Alabama Judgment: Types, Records, Duration, and What to Expect

A judgment is an official legal ruling made by a court to settle a disagreement between two parties. Judgments are an essential part of the state’s legal system, affecting individuals, families, and businesses alike.

What Is a Judgment in Alabama?

In Alabama, there is no clear-cut definition of a judgment laid out by law. However, the most widely accepted rules concerning a judgment in the state come from the Alabama Code (Title 6 - Civil Practice - Chapter 9 - Judgments). This chapter describes a judgment as the conclusion reached by a court after a lawsuit or legal claim has been resolved. It signifies the official ruling on the issue at hand and can create responsibilities for one or more parties. A judgment may require someone to pay money, hand over property, or stop specific actions. For example, if a business is sued for breaking a contract, it might have to pay damages. In family law cases, a judgment could set up child support requirements. Once a judgment is made, it is legally binding and can have significant financial and legal consequences.

Types of Judgments in Alabama

Judgments in Alabama differ based on the type of case. The main categories are:

1. Money Judgments

Money judgments are common in civil cases involving debts or contracts. In these cases, the judge rules that one party (the debtor) pay a certain amount to another party (the creditor). Examples include unpaid medical bills, credit card debts, or compensation from a personal injury lawsuit.

2. Default Judgments

A default judgment happens when the defendant does not reply to a lawsuit or fails to show up in court. In this case, the court will grant the relief that the plaintiff originally requested.

3. Property or Lien Judgments

This judgment allows creditors to secure repayment through a lien, which is usually attached to the debtor’s property. This lien guarantees that if the property is sold or refinanced, the debt must be paid off first. Judgment liens can stay in effect until the debt is settled.

4. Family Court Judgments

Family court judgments are rulings made in relation to family matters such as child support, alimony, and custody arrangements. These judgments are strictly enforced because they concern the welfare of children and dependents. Not complying can result in wage garnishment or contempt proceedings.

5. Foreign Judgment

A foreign judgment refers to any judgment, decree, or order from a court in the United States or any other court that is recognized and given full faith and credit in Alabama.

How to Search for Judgments in Alabama

In Alabama, judgments are public information, meaning anyone can request access to these records. Listed below are a few ways to find judgment records in Alabama:

1. County Clerk or Circuit Clerk Offices

   – Every county in Alabama maintains a record of judgments filed in its courts. Interested persons can go to the clerk’s office to look up records. You may be required to provide a name or case number related to the case. Some offices might charge a small fee for copies.

2. Online Court Portals – Several counties in Alabama have online tools for searching cases. These portals let you search by case number, party name, or filing date. The records usually show the judgment amount, case details, and the names of the parties involved.

3. Third-Party Services – Several private record service providers offer online access to judgment records from different counties. While these can be convenient, they might not always have the latest information. Third-party websites can be cost-effective options. However, users should ensure that these platforms are updated regularly. A significant benefit of third-party platforms is that they collect judgment records from all jurisdictions in the county, meaning they serve as a one-stop shop to check judgments from various jurisdictions.

The information available in a judgment record usually includes:

• Case number
• Names of parties involved
• Date of judgment
• Amount ordered or type of relief granted
• The court where the case was heard

Judgment Records in Major Alabama Cities

Although judgment records are available statewide, the process of accessing them may vary slightly depending on the county or city.

• Birmingham (Jefferson County): The Circuit Clerk’s Office in Jefferson County maintains a lot of judgment and civil records. You can search for these records in person at the courthouse or by using the online databases that the Alabama Judicial System offers.
• Montgomery (Montgomery County): The Clerk’s Office in Montgomery County provides access to judgment records both online and in person. Online searches give users access to specific case information. However, you have to make a formal request at the courthouse to obtain certified copies of the judgment.
• Mobile (Mobile County): In Mobile County, you can search for judgments using the online system of the Alabama State Court. You can also go to the clerk’s office to request records, including certified documents.

While most counties have a similar structure, the differences in online tools and their accessibility mean that the processes may vary throughout Alabama. It is always a good idea to check the official website of the county before starting your search.

How Long Does a Judgment Last in Alabama?

In Alabama, a civil judgment is valid for 10 years after the date it was issued. Within this period, creditors can use legal methods to recover their debt. These methods may include wage garnishment, bank levies, and property liens.

Alabama allows renewal of a judgment before it expires. If a judgment is renewed correctly, the period during which it can be enforced is extended for another 10 years. However, a judgment cannot be renewed after 20 years from the original judgment date.

Not paying or settling the judgment within its enforceable time can still impact property ownership, wages, and financial opportunities.

What Happens After a Judgment Is Entered in Alabama?

Once a judgment is made, it becomes enforceable right away. The creditor has various ways to collect the debt, while the debtor has to deal with the legal and financial repercussions.

For Creditors:

• Wage Garnishment: Creditors can get a court order that tells the debtor’s employer to take a portion of their wages until the debt is paid off.
• Property Liens: A lien can be put on the debtor’s real estate or valuable assets, ensuring that payment is made when the property is sold or refinanced.
• Bank Levies: Creditors can ask the court to take money directly from the debtor’s bank accounts to satisfy the judgment amount.

For Debtors:

• Credit Reporting: Judgments usually show up on credit reports, which can greatly lower credit scores and make it harder to get loans or housing.
• Satisfaction of Judgment: After a debt is paid, the creditor is required to submit a “Satisfaction of Judgment” document to the court to show that the debt has been settled.
• Appeal or Motion to Vacate: If a debtor thinks the judgment was made by mistake, they can appeal the ruling or ask for the judgment to be canceled, especially in cases of default judgments.