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I am not a lawyer. This is a summary of what I have learned and observed. If you need legal advice, contact a lawyer. Because this is a summary of how to enforce an Alabama judgment, here is a PDF download file link, with more information: http://www.birminghambar.org/data/Outlines/Judgmentenforcement/judgmentenforcement.pdf A judgment is a final order of a court, signed by a commissioner or judge that shows that a cash amount is owed by one party to another. The courts cannot help you enforce your judgment. You must enforce it yourself, or get help to enforce it. Currently the Alabama interest rate (simple non-compounded annual interest) can be the same as the pre-judgment contract rate, however it is usually 12%. Post-judgment interest is not compounded - even when the judgment is renewed. Certain costs, especially when an attorney is used, can be reimbursed and accrue interest. Alabama has three civil courts that address judgment enforcement matters. If the judgment amount is less than $3,000, you will be in the Small Claims court. If the judgment amount is less than $10,000, you will be in District court. If the amount is more than $10,000 you will be in Circuit court. Judgments are enforceable for ten years, and can be revived (renewed) before ten years are up, but they can only be enforced for 20 years. After 20 years, Alabama judgments become worthless. Judgments becomes liens on the judgment debtor's real property in the county in which a certificate of judgment lien is filed. Liens last only as long as the underlying judgment lasts. You can also levy on the debtor's personal property or garnish their wages, up to 25% of their non-exempt income. To start a garnishment of the debtor's assets, you need a writ of garnishment. To get a writ, you must prepare and sign an application in front of an officer authorized to administer oaths. Then you file an affidavit with the clerk of the court in which the judgment was entered. The affidavit must state the amount due from the judgment debtor to the judgment creditor, that process of garnishment is believed to be necessary to obtain satisfaction thereof, and that the person to be summoned as garnishee is believed to be chargeable as garnishee in the case. After you have a court-endorsed writ, the officer filing the affidavit issues a process of garnishment, with a copy for each garnishee, to be personally served on each garnishee (e.g., the employer or bank) and the debtor. You can domesticate a judgment into Alabama (meaning you can enforce it as if the judgment was awarded in Alabama). To do this, you need an authenticated copy of the foreign state judgment, and an affidavit listing the name and last known mailing address of the judgment debtor and creditor, and file it in an Alabama court close to the debtor and their assets. ---------- Mark D. Shapiro - http://www.JudgmentBuy.com
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Alabama Judgment Enforcement Techniques
