How to Settle a Debt in Alabama

Sarah Edwards | December 16, 2022

Edited by Hannah Locklear

Have you received a Summons in the mail for a debt lawsuit? Getting sued for a debt you owe in Alabama can be frightening and anxiety-provoking, especially if you’re concerned about repaying the debt before your court date. You may wonder where you’ll come up with the money or if you can fight the lawsuit in court.

No one wants to lose a court case. If you lose, the court will grant your creditor a judgment, allowing them to up the ante on their collections efforts against you. They’ll be able to freeze your bank account, garnish your wages, and potentially even seize your property.

The best option is to repay your debt before your court date. If you can’t afford to do that, try to settle the debt with your creditor or the debt collector. Luckily, we’ve got the ultimate guide to debt settlement in Alabama.

Let’s jump right in.

There are 3 steps to settling a debt in Alabama

Follow these three steps if you’re facing a debt lawsuit in Alabama and want to settle your debt.

1. Respond to the debt lawsuit with an Answer.
2. Make a settlement offer to start negotiations.
3. Get your debt settlement agreement.

You can settle your debt in Alabama on your own with the help of SoloSettle and avoid working with a debt settlement company.

Below, we’ll break down each of these three steps in detail. You can also learn more by watching this video:

1. Respond to the debt lawsuit with an Answer

Whenever a creditor decides to sue a debtor in court, they’ll begin the process by filing a Complaint. You’ll receive a copy of the Complaint and a Summons to appear in court. A Complaint lists your creditor’s grievances against you, including the amount you owe and any interest and fees. The Summons will include your court date and location.

Many consumers fail to act when they receive a court Summons. They’ll ignore the lawsuit, usually because they don’t know how to respond. This is a big mistake...

It’s important to respond to the lawsuit with a written Answer, even if you plan to settle the debt well before your court date. If you don’t file an Answer in time, you’ll probably lose the case automatically when the court orders a default judgment against you.

In Alabama, you have 30 days to respond to a debt collection lawsuit.

Even if you reach out to the creditor or debt collector suing you to settle the debt and come to an agreement, you could still lose the case.

The courts will not know about your settlement or any disputes about the debt unless you give them that information. So be sure to Answer your lawsuit before you take any other action. This will give you time to negotiate a debt settlement offer without worrying about losing.

SoloSuit can help you draft and file an Answer in Alabama in minutes.

2. Make a settlement offer to start negotiations

Your next step is to decide how much you can afford to pay your creditor in a settlement. Examine your savings, and figure out how much money you can stow away before your court date.

If you need financial help to settle the debt, consider selling something you don’t need, taking on a part-time job, or asking friends or family for assistance.

We see the most success at debt settlement when consumers offer around 60% of the value of their obligation. For instance, if you owe $5,000, you’ll need to have $3,000 saved to offer in a settlement.

If this number is out of reach, offer what you can. Some creditors and collectors will be more lenient if they understand your situation and if you’re willing to work with them toward a solution.

You’ll likely go through several rounds of negotiations before reaching an agreement that you can live with. That’s okay; just keep working with the creditor until you come to a deal.

SoloSettle takes care of the debt settlement negotiation process for you.

3. Get your debt settlement agreement in writing

Before paying a dime on your debt settlement, make sure to get the terms of the settlement agreement in writing. The contract should clearly state that your payment constitutes settlement for the total value of the debt and that the creditor or collector is waiving all rights to collect the remainder of the debt from you.

There should also be clear instructions for transferring the money to the debtor, such as making a payment online or sending a check to a P.O. box.

Generally, creditors and debt collectors will take charge of drafting and filing a debt settlement agreement into the case. Be sure to review the document carefully before signing. Below is a debt settlement agreement example:

Note that the settlement agreement requires a notary’s signature. This signature adds an extra layer of protection to your agreement. Someone will witness the signing of the contract on both sides, which gives you additional credibility in case the debt collector tries to pursue collection activity against you again.

Once you have a signed agreement, abide by its terms. Pay your creditor on time and with the correct amount. They should provide you with a receipt, and you should keep a record of your payment.

Be advised that all states have unique requirements as far as the legalities of a debt settlement agreement goes.

Now, let’s explore an example of someone who settled their debt in Alabama.

What are Alabama’s debt collection and debt settlement laws?

Alabama does not have additional protections beyond those of the FTC’s Fair Debt Collection Practices Act (FDCPA). However, all creditors and debt collectors must abide by the act's rules in their collections practices. Some of the protections that the FDCPA offers include:

• No calling consumers at odd hours of the day, like before 8 a.m. and after 9 a.m.
• Creditors cannot repeatedly call consumers throughout the day.
• No more than seven calls per week concerning a single debt.
• If the consumer asks the creditor not to call them at work, they must comply.
• Creditors cannot pretend to be someone they are not, like a law enforcement agent.

In addition to the FDCPA, creditors and debt collectors can only pursue collection activities against a consumer if the debt hasn’t passed Alabama’s statute of limitations.

According to AL Code § 6-2-37 (2019), creditors can pursue open accounts from consumers for up to three years; however, debts involving contracts not under seal are eligible for legal action for six years under AL Code § 6-2-34 (2021).

Finally, creditors can pursue consumers for contracts under seal for up to 10 years, according to AL Code § 6-2-33 (2019).

Once a debt passes Alabama’s statute of limitations, creditors can still report the consumer’s account to credit reporting agencies. They can still call and send letters. However, if they attempt to bring the claim to court, the consumer can ask the judge to dismiss the case because it’s after the statute of limitations deadline.

Finally, The Federal Trade Commission has recently amended the Telemarketing Sales Rule to expand debt settlement regulations to all debt relief organizations and companies. All 50 states, including Alabama, are governed by this Rule as it relates to debt settlement practice.

Under the new Rule, any company that provides debt relief services, namely debt settlement companies, cannot:

• Charge upfront fees. Debt settlement companies cannot collect any fees from a consumer before the debt has been effectively settled or otherwise resolved.


• Fail to disclose certain information about its services before a consumer enrolls in the program. This includes how much the service costs, how long it takes to see results, how much money must be saved before a settlement offer is made, consequences that may occur if the consumer fails to make payments on time, customer’s rights, and other important terms.


• Misrepresent their services. No false or unsubstantiated claims can be made regarding a debt settlement company’s services.

What are some of the best debt settlement companies?

You be the judge.

Many consumers prefer SoloSettle because our goal is to empower you to negotiate and reach a debt settlement on your own.

SoloSettle makes negotiating easy by providing a structured process. You can use our web-app to send and receive offers from collectors. It will draft offers for you and protect you from the potential lies and bullying of debt collectors. Most importantly, SoloSettle makes sure all of the proper legal language is included to protect your rights when communicating with the creditor or debt collector. When a settlement agreement is reached, SoloSettle manages the settlement agreement documentation for you and protects your sensitive financial information from the collectors, preventing them from over-charging you.

Check out this review from a real SoloSettle customer:

“I'm very thankful for SoloSettle.. Having a third party negotiate the settlement was instrumental in resolving this case and saved me from two giant headaches: 1) I didn't have to deal with the plaintiff's lawyer and 2) I didn't have to go to court. I also love that the payment was processed through SoloSettle. I was nervous about sharing my personal financial data with the other side, but SoloSettle protected that for me. I hope I never get sued again, but if I do, I would use SoloSettle again in a heartbeat.”

Below are other debt settlement companies with fair reputations to consider:

• Freedom Debt Relief
• Century
• National Debt Relief
• Accredited Debt Relief
• Citizens Debt Relief
• CuraDebt.

Contact your creditor to start the debt settlement process today

You have a few options if you’re ready to start the settlement negotiation process with your creditor. You can call them, email them, or send them a letter.

We recommend emailing or calling your creditor if you're facing time constraints. An email is quick, and you’ll have a written record of the conversation and negotiation process.

However, if you’d prefer to call the debt collector, you can do that, too. We suggest recording the conversation so that you have proof in case the debt collector later tries to renege on the deal. In Alabama, you only need consent from one party to record a phone conversation, according to AL Code § 13A-11-30.

FAQ

You probably have a few questions if you’re considering debt settlement in Alabama, and we have answers to some of the most common questions we hear.

Q. What percent should I offer to settle a debt?

According to America Fair Credit Council’s Regan Report, the average consumer can reach a debt settlement of 50% when working with a debt settlement company.

However, we recommend starting with 60% of the total value of your debt in a debt settlement offer. If the creditor disagrees, they will provide you with a counteroffer. Explain your financial situation to the debt collector if you can't afford the counteroffer. They may be willing to work with you.

Ultimately, you have to calculate how much you can afford to pay off. If 60% is not feasible, offer less and explain your financial situation to the creditor or debt collector. Chances are they’ll be willing to work with you.

Q. Can I settle debt on my own in Alabama?

Yes, it is possible to handle the debt settlement process independently. Do some reading first (SoloSuit has many guides to help you) to learn how it works. Then, start negotiating your first debt with your chosen creditor.

Q. Who qualifies for debt settlement?

Anyone can attempt to negotiate a debt settlement with their creditors if they cannot pay their bills. However, if you’re interested in qualifying for a specific program with a debt settlement company, you may need to carry a certain amount of debt. Each program varies, but most companies require at least $7,500 in unsecured debt to enroll.

Learn more about debt settlement in Alabama

If you’ve got more questions about debt settlement in Alabama, SoloSuit has answers. Check out these convenient guides:

• How to Get Debt Relief in Alabama | SoloSuit Blog
• Statute of Limitations on Debt Collection in Alabama | SoloSuit Blog
• How to Answer a Summons for Debt Collection in Alabama (2022 Guide) | SoloSuit Blog
• Alabama Court Case Search—Find Your Lawsuit | SoloSuit Blog

Debt settlement is possible with a little bit of work

You can settle your debt in Alabama before your court date by engaging with your creditor and attempting to work out an agreement. Most debt collectors are open to settlements if you’re willing to communicate with them. Get started and consult our other resources if you have further questions.

What is SoloSuit?

SoloSuit makes it easy to fight debt collectors.

You can use SoloSuit to respond to a debt lawsuit, to send letters to collectors, and even to settle a debt.

SoloSuit's Answer service is a step-by-step web-app that asks you all the necessary questions to complete your Answer. Upon completion, we'll have an attorney review your document and we'll file it for you.

>>Read the FastCompany article: Debt Lawsuits Are Complicated: This Website Makes Them Simpler To Navigate

>>Read the NPR story on SoloSuit. (We can help you in all 50 states.)

How to answer a summons for debt collection in your state

Here's a list of guides for other states.

All 50 states.

• Alabama
• Alaska
• Arizona
• Arkansas
• California
• Colorado
• Connecticut
• Delaware
• Florida
• Georgia
• Hawaii
• Idaho
• Illinois
• Indiana
• Iowa
• Kansas
• Kentucky
• Louisiana
• Maine
• Maryland
• Massachusetts
• Michigan
• Minnesota
• Mississippi
• Missouri
• Montana
• Nebraska
• Nevada
• New Hampshire
• New Jersey
• New Mexico
• New York
• North Carolina
• North Dakota
• Ohio
• Oklahoma
• Oregon
• Pennsylvania
• Rhode Island
• South Carolina
• South Dakota
• Tennessee
• Texas
• Utah
• Vermont
• Virginia
• Washington
• West Virginia
• Wisconsin
• Wyoming

Guides on how to beat every debt collector

Being sued by a different debt collector? Were making guides on how to beat each one.

• Absolute Resolutions Investments LLC
• Accredited Collection Services
• Alliance One
• Amcol Clmbia
• American Recovery Service
• Asset Acceptance LLC
• Asset Recovery Solutions
• Associated Credit Services
• Autovest LLC
• Cach LLC
• Cavalry SPV I LLC
• Cerastes LLC
• Colinfobur
• Covington Credit
• Crown Asset Management
• CTC Debt Collector
• Cypress Financial Recoveries
• Delanor Kemper & Associates
• Eagle Loan of Ohio
• Educap
• Estate Information Services
• FIA Card Services
• Forster & Garbus
• Freshview Solutions
• Fulton Friedman & Gullace LLP
• Harvest Credit Management
• Howard Lee Schiff
• Hudson & Keyse LLC
• Integras Capital Recovery LLC
• Javitch Block
• Jefferson Capital Systems LLC
• LVNV Funding
• Mannbracken
• Mariner Finance
• Medicredit
• Michael J Adams PC
• Michael J Scott
• Midland Funding LLC
• Mullooly, Jeffrey, Rooney & Flynn
• Mountain Land Collections
• MRS Associates
• National Collegiate Trust
• Nationstar Foreclosure
• Northstar Capital Acquisition
• NCEP LLC
• NRC Collection Agency
• OneMain Financial
• Palisades Collection LLC
• Pallida LLC
• Paragon Revenue Group
• Pinnacle Collections Agency
• PMAB LLC
• Portfolio Recovery Associates
• Provest Law
• PYOD LLC
• Reunion Student Loan Finance Corporation
• Revenue Group
• Regents and Associates
• RSIEH
• Salander Enterprises LLC
• Second Round Sub LLC
• Security Credit Services
• Sherman Financial Group
• Suttell and Hammer
• T-Mobile
• Transworld Systems
• Tulsa Teachers Credit Union
• UCB Collection
• Velo Law Office
• Velocity Investments
• Waypoint Resource Group
• Weinberg and Associates
• Wolpoff & Abramson

Win against credit card companies

Is your credit card company suing you? Learn how you can beat each one.

• Bank of America
• Capital One
• Chase
• Credit One Bank
• PayPal Synchrony Card
• SYNCB/PPEXTR
• Synchrony Bank
• Target National Bank
• Wells Fargo

Going to Court for Credit Card Debt — Key Tips

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How to Settle a Credit Card Debt Lawsuit — Ultimate Guide

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Need help managing your finances? Check out these resources.

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