How long do I have to answer a creditor or debt collector lawsuit in Alabama?

Filing an answer with the Court after you have been served with a lawsuit by a creditor or debt collector is the first and one of the most important steps in protecting your rights.  Creditors and debt collectors often file complaints with vague and general conclusions about what you owe.  They are not required to provide all the documentation in the complaint.  The complaint is just meant to let you know the basis and amount of the lawsuit.  However, when many people are served with the lawsuit and see it for the first time, they assume everything in it is true without seeing the proof or calculations.  They then fail to file an answer and the creditor or debt collector obtains a default judgement against them.  This means they win without ever having to really prove their case.

Creditors and debt collectors can file for a default judgment after a certain amount of time of the lawsuit being served.  The time frame is different for different levels of Court.  You can tell which Court you are in by the name at the top.  It should say Small Claims, District, or Circuit.  In Small Claims and District Court, the timeframe to respond is 14 days from the date of service.  In Circuit Court, the timeframe is 30 days from the date of service.  It is important to get an answer filed within the timeframe.

An answer can be filed by going to the civil court clerk’s office at the county courthouse and filing out the appropriate form.  Standard forms can also be found online.

Once an answer is filed, the Court sets the case for trial.  In Small Claims and District Court, this is usually within a couple of months. During this time, you can hire an attorney to represent you or try to work out a deal with the other side.  In Circuit Court, where the amounts are over $10,000.00, you have the opportunity to file discovery.  This allows you to ask the creditor or debt collector to provide proof of the lawsuit before trial.

If you have been sued by a creditor or debt collector, please contact us for a free consultation to discuss your case.  We are available to represent consumers all over Alabama and Texas.