What Does An Appeal To Circuit Court In My Collection Case Mean

What Does An Appeal To Circuit Court In My Collection Case Mean?

Most collection cases in Alabama start off in District Court which includes Small Claims Court.  The losing party, however, has the option to appeal to Circuit Court within 14 days as a general rule.

When the appeal occurs, the case starts over in Circuit Court.  Either party can demand a jury.  Either party can serve discovery to gain information from the other side.  The Circuit Court judge does not base his or her decision on what happened in District Court. 

Here's the reason - you have a constitutional right to have a jury trial.  But in District Court there is no trial by jury.  So you have the right to appeal to Circuit Court and start your case over from scratch.

So, is this good or bad?

It depends (good lawyer answer, huh?).

But it is true.  If you lost, then the right to appeal is a wonderful thing.  You get a second chance.

But if you won your collection case and the other side appeals then you have to win again.

Just recognize and understand about the absolute right to appeal.  If you win your collection case understand the debt buyer could appeal.  If you happen to lose your collection case then you do have a "restart" or "do-over" button if you are willing to pay the price to appeal your case.

If you have been sued by a debt buyer (Unifund, Palisades, LVNV, etc) and would like our special report on THE FIVE SECRETS DEBT BUYERS DON'T WANT YOU TO KNOW ABOUT WHEN THEY SUE YOU IN ALABAMA then simply give us a call at 205-879-2447 or request it through our contact form on this website.