How to Answer a Debt Collection Summons in Alabama (2025)

Getting sued for a debt creates stress and confusion. You can respond successfully and protect your rights.

Alabama gives you limited time to respond to a debt lawsuit. Circuit Court cases allow 30 days. District and Small Claims Court cases only give you 14 days.

Missing the deadline results in automatic loss. The court enters a default judgment against you. Collectors can then garnish your wages or seize property.

Know Your Alabama Debt Lawsuit Deadline

Your response deadline depends on which court handles your case.

Circuit Court handles debt lawsuits over $10,000. You have 30 days to respond after receiving the Summons and Complaint.

District Court manages cases between $3,000 and $10,000. You only have 14 days to file your Answer.

Small Claims Court oversees debts under $3,000. You also have just 14 days to respond.

Alabama Rules of Civil Procedure Rule 12(a) establishes these deadlines. The clock starts when you receive the lawsuit papers. Count carefully and respond quickly.

Ignoring the lawsuit guarantees you lose. Default judgments allow collectors to pursue aggressive collection actions immediately.

Alabama Answer Forms and Documents

You don’t need an attorney to respond to a debt lawsuit. Representing yourself saves money and time.

Our partner Solo makes drafting your Answer simple. Answer a few questions about your case. The system creates a proper legal response in minutes.

Alabama courts also provide official forms you can use:

• Alabama Answer to Complaint form for general cases
• Small Claims court answer forms
• E-filing system for electronic submission
• Standard civil court forms

Choose the form matching your court type. District and Small Claims cases use different forms than Circuit Court.

No Filing Fee for Your Answer in Alabama

Alabama doesn’t charge to file an Answer document. You can submit your response without paying court fees.

Some Alabama courts may charge for other documents. Counterclaims or special motions sometimes require fees. Check with your specific court.

The Answer itself always files for free. Take advantage of this benefit.

Three Steps to Respond to Your Debt Lawsuit

The Summons and Complaint arrive by mail. These official court documents notify you of the lawsuit.

The plaintiff is the company suing you. Usually it’s a debt collector. You are the defendant.

Follow these three steps to fight back:

Step 1: Answer Each Complaint Allegation

Read the Complaint carefully. Each numbered paragraph makes a claim against you.

You respond to each claim three ways:

• Admit: You agree with the statement
• Deny: You disagree and make them prove it
• Lack knowledge: You don’t have enough information

Most attorneys recommend denying as many claims as possible. The burden of proof falls on the plaintiff. They must provide evidence supporting each claim.

Debt collectors often lack proper documentation. Original creditors may not transfer complete records. Missing proof leads to case dismissal.

Example: LVNV Funding buys charged-off credit card accounts. They purchase debt for pennies on the dollar. LVNV files thousands of lawsuits hoping defendants won’t respond. When defendants deny claims and demand proof, LVNV often dismisses cases. They can’t provide required documentation.

Step 2: Assert Your Affirmative Defenses

Affirmative defenses explain why you shouldn’t lose the lawsuit. Include these in your Answer document.

Common affirmative defenses for debt cases:

• Mistaken identity – the account isn’t yours
• Canceled contract – you don’t owe anything
• Expired statute of limitations
• Debt already paid or partially paid
• Improper co-signer notification
• Lack of standing – plaintiff doesn’t own the debt
• Violations of Fair Debt Collection Practices Act

Alabama Rules of Civil Procedure Rule 8(c) lists acceptable affirmative defenses. Include any that apply to your situation.

Unable to pay isn’t a legal defense. Financial hardship doesn’t win lawsuits. Stick to legitimate legal defenses.

Step 3: File Your Answer and Serve the Plaintiff

Filing your Answer completes your response. Alabama requires specific procedures.

Print two copies of your completed Answer document.

Mail one copy to the court clerk. The court address appears in your Summons.

Mail the second copy to the plaintiff’s attorney. Their address appears on the Complaint’s first page.

Your Answer must arrive before the deadline. Circuit Court allows 30 days. District and Small Claims Courts require filing within 14 days.

Remember – no filing fee applies to Answers. The court processes your response at no cost.

Our partner Solo can file your Answer directly. They handle mailing and ensure proper delivery.

Check Alabama’s Statute of Limitations on Debt

Debt collectors frequently sue on expired debts. Always verify the statute of limitations before responding.

Credit card debt expires after three years in Alabama. Collectors cannot sue once three years pass from your last account activity.

Other debt types have six-year limits:

• Medical debt – 6 years
• Personal loans – 6 years
• Auto loans – 6 years
• Mortgage debt – 6 years
• Student loans – 6 years

Judgments remain enforceable for 20 years in Alabama.

Never make payments on old debt without checking the statute of limitations first. A single payment restarts the clock. You give collectors new rights to sue.

Alabama Code § 6-2-37(1) establishes the three-year limit on credit card accounts. Alabama Code § 6-2-34 sets six-year limits on written contracts and promissory notes.

Example: Joe hasn’t paid his credit card in five years. Debt collectors start calling daily. Joe researches and discovers his debt expired two years ago. When collectors file a lawsuit, Joe uses the expired statute of limitations as an affirmative defense. The collection agency dismisses the case.

Alabama Legal Aid Resources

Free legal help is available throughout Alabama. Several organizations assist people representing themselves.

Legal Services Alabama
1820 7th Ave North, Suite 200
Birmingham, AL 35203
866-456-4995
info@legalservicesalabama.org

Alabama State Bar
PO Box 671
Montgomery, AL 36101
334-269-1515

Alabama Legal Help
Online resources at alabamalegalhelp.org

Contact these organizations for guidance. They provide free assistance to qualifying individuals.

Respond to Collection Notices Before Lawsuits

You haven’t been sued yet? Respond to collection notices immediately.

Send a Debt Validation Letter when collectors first contact you. This formal request demands proof you owe the debt.

Collectors must stop collection activities until they provide validation. They cannot call or send letters. They must prove the debt belongs to you.

The Fair Debt Collection Practices Act gives you 30 days to request validation. Use this time wisely.

Many debt collection agencies lack proper documentation. Original creditors don’t always transfer complete records. Missing documentation means collectors must cease collection efforts.

Debt Validation Letters prevent many lawsuits. Collectors often give up when challenged properly.

Alabama Debt Collection Laws Protect You

Federal Fair Debt Collection Practices Act governs Alabama debt collection. The FDCPA protects consumers from abusive practices.

Debt collectors cannot:

• Call before 8:00 AM or after 9:00 PM
• Call repeatedly within 24 hours to harass you
• Threaten arrest or jail time
• Misrepresent their identity or authority
• Contact you after learning you have an attorney
• Use profanity or abusive language
• Discuss your debt with third parties
• Make false statements about the debt amount

Collectors violating FDCPA face penalties. File complaints with the Consumer Financial Protection Bureau.

Alabama has no additional state-specific debt collection laws. Federal law provides your primary protection.

Find Your Alabama Court Case Status

Alabama offers paid case lookup service through Just One Look. Access case information for all Alabama courts.

Alternatively, call your county Clerk of Court office. Provide your name and case number. Request case status updates.

Visit the courthouse in person to review your case file. Court clerks provide copies of lawsuit documents.

Stay informed about court deadlines and hearing dates. Missing court appearances leads to default judgments.

Understanding Wage Garnishment in Alabama

Winning a lawsuit allows collectors to garnish wages. Alabama permits garnishment of 25% of your disposable earnings.

Alabama Code § 5-19-15 limits garnishment to the lesser of:

• 25% of weekly disposable earnings, or
• Amount exceeding 30 times federal minimum wage ($7.25)

Disposable earnings mean your net pay after taxes. Collectors cannot take 25% of gross income.

Wage garnishment continues until the debt is fully paid. Interest and fees increase the total amount owed.

Prevent wage garnishment by responding to lawsuits. Default judgments trigger garnishment orders.

Settle Your Debt to Stop Lawsuits

Debt settlement stops collection actions. Negotiate to pay less than the full balance.

Offer approximately 60% of the total debt. Start lower to leave negotiating room. Many collectors accept reasonable settlement offers.

Taking someone to court costs money. Collectors often prefer guaranteed partial payment over expensive litigation.

Get settlement agreements in writing before paying. Confirm the collector reports the account as “paid as agreed” or deletes it entirely.

Example: John owes $6,000 on a personal loan. He offers $3,200 to settle. The lender counteroffers $4,000. John responds with $3,500. The lender accepts, saving John $2,500.

Debt settlement impacts your credit score less than judgments or bankruptcy. Settled accounts show you resolved the debt.

Explore Alabama Debt Relief Options

Rising costs and inflation increase Alabama household debt. Average salaries remain below national levels while expenses climb.

Three primary debt relief options exist: debt settlement, debt consolidation loans, and bankruptcy.

Debt Settlement Programs

Debt settlement reduces your total balance. Negotiate with creditors to pay less than you owe.

Settlement works best before legal action starts. Respond to collection notices quickly.

Some companies offer debt settlement services. They negotiate on your behalf for a fee. Compare costs carefully before hiring help.

Debt Consolidation Loans

Consolidation loans combine multiple debts into one payment. You borrow money to pay off existing debts.

Consolidation works when you qualify for reasonable interest rates. Recent rate increases make some consolidation loans expensive.

Read all loan documents carefully. Verify the interest rate and total repayment amount. Some consolidation loans cost more than keeping separate debts.

Benefits include simplified payments and potentially faster debt repayment. Consolidation shouldn’t damage your credit score when done properly.

Bankruptcy as Last Resort

Bankruptcy erases many consumer debts. Consider it only after exhausting other options.

Chapter 7 bankruptcy eliminates most unsecured debt. No repayment required. Stays on credit reports for 10 years.

Chapter 13 bankruptcy creates repayment plans. You pay some debts over 3-5 years. Remains on credit reports for 7 years.

Bankruptcy severely impacts your financial life. Renting apartments, buying cars, and obtaining credit becomes difficult. Mortgage approval may be impossible for years.

Exhaust all alternatives before filing bankruptcy. Settlement and consolidation preserve your credit better.

Challenge Default Judgments

Already have a default judgment against you? You can still take action.

Default judgments occur when defendants don’t respond to lawsuits. Courts automatically rule for plaintiffs.

Judgments include court costs, attorney fees, and interest. The total exceeds your original debt significantly.

Default judgments enable:

• Wage garnishment from your paycheck
• Property liens preventing sales or transfers
• Seizure of personal property
• Interception of tax refunds

Challenge default judgments by proving improper service. You must have received proper notice. Moving without updating your address creates service issues.

Request validation even after judgment. Collectors must prove debt ownership. Missing documentation can vacate judgments.

Verify the statute of limitations. Judgments issued after expiration can be dismissed.

Act quickly when discovering default judgments. Time limits apply to challenge procedures.