What Appeal Option Is There In District Or Small Claims Court In Alabama?
“What Appeal Option Is There In District Or Small Claims Court In Alabama?”
What if you win? Does the debt collector have any options?
The simple answer is yes. Whoever loses in small claims or in district court can appeal. Normally whoever loses has 14 days to appeal. The reason is at this lower level of district court or small claims court, we have no right to a jury trial, but at the higher level circuit court, we have the right to a jury trial.
What does that mean? We have a constitutional right in our state to have a jury trial. But if you’re here in small claims or district court, there is no jury trial, so you have to have the right to go up to the higher court and be able to get a jury trial.
That’s true whether you lose – you have the right to appeal – or whether you win your case – the debt collector has the right to appeal, because the debt collector also has a right to a trial by jury.
Keep in mind that there are these options.
Whether you win, whether you lose, there is always that 14 days. From the date of whoever wins or loses, there are 14 days from that date to appeal to what’s called circuit court, and then it starts all over, what’s called de novo. It just means you begin again.
I hope that this is helpful to you. If you are just starting the process – maybe you’ve just been sued, or you are afraid you’re going to be sued – keep in mind we have a video on your five options that we recommend everybody consider if you’ve been sued.
Briefly, those options are to consider:
- Bankruptcy – it’s very rare that it’s appropriate, but occasionally it works.
- You can fight it on your own (normally a good choice).
- You can settle it on your own.
- Or you can hire a lawyer to fight it (also a good choice).
- You could even hire a lawyer to settle it.
In other words, there’s bankruptcy, and then there are the do-it-yourself options and the hiring an attorney options. Definitely check out that video, and there’s a related article we think will be helpful to you.
If this article has been good for you, feel free to share it or comment below, and you can also contact us at (205) 879-2447 – or you can contact us through our website.
Thanks, and have a great day.