Tag Archives: AL

Alabama Bankruptcy and Debt Relief Questions

Since calls to my office about bankruptcy have been increasing, I’ve decided to share some bankruptcy FAQs with you. These are short answers to complicated questions. If you are considering filing bankruptcy, it is important that you hire an experienced attorney.

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How to Stop a Foreclosure in Alabama

There are several ways to stop a foreclosure. One of the most common ways to prevent a mortgage company from foreclosing on your home is to file Chapter 13 Bankruptcy. Chapter 13 allows you to reorganize your debt and gives you the opportunity to pay your mortgage arrearage over a 3 or 5 year period. It is important that you consult with an experienced Bankruptcy attorney and file your case before the date that the foreclosure is scheduled. Once the foreclosure sale is held, Chapter 13 cannot save your home. Filing Chapter 13 can also stop vehicle repossessions and may reduce your total monthly expenses.

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How Does Small Claims Court Work in Alabama?

You can file a Small Claims lawsuit in almost any civil case where the amount in controversy is $3,000.00 or less. You do not need a lawyer to represent you because the rules are relaxed and your case will be decided by a Judge and not a jury. To initiate a case in Small Claims Court you need to fill out a Statement of Claim (Complaint) and file it with the clerk’s office in either the county where your claim occurred or where the Defendant (person you are suing) resides.

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If I die without a Will does the State of Alabama get my property?

If you die without a will the State will not get your property unless you do not have any heirs at law. The Alabama Code sets out guidelines that that Probate Court must follow when someone dies without a Will. Those guidelines, which are referred to as the rules of intestate succession, list who gets the estate.

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