Answer an Alabama Debt Collection Summons in 3 Simple Steps

Getting sued for debt feels overwhelming. But answering a debt lawsuit is simpler than you think. You fill out an official answer form. You tell the court why you disagree with the lawsuit. You file the paperwork with the court. Then you send a copy to the person suing you. After that, you wait for the court to notify you about next steps. If you contest the lawsuit, the court schedules a hearing date. Both sides get to present their story.

How Debt Collection Lawsuits Work in Alabama

You fall behind on bills. Your debt eventually goes to an in-house or third-party debt collector. The collector calls you repeatedly. They send written notices. If their efforts fail, they may sue you to collect the debt.

The amount determines which court hears your case. Claims of $6,000 or less go to small claims court. Claims between $6,000 and $20,000 go to district court. Most credit card and medical debt lawsuits involve $3,000 or less. Many cases end up in small claims.

How You Know You’ve Been Sued in Alabama

The court sends you official notice when a debt collector sues you. The notice is called a summons. You also receive a copy of the plaintiff’s claims against you. In Alabama, the claims document is called a statement of claim or complaint. The plaintiff is the person suing you.

What a Court Summons Contains

The summons is official notice from the court. You’ve been sued. The summons contains critical information including:

• The name of the court hearing your case
• The plaintiff’s name and address
• The defendant’s name and address (that’s you)
• The deadline to respond to the lawsuit

What the Statement of Claim Reveals

The statement of claim outlines the plaintiff’s claims against you. It states how much they believe you owe. The amount can include the original debt plus interest, legal fees, and court costs. The statement explains why the plaintiff thinks you owe the debt. Read this section carefully. It may reveal how to defend yourself against the debt collector in court.

Your Deadline to Respond to an Alabama Debt Summons

Alabama gives you very little time to reply. You have only 14 days to respond to debt collection lawsuits. Your response must be filed with the court listed on the summons.

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How to Fill Out a Small Claims Answer Form

You reply to the lawsuit by filling out a court-provided answer form. Most courts include an answer form with the summons and complaint. If you receive one, some information may already be filled in. Information like the case number, court name, and clerk’s details. If not, you fill it in yourself.

You can also download the form from the court’s website. It’s a simple one-page form with three main parts.

Step 1: Complete the Court Information

The top section is easy to complete. Just have your summons and complaint forms handy. You need to fill in:

• The case number
• The county court name hearing your case
• The plaintiff’s name and address
• Your name and address (the defendant)

Step 2: Complete Part 1 of the Answer Form

The form provides brief instructions first. Then you enter your response by checking one of four boxes.

• Check box A if the lawsuit was filed in the wrong county. You want the case transferred to where you live or work.
• Check box B if you agree you owe the debt. You don’t want to contest it. You admit the debt collector’s statement of claim is true. (You’ll have to pay the debt.)
• Check box C if you believe you owe part, but not all, of the debt.
• Check box D to deny that you owe the debt.

If you check box C or D, you must add a brief explanation. The blank space below is where you include any defenses.

Understanding Affirmative Defenses

A basic denial is a defense. If the debt collector’s complaint contains false information, you deny it. You show any evidence supporting your position.

Many debt collectors get information wrong. You may have an affirmative defense to win the lawsuit or get it dismissed. An affirmative defense is a reason the plaintiff shouldn’t win. It’s based on information they didn’t include or got wrong in their complaint.

The most common affirmative defenses in debt collection cases include:

• The debt is past the statute of limitations. Credit card or medical debt more than six years old may be past Alabama’s statute of limitations. If true, this is a strong defense. (Note: The statute for credit card debt has been interpreted differently by different courts. In some cases, it’s been as short as three years.)
• You already paid the debt. You paid the original creditor or the debt collector. You can raise this as an affirmative defense. You’ll need proof of payment as evidence.
• The debt isn’t yours. When debt gets sold to third parties, information gets lost or miscommunicated. Check the name, account number, and personal identifying information. If the debt isn’t yours, raise this defense.

Step 3: Complete Part 2 and Make Copies

Sign the form where it says “Defendant.” If the answer form came with your summons, the clerk’s information is probably filled in. The address shows you where to send the completed form by mail.

Keep the clerk’s phone number handy. You may have questions about next steps. You may need to reschedule future hearings. You can call the clerk.

After completing the form, make two copies. Keep one for yourself. File the original with the court. Send the final copy to the plaintiff.

Step 4: File With the Court and Serve the Plaintiff

You can file your small claims answer form by mail or in person. You only have 14 days to respond. Get the form in the mail immediately. Or file in person so you know the clerk received it. If you mail your forms, call the clerk after a few days. Confirm they received your answer form.

If the clerk doesn’t have the form within 14 days, the judge assumes you aren’t contesting the debt. You may lose the case automatically.

What Happens After You Respond

After you respond to the lawsuit, the court sends a notice of trial. The notice tells you when and where your hearing will be. It includes instructions for preparing for trial. It also reminds you that you’ll lose if you don’t show up.

Prepare your case well before your trial date. Be ready to tell the judge you want to see proof. Proof that the debt collector actually owns the debt. Proof they can legally collect on it. Gather any evidence supporting your affirmative defenses. Receipts, bank statements, credit card statements, call logs with notes from debt collection calls. Any documents that back up your case.

How to Fill Out a District Court Answer Form

If you’re not sued in small claims, your case goes to district court. The response process is very similar. Read the instructions above carefully. You may not receive an answer form with the summons and complaint. You can download one from the court website. You may also be able to simplify the process by e-filing your form.

The district court answer form has easy-to-follow instructions. Complete the court and case information at the top. Then check the lettered box that best fits your response:

• Box A says you don’t believe you owe the plaintiff any money. You want them to prove their case.
• Box B says you admit you owe some money. But the plaintiff got the amount wrong.
• Box C says you admit to owing what the plaintiff claimed. You agree to pay the debt and any accrued interest at 12%.
• Box D tells the court you want to file a counterclaim.
• Box E requests the court to dismiss the case for two reasons:
• The debt account is too old (past the three-year statute of limitations)
• The plaintiff didn’t properly serve the complaint

Check the relevant box. Add a brief explanation if needed. Make two copies of the form. File the original with the court electronically, by mail, or in person. Keep a copy for yourself. Mail or personally deliver the other copy to the plaintiff or their lawyer. When you sign and date the answer form, you attest that you’ve served the paperwork to the plaintiff.

What Happens If You Don’t Respond

Facing a debt collection lawsuit feels daunting. But responding is easier than most people think. It’s well worth doing. If you don’t respond, the court may issue a default judgment against you. A default judgment is a court order authorizing the debt collector to take your money. They can use wage garnishment or a bank levy.

Debt collectors often count on defendants not responding. It makes their job easier. But you can shift the balance by responding to the lawsuit. It signals that you’re prepared to challenge the claim. If the debt collector can’t prove the debt in court, they may drop the case. Or they may contact you to settle the debt for far less than the total you owe.

You can negotiate a debt settlement agreement after you’re served with a summons. Just continue to follow all court deadlines and procedures. Send in your answer on time. Show up to scheduled hearings if you haven’t sent a copy of the agreement to the court. If you don’t, you can lose the lawsuit. Even if you’re negotiating in good faith with the creditor.

Already Have a Default Judgment Against You?

The judge has already issued a default judgment against you. You may still be able to get it removed. File a motion to vacate (cancel) the judgment. Filing a motion is just more paperwork. A motion is a formal request to the court. The process can get complicated and comes with strict deadlines. Contact the court clerk. Tell them a default judgment was issued against you. Ask if you can do anything to have it canceled.

The clerk can’t give legal advice. But they can tell you if there’s a process to contest the judgment.

Need help responding to your Alabama debt collection summons? Our partner Solo can guide you through the process and help you settle your debt for less.

Where to Get Legal Help

• Legal Services Alabama provides free or low-cost legal help for qualified individuals.
• The Alabama State Law Library has resources for individuals representing themselves in court. Law librarians can help you access legal resources. They provide guidance on legal research methods. They can’t give legal advice though.
• The Alabama State Bar lists legal clinics offering free or low-cost legal services. Clinics provide advice and representation to individuals.