal |
10 years |
C.O.A. 6-2-33 |
| Written contract not under seal, trespass to real or personal property, stated or liquidated account, simple contract, or arrears of rent due upon a parol demise. |
6 years
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C.O.A. 6-2-34
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| Open or unliquidated account |
3 years |
C.O.A. 6-2-37 |
| Freight charges by common carrier of property, overcharges, malicious prosecution. |
2 years
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C.O.A. 6-2-38
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