Sued by a debt buyer in Alabama
The extra rules for debt buyer suits, and how to use them in your answer.
Checked against official sources: Oct 24, 2026.
Short answer
A debt buyer is a company that bought an old debt and now sues to collect it. A company that bought or was assigned a debt cannot sue on the small claims docket without a licensed lawyer.
- Time limit to sue (written contract)
- 6 years
- Time to answer
- 14 days
Alabama rules for debt buyer lawsuits
- A company that bought or was assigned a debt cannot sue on the small claims docket without a licensed lawyer.
- No other special Alabama pleading rule for debt buyers was found.
Law: Ala. Code § 12-12-31(d)
What can defeat the claim in Alabama
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
Old debts in Alabama
A written-contract debt in Alabama must be sued on within 6 years. Raise an older debt as a defense in your answer.
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)
In nearby states
What to do in Alabama
Look at the name
A company you never dealt with may have bought the debt. Its name is on the summons.
Make them prove it
A documents request letter asks for the contract and proof of ownership.
File your answer
In Alabama: 14 days after you are served in District Court, including small claims.
Raise every defense
Point out any missing proof of ownership or amount.
Ask for free help
Free help: Alabama Legal Help (legal aid, LawHelp network).
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)
- If the collector broke the law. You can sue a debt collector that broke the federal debt collection law within 1 year, for your losses, up to $1,000 more and your lawyer's fees. Law: 15 U.S.C. 1692k
Where to get free help in Alabama
Questions about debt buyer suits in Alabama
Are there special rules when a debt buyer sues in Alabama?
A company that bought or was assigned a debt cannot sue on the small claims docket without a licensed lawyer. No other special Alabama pleading rule for debt buyers was found.
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.
Can a debt buyer sue on an old debt in Alabama?
A written-contract debt in Alabama must be sued on within 6 years. Raise an older debt as a defense in your answer.
Related Alabama pages
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.