Debt Collection Laws in Alabama: Know Your Rights
Alabama follows the Fair Debt Collection Practices Act to protect you from abusive collectors. You have 30 days to request debt validation and 30 days to respond to lawsuits. Understanding statute of limitations deadlines and your legal rights helps you fight back against unfair collection tactics.
Answer Your LawsuitMoney keeps the world turning. Without it, you struggle to pay for essentials like housing and food.
Most Americans use debt to make ends meet. Mortgages, car loans, and credit cards help you afford what you need.
Sued for Debt in Alabama? Respond in 30 Days
Don't risk a default judgment that allows wage garnishment. Respond to your Alabama debt lawsuit with a proper Answer and protect your rights.
Respond NowWhen you pay your bills on time in Alabama, creditors leave you alone. But if something disrupts your payments, problems start quickly.
Eventually, creditors may give up and sell your debt to a collection agency.
Collection agencies push hard once they buy your debt. You’ll start receiving aggressive letters and phone calls.
Alabama Follows the Fair Debt Collection Practices Act
Alabama doesn’t offer extra consumer protections beyond federal law. The Fair Debt Collection Practices Act (FDCPA) governs all debt collectors in the state.
Under the FDCPA, debt collectors cannot:
- Call before 8 a.m. or after 9 p.m. in your time zone
- Contact you if they know you have an attorney
- Publish lists of people who allegedly owe debts
- Call repeatedly throughout the day to harass you
- Pretend to be lawyers or law enforcement officers
- Claim you’re committing a crime by not paying
- Use fake legal documents or letterhead
- Refuse to identify themselves or their company
- Cash postdated checks before the date written
- Threaten to seize property without legal authority
If a collector breaks these rules, they violate federal law.
Alabama’s Statute of Limitations Protects You
Collectors can only sue you if your debt isn’t time-barred. Alabama’s statute of limitations varies by debt type:
| Debt Type | Time Limit |
|---|---|
| Credit Card | 3 years |
| Medical | 6 years |
| Student Loan | 6 years |
| Auto Loan | 6 years |
| Mortgage | 6 years |
| Personal Loan | 6 years |
| Judgment | 20 years |
Even after the statute expires, you still owe the money. Collectors can still call and send letters. They just can’t take you to court.
Request Debt Validation Within 30 Days
When a collector contacts you, pay close attention. The FDCPA gives you 30 days to request debt validation.
If you don’t request validation, collectors assume the debt is valid.
Your validation letter should ask for proof that they own the debt. Request supporting evidence showing the amount you owe. Ask them to calculate your debt’s age to determine if it’s time-barred.
Once collectors receive your request, they must stop all contact until they validate the debt. If they can’t provide proper documentation, they must stop collection efforts entirely.
Collectors May Sue You in Alabama Courts
If you ignore a debt collector, they may file a lawsuit. In Alabama, you have 30 days to respond to a debt lawsuit.
You’ll receive a Court Summons and a Complaint. The Summons provides your hearing date. The Complaint lists the amount you owe and debt details.
You must formally respond with an Answer. Without an Answer, collectors can request a default judgment. Our partner Solo helps you respond to lawsuits and protect your rights.
Default judgments allow collectors to garnish your wages or freeze your bank account.
Your Options After Filing an Answer
After filing your Answer, you face important decisions. If you believe you can win, attend the hearing and testify.
If the collector has strong evidence, settling the debt makes more sense.
Example: Berry Collections sues Rodney for a $2,000 medical bill. Rodney files an Answer but knows he’ll likely lose. He offers Berry Collections $1,000 as a lump-sum settlement. Berry Collections agrees and drops the lawsuit once they receive payment.
File Complaints Against Abusive Collectors
Alabama recognizes the FDCPA as your primary protection. If a collector harasses you or violates FDCPA rules, take action.
File complaints with the Federal Trade Commission and the Alabama Attorney General’s Office.
Your complaint protects you and others from disreputable collectors. It may lead to legal action and monetary penalties against the agency.
Protect Your Rights and Your Future
Understanding Alabama’s debt collection laws empowers you to stand up for yourself. Collectors must follow federal rules designed to protect you.
You have specific rights and timeframes to exercise them. When collectors overstep, you can hold them accountable.
Don’t let aggressive collection tactics intimidate you into paying debts you don’t owe.