Can I appeal my collection case if I lose?
If you’ve lost your collection case, you may be thinking, “is there any way I can appeal my case in Circuit Court?”
Good news, you can appeal your collection case to Circuit Court
If your case was in Small Claims or District Court, you have the right to appeal.
As a reminder, there’s Small Claims Court, District Court, and Circuit Court.
This means that Circuit Court is the highest court.
You have 14 days to appeal, which you need to be mindful about that.
The idea is that you have a right to a trial by jury; however, there are no jury trials in Small Claims or District Court. So if you are sued in Small Claims or District Court, you can appeal to Circuit Court and have the option (but not the requirement) to have a jury trial.
What do I need to do to appeal?
Normally, you go down to the clerk’s office and show them your case — you can take the order ruling against you.
Then you let them know that you would like to appeal your case, and that you’re appealing within the 14 day time limit.
They will give you a form to fill out.
Then you’ll write them a check for whatever amount they tell you.
I would recommend calling the clerk’s office ahead of time, just to see if they want a regular check or a cashier’s check.
It varies depending on your court.
In addition to asking about the check, it’s a good idea to make sure that you have everything you need before doing down to the court, including the right amount of money.
Once you appeal to Circuit Court, it’s like the case starts over completely
When you get to Circuit Court, anything that happened in Small Claims or District Court disappears.
If you lose in Small Claims or District Court it’s very frustrating and unfortunate; however, you do have the option to appeal.
Feel free to contact us
Hope this was helpful to you.
If you live in Alabama, and this is happened to you, and you’d like to know your options, feel free to call us at 1-205-879-2447.
Have a great day.
PS — remember when you are sued (and when you have appealed) you have five (5) options that you must consider:
- Bankruptcy (rarely is this the right choice)
- Fight the lawsuit on your own
- Settle the lawsuit on your own
- Hire a lawyer to fight the lawsuit
- Hire a lawyer to settle the lawsuit.