Legal Question in Credit and Debt Law in Alabama

Alabama Credit debt time line

Is there a time limit that a creditor has to take legal action? Mother pasted away almost 10 years ago and now I am being sued for the funeral cost. Fees and interest together could buy a new car. The estate has ever be settled due to family fighting

Asked on 8/15/08, 2:30 pm

3 Answers from Attorneys

John Watts Watts Law Group, P.C.

Re: Alabama Credit debt time line

Who is suing you? Are they suing you individually or as the administrator?

Normally 10 years is too long.

Contact me directly through my website and let me know the details and if we can help you we certainly will.

John Watts

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Answered on 8/16/08, 2:32 pm
William Pfeifer Pfeifer LLC

Re: Alabama Credit debt time line

Unless you have been making payments on the debt over the years, 10 years is too long for them to wait to sue you. The statute of limitations will be calculated based on when you made the last payment on the account, not when you created the debt, so if you have been paying on it then they may still be able to file suit. In order to give you a more definite answer, I would have to look at the lawsuit and talk to you to get more details about the situation. I will be out of the office this afternoon, but if you would like to talk to me about it, feel free to give me a call next week. Press 1 to reach my direct extension, and if I am not available just leave a message for me with a number where I can reach you.

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Answered on 8/15/08, 3:46 pm
Randal Ford Ford Firm

Re: Alabama Credit debt time line

An open account is 3 years.

A stated account is 6 years.

A contract is normally 6 years UNLESS it is under seal (notarized). (OR you have been making payments). So it depends on your contract. Sounds like it would be 6 years and thus time barred. GET A LAWYER ASAP and ANSWER THE LAWSUIT. ASSERT THE CONTRACT WAS IN ALABAMA, GOVERNED BY ALABAMA LAW, and is barred by the STATUTE of LIMITATIONS.

GET A LAWYER before the deadline to answer the complaint comes and goes. You MUST defend the lawsuit and CLAIM the Statute of Limitations as a defense .

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Answered on 8/15/08, 10:36 pm

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