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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:
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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.)
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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
|
C.O.A. 6-2-34
|
| Open or
unliquidated account |
3 years |
C.O.A.
6-2-37 |
| Freight charges by
common carrier of property, overcharges, malicious
prosecution. |
2 years
|
C.O.A. 6-2-38
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