Sued in Alabama? You may have only 14 days to answer
District Court (including small claims): 14 days. Circuit Court: 30 days.
Checked against official sources: Oct 24, 2026. · Free letters and forms ↓
Count your answer deadline in Alabama
Pick your court and the day you were served (got the court papers). We show the last day to answer and what to do next.
Alabama guides by topic
How to answer in Alabama
Your deadline by court, the official form, fees and defenses.
Default judgment in Alabama
What a default means and how to set it aside, with a calculator.
After a judgment in Alabama
Wage garnishment, bank levies and how to claim an exemption.
Debt buyer lawsuits in Alabama
What a debt buyer must prove, and old debts as a defense.
Which court hears debt cases in Alabama
District Court, small claims docket
Debt cases up to $6,000 go on the small claims docket of District Court. A debt buyer (a company that bought the debt) must use a licensed lawyer to sue there.
Law: Ala. Code § 12-12-31(a), (d)
District Court (regular civil docket)
Debt cases up to $20,000, not counting interest and costs. Above $6,000, Circuit Court can also hear them.
Law: Ala. Code §§ 12-12-30, 12-11-30(1)
Circuit Court
Debt cases over $20,000 must be filed here. It shares cases from $6,000 to $20,000 with District Court.
Law: Ala. Code § 12-11-30(1)
How to answer in Alabama
- How to answer
Fill out and sign a written answer and mail or deliver the original to the court clerk by the deadline. In District and Circuit Court you must also mail or deliver a copy to the plaintiff or its lawyer. In small claims a copy to the plaintiff is required only if you add a counterclaim, but the answer form asks you to send one anyway. Then still go to the trial date the court sends you.
- Official answer form
- Small claims: Defendant's Answer (Form SM-3). District or Circuit Court: Answer to Complaint (Form PS-19)
- If you can't pay the fees
Affidavit of Substantial Hardship and Order - Civil (Form C-10-CIVIL): https://eforms.alacourt.gov/media/na1j0cie/c-10-civil-affidavit-of-substantial-hardship-order-10-2026.pdf
- How you must be served
The sheriff or constable can hand you the papers, or a private adult (19 or older, not part of the case) can. The plaintiff can also ask the clerk to serve you by certified mail.
Law: Ala. R. Civ. P. 4(i)(1), 4(i)(2)
Law: Ala. R. Civ. P. 12(a), 12(dc), 5; Ala. Small Claims Rules C, F; Forms SM-3 and PS-19 (rev. 10/2026)
Defenses to know in Alabama
- Defenses in Alabama law
The statute of limitations (time limit to sue) is an affirmative defense: you must raise it in your answer. Payment, release and discharge in bankruptcy are also listed there. Most written debts have a 6-year limit; open accounts have 3 years.
Law: Ala. R. Civ. P. 8(c); Ala. Code §§ 6-2-34, 6-2-37
- Debt buyer lawsuits
- A company that bought or was assigned a debt cannot sue on the small claims docket without a licensed lawyer. Debt buyer lawsuits in Alabama: the full rules
- Time limit to sue (written contract)
- 6 years · More on old debts at Debt Collector Map
If you missed the deadline in Alabama
A default judgment means the court decides against you because you didn't answer. You may be able to ask the court to set it aside (cancel it), but time limits are short.
- What happens
If you do not answer or do not come to trial, the judge can enter a default judgment for what the plaintiff asked. For a set amount of money, the clerk can enter it.
- How to set it aside (cancel it)
File a motion to set aside the default judgment within 14 days after it is entered in District Court (including small claims), or within 30 days in Circuit Court. After that, a motion for relief from judgment under Rule 60(b) is possible: within 4 months for mistake, excusable neglect, new evidence or fraud, or within a reasonable time for other reasons, such as a void judgment.
Law: Ala. R. Civ. P. 55(b), 55(c), 55(dc), 60(b); Ala. Small Claims Rule K
Count your deadline to set aside a default
If there is a judgment in Alabama
A judgment is the court's decision that you owe money. Then the creditor can ask the court to take money from your pay or bank account.
- Interest after the judgment
A judgment on a contract earns interest at the rate stated in the contract. Other judgments earn 7.5% a year.
- How long it lasts
If no execution is issued for 10 years, the judgment is presumed paid and must be revived by a court motion before it can be collected. A judgment cannot be revived after 20 years from its entry.
Law: Ala. Code §§ 8-8-10, 6-9-190, 6-9-191, 6-9-192
Garnishment, bank levy and exemptions in Alabama
Exempt means protected by law: money or property the creditor can't take. Often you must claim it yourself, fast.
- Wage garnishment (taking part of your pay)
You keep 75% of your wages, and federal law also protects 30 times the federal minimum wage per week ($217.50). For consumer credit debts, state law uses the same federal formula.
Law: Ala. Code § 6-10-7; Ala. Code § 5-19-15
- Bank levy (freezing and taking money in your bank account)
The creditor serves a garnishment on your bank. The bank must answer the court within 30 days. There is no separate bank account amount, but money in the bank can count toward your $7,500 personal property exemption. Federal benefits like Social Security are generally protected.
Law: Ala. Code § 6-6-393; Ala. Code § 6-10-6
- How to claim an exemption
With the garnishment you get a notice of your right to claim exemptions (Form C-24D). To claim, fill out a Claim of Exemption listing all your wages and personal property, have it notarized, file it with the clerk, and mail or deliver a copy to the plaintiff. If you knew about the garnishment, file it before the court enters judgment against the garnishee. The plaintiff then has about 10 days to contest. If it does not contest within 15 days after you file, the garnishment is dismissed or reduced. If it contests, a hearing is first set within 7 days.
Law: Ala. R. Civ. P. 64A, 64B; Ala. Code § 6-10-29; Form C-24D
These garnishment limits are from our sister site, which checks them against official sources: Debt Collector Map: Alabama
Count your deadline to claim an exemption
Free help in Alabama
Court self-help
Free letters and forms
Ask the plaintiff's lawyer for the debt documents
The contract, the chain of ownership and an itemization of what they claim.
Help filling in Alabama's official answer form
Link to the official form and what to write on it.
Exemption claim cover letter
A letter to the court clerk to file with your exemption claim form.
Good to know in Alabama
- Alabama gives you only 14 days to answer in District Court and small claims, and only 14 days to ask to set aside a default there (Ala. R. Civ. P. 12(dc), 55(dc)).
- A judgment on a contract, like a credit card agreement, earns interest at the contract rate, not the 7.5% rate for other judgments (Ala. Code § 8-8-10).
- A debt buyer cannot sue on the small claims docket without a lawyer (Ala. Code § 12-12-31(d)).
Changes in 2024–2026
Act 2024-449 amended the civil filing fees in Ala. Code § 12-19-71. The court revised the answer forms SM-3 and PS-19, the hardship form C-10-CIVIL and the exemption notice C-24D in October 2026.
Federal rules in every state
- Where a collector must sue. A debt collector that sues you over a consumer debt must file where you signed the contract or where you live when the suit starts. Law: 15 U.S.C. 1692i(a)(2)
- Old debts. A debt collector must not sue you, or threaten to sue you, on a debt that is too old to sue on. Law: 12 CFR 1006.26(b)
- Before a default judgment. Before the court gives the plaintiff a default judgment, the plaintiff must file a sworn statement saying whether you are in military service. Law: 50 U.S.C. 3931(b)(1)
- Your pay. For an ordinary debt, a creditor can take at most 25% of your take-home pay, or the part above 30 times the federal minimum wage if that is less. Many states protect more. Law: 15 U.S.C. 1673(a)
- Federal benefits in the bank. Your bank must protect up to two months of Social Security, SSI, VA and some other federal benefits that were paid into your account by direct deposit. You don't have to ask. Law: 31 CFR 212.5, 212.6
Questions about debt lawsuits in Alabama
How long do I have to answer a debt lawsuit in Alabama?
14 days after you are served in District Court, including small claims. 30 days after you are served in Circuit Court. Check your summons.
How do I answer a debt lawsuit in Alabama?
Fill out and sign a written answer and mail or deliver the original to the court clerk by the deadline. In District and Circuit Court you must also mail or deliver a copy to the plaintiff or its lawyer. In small claims a copy to the plaintiff is required only if you add a counterclaim, but the answer form asks you to send one anyway. Then still go to the trial date the court sends you.
Is there an official answer form in Alabama?
Small claims: Defendant's Answer (Form SM-3). District or Circuit Court: Answer to Complaint (Form PS-19): https://eforms.alacourt.gov/media/gvbnikp2/ps-19-answer-to-complaint.pdf
What if I can't afford the court fees in Alabama?
Affidavit of Substantial Hardship and Order - Civil (Form C-10-CIVIL): https://eforms.alacourt.gov/media/na1j0cie/c-10-civil-affidavit-of-substantial-hardship-order-10-2026.pdf
What happens if I don't answer in Alabama?
If you do not answer or do not come to trial, the judge can enter a default judgment for what the plaintiff asked. For a set amount of money, the clerk can enter it.
Can I cancel a default judgment in Alabama?
File a motion to set aside the default judgment within 14 days after it is entered in District Court (including small claims), or within 30 days in Circuit Court. After that, a motion for relief from judgment under Rule 60(b) is possible: within 4 months for mistake, excusable neglect, new evidence or fraud, or within a reasonable time for other reasons, such as a void judgment.
How much interest does a judgment add in Alabama?
A judgment on a contract earns interest at the rate stated in the contract. Other judgments earn 7.5% a year.
How long does a judgment last in Alabama?
If no execution is issued for 10 years, the judgment is presumed paid and must be revived by a court motion before it can be collected. A judgment cannot be revived after 20 years from its entry.
Can my wages be garnished in Alabama?
You keep 75% of your wages, and federal law also protects 30 times the federal minimum wage per week ($217.50). For consumer credit debts, state law uses the same federal formula.
Can a creditor take money from my bank account in Alabama?
The creditor serves a garnishment on your bank. The bank must answer the court within 30 days. There is no separate bank account amount, but money in the bank can count toward your $7,500 personal property exemption. Federal benefits like Social Security are generally protected.
How do I claim an exemption in Alabama?
With the garnishment you get a notice of your right to claim exemptions (Form C-24D). To claim, fill out a Claim of Exemption listing all your wages and personal property, have it notarized, file it with the clerk, and mail or deliver a copy to the plaintiff. If you knew about the garnishment, file it before the court enters judgment against the garnishee. The plaintiff then has about 10 days to contest. If it does not contest within 15 days after you file, the garnishment is dismissed or reduced. If it contests, a hearing is first set within 7 days.
More help on our sister sites
Sources
- Ala. Code § 12-12-31 (small claims; assignees need a lawyer)
- Ala. Code § 12-12-30 (District Court jurisdiction)
- Ala. Code § 12-11-30 (Circuit Court jurisdiction)
- Ala. Code § 8-8-10 (judgment interest)
- Ala. Code § 6-9-191 (presumed satisfied after 10 years)
- Ala. Code § 6-9-190 (no revival after 20 years)
- Ala. Code § 6-6-393 (garnishee answers in 30 days)
- Ala. R. Civ. P. 12 (answer times)
- Ala. R. Civ. P. 4 (service)
- Ala. R. Civ. P. 8 (affirmative defenses)
- Ala. R. Civ. P. 55 (default)
- Ala. R. Civ. P. 60 (relief from judgment)
- Ala. R. Civ. P. 64A (notice of right to claim exemption)
- Ala. R. Civ. P. 64B (claim of exemption and contest)
- Form SM-3 Defendant's Answer (small claims)
- Form PS-19 Answer to Complaint
- Form C-24D Notice of Right to Claim Exemption from Garnishment
- Form C-10-CIVIL Affidavit of Substantial Hardship
- A Guide to Alabama Small Claims Courts
- Alabama Small Claims Rules (Rules A-N)
- Ala. Small Claims Rule F (deadline for answer)
- Ala. Small Claims Rule K (default)
Last checked: Oct 24, 2026.
- Venue for debt collection suits, 15 U.S.C. 1692i
- Time-barred debts, 12 CFR 1006.26 (Regulation F)
- Default judgments and servicemembers, 50 U.S.C. 3931
- Restrictions on garnishment, 15 U.S.C. 1673
- Federal benefit payments in bank accounts, 31 CFR part 212
- CFPB: What should I do if I'm sued by a debt collector or creditor?