Alabama

Property Records Civil Court Records Criminal Court Records Collection Agency Laws & Licensing Requirements There are no licensing or bond requirements for governing collection activities in Alabama. However, there is a license tax that must be paid to the town and/or city location where the collection agency's place of business is. PER BUSINESS, VOCATION OR OCCUPATION PRIVILEGE LICENSES, Article 2 Each collection agency shall pay the following: License tax License Tax Information: Alabama Department Of Revenue $100.00 (towns & cities 20k or more inhabitants) $25.00 towns and cities of less than 20,000 inhabitants. [C.O.A. 40-12-80] Attorney General Office Helps Consumers With Debt Collection Violations In Many Cases. Consumers can file complaints online here. Alabama Deceptive Trade Practices. Alabama Attorney Bar Locate an Attorney who practices in Alabama, State laws, and Links Federal Laws: Alabama follows the Federal Fair Debt Collection Practices Act The Federal Debt Collection Law is enforced by The Federal Trade Commission If you have a complaint about a Bank or other financial institution (The Federal Reserve System) Summary Collection Laws: Business License not required for out-of-state agencies. Business License (see exemption) Not Required [per Sctry. of State]. Bond not required. No Regulations, Collector cannot dun spouse [Ex Part Bunting Plastic Surgery Clinic; 624 So.2d 1075 (Ala.Supr.Ct) Aug. 1993] Interest Rate(s): Legal 6% Judgment 12% Debt Collection Statute of Limitations: Open Acct. 3 Years - Written Contract 6 Years - Domestic Judgments 20 Years - Foreign Judgments 20 Years Bad Check Laws & Civil Penalty: Was Greater of $10.00 or Actual Bank Charges, Now any person who issues a bad check is responsible for payment of the Bad Check Charge of Twenty Five Dollars [$25.00] or an amount equal to the actual charge by the depository institution C.O.A. 8-8-15. Commencing January 1st, 1999, the Bad Check Charge shall be increased by $1.00 per year until it reaches the maximum charge of $30.00 by January 1st, 2003. See Also Sec 40-29-70. Maximum Damages for Writing a Bad Check = Up To The Judge. Statutory Notice: Giving of the Notice and Proceeding. Statute Of Limitations Dishonored Notes Negotiating a Worthless Negotiable Instrument Is A Class a Misdemeanor (Sec. 13A-9-13.1) Forgery Laws: Title 13A Criminal Code Signature by Representative Fines For Misdemeanors & Violations Fines For Felonies Theft Related Offenses Bank Fraud & Swindles District Attorney's Office 100 South Lawrence Street Montgomery, AL 36104 How to file on a Worthless Check. Garnishment & General Exemptions: 75% of Wages exempt from Garnishment UCC Filings (Searchable Database Online) Alabama Court System Online Other Credit and Collection Links The major laws that govern financial institutions and protect individuals in their financial dealings are: Consumer Credit Protection Act It is the purpose of this title to assure a meaningful disclosure of credit terms so that the consumer will be able to compare more readily the various credit terms available to him and avoid the uninformed use of credit, and to protect the consumer against inaccurate and unfair credit billing and credit card practices. Truth in Lending Act Consumer Credit Costs Disclosures, requires a lender to tell you how much it will cost to borrow money so that you can compare the terms of credit offered by different lenders. Fair Credit and Charge Card Disclosure Act requires a lender offering you a credit card to tell you the annual percentage rate (APR), the amount of any annual fee, and whether you have a grace period to pay your bill before a finance charge is added. Fair Credit Reporting Act controls how your credit history (how you pay your bills) is kept by credit bureaus and used by lenders. Equal Credit Opportunity Act prohibits lenders from discriminating against you in a credit transaction on the basis of certain personal characteristics such as race, color, religion, national origin, sex, marital status, age, because you receive public assistance or because you’ve exercised your rights under the Consumer Credit Protection Act. Fair Debt Collection Practices Act lays out the rules a debt collector must follow when trying to collect a debt from a consumer. Home Equity Loan Consumer Protection Act requires a lender to give you complete information about the home equity loan plan it offers—first when you receive an application and again before you first use the line of credit. The Home Ownership and Equity Protection Act requires disclosures and imposes substantive limitations on mortgage transactions having rates or fees above a certain percentage or amount. It also requires disclosures about the potential costs for reverse mortgages. Fair Housing Act prohibits lenders from discriminating against you in real estate mortgage or home improvement loans on the basis of race, color, religion, national origin, sex, familial status, or handicap. Real Estate Settlement Procedures Act states that lenders must give purchasers information about the costs required to close a mortgage loan. It also protects consumers from unnecessarily high real estate settlement costs by prohibiting certain business practices. This applies when you take out or refinance a loan secured by real estate such as a mortgage loan or a home equity loan. Fair Credit Billing Act requires that a lender promptly correct a mistake on your credit card bill. Expedited Funds Availability Act limits how long a bank may delay your use of the funds you deposit in an account. Truth in Savings Act requires lenders to disclose the terms of their deposit accounts in a uniform way. Electronic Fund Transfer Act limits an individual’s liability if their ATM card is lost or stolen and calls for investigation and correction of errors made to your account. Consumer Leasing Act requires the costs and the terms of a consumer lease, such as a lease for a car or for furniture, be outlined to you so that you can compare the cost of leasing. Credit and Collection Links Comptroller of the Currency Office of the Ombudsman Customer Assistance Unit 1301 McKinney Street Suite 3710 Houston, TX 77010 1 (800) 613-6743     (regulates banks with national in the name or N.A. after the name) Federal Deposit Insurance Corporation Compliance and Consumer Affairs 550 17th Street, N.W. Washington, DC 20429 (202) 942-3100 or 1 (800) 934-3342     (regulates state chartered banks that are not members of the Federal Reserve System) Office of Thrift Supervision Consumer Programs 1700 G Street, N.W. Washington, DC 20552 (202) 906-6237 or 1 (800) 842-6929     (regulates federal savings and loans and federal savings banks) National Credit Union Administration Office of Public and Congressional Affairs 1775 Duke Street Alexandria, VA 22314-3428 (703) 518-6330     (regulates federally chartered credit unions) Federal Trade Commission Consumer Response Center 6th and Pennsylvania, N.W. Washington, DC 20580 877-FTC-HELP – toll free (877-382-4357)     (regulates finance companies, stores, auto dealers, mortgage companies, and credit     bureaus) More Credit and Collection Links For Alabama LawDog State Credit and Collection Laws Laws about, Repo Autos, Checks, Credit, Courts, Judgments, Secured Debts, UCC, Credit Terms and Use, Bankruptcy Courts, Collections, State Agencies & Organizations. Open Directory Project Links Yahoo Search Consumer Rights & Protections THIS IS FOR MY PERSONAL INFORMATIONAL PURPOSES ONLY. The information here may not be complete and it is not to be construed as legal advise or opinion. This Is Not A Complete List Of All The Laws Relating To These Subjects. The information provided is not to be considered legal advice, Always discuss matters relating to such and seek advise from your legal advisor or a legal professional. 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