Sued by a debt collector in Alabama

A debt lawsuit in Alabama usually gives you about 14 days to answer. What a default means, old debts as a defense and what to do.

Short answer

Alabama's deadline is shorter than in most states, so act fast. 14 days after you are served in District Court, which includes small claims (Ala. R. Civ. P. 12(dc)). If you do not answer or do not show up, the judge can decide the case without you and enter a default judgment. A debt older than Alabama's time limit for written contracts (6 years) can be a defense.

Time to answer
14 days
Time limit to sue (written contract)
6 years
Court self-help
Official page

The answer deadline in Alabama

Time to answer
14 days after you are served in District Court, which includes small claims (Ala. R. Civ. P. 12(dc)). 30 days in Circuit Court (Ala. R. Civ. P. 12(a)). Check your summons.
Court self-help
Alabama court self-help (official)

Our 48 state guides range from 14 to 30 days to answer; Alabama's 14 days is shorter than most.

In nearby states

What a default means in Alabama

If you do not answer or do not show up, the judge can decide the case without you and enter a default judgment. You have 14 days after a small claims judgment to appeal to Circuit Court.

After a judgment in Alabama

  • Wage limit: Federal limit applies: you keep 75% of your wages (Ala. Code § 6-10-7), and federal law also protects 30 times the federal minimum wage per week ($217.50).
  • Bank account: No separate bank account amount. Money in the bank can count toward the $7,500 personal property exemption (Ala. Code § 6-10-6).
  • Property: Home: the statute lists $15,000, or $56,400 if you are 62 or older or have a disability (Ala. Code § 6-10-2, amended by Act 2026-203).

Alabama's garnishment rules

Old debts as a defense in Alabama

Alabama's time limit to sue is 6 years for written contracts and 3 years for open accounts (Ala. Code § 6-2-34(4), (5) (6 years: written promises, loans, stated accounts); § 6-2-37 (3 years: open accounts); § 6-2-16). Be careful before you pay on an old debt in Alabama: A partial payment restarts the clock only if you make it before the time limit runs out. Under federal law, a collector must not sue or threaten to sue you on a debt that is too old to sue on (12 CFR 1006.26(b)).

Check Alabama's statute of limitations

Good to know before court in Alabama

  • If the debt comes from a consumer credit deal, a creditor cannot garnish your wages before it wins a court judgment (Ala. Code § 5-19-15).

Small claims court in Alabama

  • You have 14 days after a small claims judgment to appeal to Circuit Court.

Suing a collector who breaks the rules in Alabama

Alabama has no general state debt collection act. You can sue a debt collector under the federal FDCPA (15 U.S.C. § 1692k).

What to do if you are sued in Alabama

  1. Make sure the lawsuit is real

    Call or search the court yourself; don't use contact details from the papers.

  2. Count the days

    In Alabama: 14 days after you are served in District Court, which includes small claims (Ala. R. Civ. P. 12(dc)).

  3. Answer in writing

    Give the answer to the clerk and send a copy to the other side's lawyer. Start with Alabama court self-help (official).

  4. List your defenses

    Is it yours, is the amount right, did you pay, is it older than Alabama's 6 years for written contracts?

  5. Go to every hearing

    Bring every paper you have, and send a dispute letter so the collector must prove the debt.

Where to get free help in Alabama

Questions about debt lawsuits in Alabama

What is the deadline to respond to a collection lawsuit in Alabama?

14 days after you are served in District Court, which includes small claims (Ala. R. Civ. P. 12(dc)). 30 days in Circuit Court (Ala. R. Civ. P. 12(a)). Check your summons.

Can a collector win by default in Alabama?

If you do not answer or do not show up, the judge can decide the case without you and enter a default judgment. You have 14 days after a small claims judgment to appeal to Circuit Court.

Is an old debt a defense to a lawsuit in Alabama?

Alabama's time limit to sue is 6 years for written contracts and 3 years for open accounts (Ala. Code § 6-2-34(4), (5) (6 years: written promises, loans, stated accounts); § 6-2-37 (3 years: open accounts); § 6-2-16). Under federal law, a collector must not sue or threaten to sue you on a debt that is too old to sue on (12 CFR 1006.26(b)).

What should I know about small claims court in Alabama?

You have 14 days after a small claims judgment to appeal to Circuit Court.

Related Alabama pages

Sources

Last checked: Oct 24, 2026.

Federal sources