Below are the required steps and rules for filing an Answer to a debt collection lawsuit in the state of Alabama. If you received a Summons and Complaint, you must respond within the deadline that applies to your court type to avoid a default judgment.
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1. Alabama Answer Deadlines
The deadline to respond depends on which Alabama court has jurisdiction over your case. You can find the court name at the top of your Summons.
- Circuit Court (Civil Court)
- Deadline: 30 days from the date you were served.
- Case amount: Usually $10,000 or more, or cases appealed from lower courts.
- District Court
- Deadline: 14 days from the date you were served.
- Case amount: Usually between $3,000 – $10,000.
- Small Claims Court
- Deadline: 14 days from the date you were served.
- Case amount: Under $3,000.
Warning: Failing to respond before these deadlines will likely result in a default judgment, allowing the collector to garnish your wages or seize your bank account.
2. Alabama Answer Filing Fee
The Good News:
There is typically no fee to file an Answer in Alabama. You can file your Answer by mail or in person without paying the court clerk.
- Note: Some courts may charge fees for other documents (such as counterclaims or motions), but the standard Answer defense is generally free to file.
Pro Tip: Even though Alabama has no filing fee, mailing costs apply. When you use DebtAegis, our system provides clear instructions on exactly how to mail your documents to ensure they are accepted.
3. How to File Your Answer in Alabama
Alabama generally requires self-represented defendants (pro se) to file their Answer either by mail or in person. Electronic filing is typically reserved for attorneys.
A. Filing by Mail (Recommended)
This is the most convenient method. You must mail two copies of your signed Answer:
- Copy 1: To the court (Clerk of Court).
- Copy 2: To the plaintiff’s attorney.
Where to find the addresses:
- The court’s address is listed in the first paragraphs of the Summons.
- The plaintiff attorney’s address is normally at the top left of the Complaint.
Mailing Rules:
- Use USPS Certified Mail with Return Receipt.
- This provides legal proof that your Answer was delivered to the court and the plaintiff.
💡 The DebtAegis Advantage: Not sure what to write on the envelope or the “Certificate of Service”? Our Filing Instructions Sheet (included with every order) guides you step-by-step so you have bulletproof evidence of your filing.
B. Filing In Person
You may also file your Answer by physically visiting the courthouse listed on your Summons.
- Bring: At least two printed and signed copies of your Answer.
- Bring: The original Summons and Complaint for reference.
- Action: Ask the clerk to file your Answer and stamp your copy for your records.
4. Serving the Plaintiff
Alabama law requires you to send a copy of your Answer to the plaintiff (or the plaintiff’s attorney) at the same time you file with the court.
- Mailing is the standard method.
- As mentioned above, Certified Mail is strongly recommended to keep proof of service in case they claim they never received it.
5. Important Alabama-Specific Notes
- No Filing Fee: Alabama does not charge a fee to file a standard Answer.
- Strict Deadlines: Most defendants must respond within 14 or 30 days, depending on court type. Do not wait until the last day.
- Paper Filing: Self-represented defendants usually cannot file Answers online; rely on mail or in-person filing.
- Receipt Rule: Your Answer must arrive at the court before the deadline (not merely be mailed before the deadline).
- Statute of Limitations: The Alabama statute of limitations for most credit card debt is 3 years.
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