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N Cal Atty
N Cal Atty, Lawyer
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Statute of limitations in Alabama for a written contract, A

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Statute of limitations in Alabama for a written contract
JA: The Lawyer can help you with the statute of limitations for that. Before I connect you, is there anything else you'd like them to know?
Customer: A furniture company is trying to sue for a debt from 2010
Customer: replied 5 months ago.
I thought that the statute of limitations in Alabama is 6 years for a written contract

Thank you for your question.

Is the contract was not under seal, you are correct that there is a 6 year SOL, see

https://statelaws.findlaw.com/alabama-law/alabama-civil-statute-of-limitations-laws.html

I hope this information is helpful.

Customer: replied 5 months ago.
What is under seal? Thank you

A contract under seal is a formal contract which has the seal of the signer attached.

Customer: replied 5 months ago.
Ok...I don't recall seeing that but it's been 10 years! They served me a summons last month for the 2800 debt. It was for some furniture that me and my ex husband had. Also, they have on the agreement that my income came from student loans which isnt true, I have never obtained a student loan. I'm thinking they put that down so it would show I had some

Which Court is this in?

Do you have an attorney?

Customer: replied 5 months ago.
Summons and complaint...the sheriff served me with it

Which Court is this in?

Customer: replied 5 months ago.
Mobile Alabama

Do you have an attorney?

Customer: replied 5 months ago.
No I don't have an attorney I didn't think I could afford one because I was thinking it would cost more for one than what I'm being sued for

Depending on the terms of the contract, thay may have to pay tyour attorney fees.

Were you sued by the original creditor, or by an assignee?

Customer: replied 5 months ago.
Original creditor. They never sold it to a collection agency. It fell off my credit report about 2 years ago

You can file a dedmurrer to the complaint based on the statute of limitations. You can get a free consultation from some of the local attorneys listed here.

Please follow up on this with a local attorney.

I hope this information is helpful.

Customer: replied 5 months ago.
I answered the summons stating the statute of limitations..they sent me a court date for Sept 10..thank you

Did you file an actual Answer, or a demurrer or motion to dismiss?

Customer: replied 5 months ago.
It was an answer
Customer: replied 5 months ago.
Another question is would it be considered a written contract since it was for leasing of furniture? How will I know if the contract is under seal?

The defense of the statute of limitation can be raised either by answer or by demurrer so at least you properly raised what I think is a vaalid defense.

Almost no contracts are under seal other than some corporate contracts. I assume it must have been a written contract but the complaint is supposed to specify if the contract was written or oral. Does the complaint say anything about that?

Customer: replied 5 months ago.
It didnt..it just said the complaint that me and my ex owed the sum of 2800..but I did see something on it about with "waiver of exemptions"

Failing to allege whether it was written or oral makes the complaint subject to a special demurrer for uncertainty. I really think you would benefit from having a locla attorney assist you with this.

Customer: replied 5 months ago.
They had copies of the original agreement attached to the summons

Does the agreement say anything about attorney fees?

The SOL runs from the date of breach. Did they allege a date that you supposedly breached the agreement?

Customer: replied 5 months ago.
145.00

I do not understand your last post.

Customer: replied 5 months ago.
I was saying the court fees are 145.00

Does the contract say the winning party is entitled to attorney fees to be paid by the losing party?

Customer: replied 5 months ago.
Its showing payment history and they notated when the account was late.
Customer: replied 5 months ago.
that's what it says
Customer: replied 5 months ago.
I will recheck to see if they included a date of breach

OK.

Customer: replied 5 months ago.
One account is from 2010, one is from 2011

When were the last payments made?

Customer: replied 5 months ago.
I'm at work I will look when I get home...they put it on both of our credit reports but it's been off for a while. So would the SOL start from the last made payment?

Yes, the SOL would start running from the date you stopped paying, which would be the day after the last made payment or possibly the due date of the first missed payment.

Customer: replied 5 months ago.
Ok I will look into all that..I'm just worried that they may have altered some things since it's been so long

Please let me know what you find out.

N Cal Atty and 6 other Legal Specialists are ready to help you
Customer: replied 5 months ago.
Will do

Thank you very much for the great rating!

Customer: replied 5 months ago.
I'm reading where my paperwork says that it was a written contract with waiver of exemptions. What does that mean?

I do not know what "waiver of exemptions" is supposed to mean.

Customer: replied 5 months ago.
I even tried to research it I couldn't find anything.

Does it say that in the actual contract?

Customer: replied 5 months ago.
It was only on the summons

Did the complaint describe the supposed waiver?

Customer: replied 5 months ago.
I will look again

https://alabamaatj.org/wp-content/uploads/2014/01/Collections-Litigation.pdf

states: "G. Waiver of Exemptions

Section 6-10-120 of the Code of Alabama provides that any person may waive, by a written instrument, his right to claim an exemption to any property. Ala. Code § 6-10- 120 (1975)."

Alabama Code 6-10-120 states: "Any person, by an instrument in writing, may waive his or her right to an exemption in any property exempt from levy and sale under execution or other process." From

https://www.lawserver.com/law/state/alabama/al-code/alabama_code_6-10-120

They claim that you signed a contrct waiving the exemptions linked from

https://www.lawserver.com/law/state/alabama/al-code/alabama_code_6-10-120

Customer: replied 5 months ago.
Ok...

If you have no more follow up questions, I am supposed to close this thread, so please let me know if I should do that yet.

Customer: replied 5 months ago.
Last question...so even with the waiver of exemption can I still defend it with the SOL?
Customer: replied 5 months ago.
Thanks for all your help!

Yes. Exemptions only apply after there is a judgment.