“When can I be sued in Circuit Court in Alabama by a debt collector?”

What is Circuit Court?One question that may come to mind when you’re dealing with a debt collector is, “What is Circuit Court, and at what point can my case be filed in Circuit Court?”

In this article we will help you understand this particular court.

“How much does a debt collector need to sue me in order for the case to be filed in Circuit Court?”

If you are sued for below $6,000, then your case will be Small Claims Court.

If it is between $6,000 and $10,000, it can be in District Court or it can be in Circuit Court.

If the amount of lawsuit is $10,000 or above, the collection case has to be filed in Circuit Court.

“What’s the difference in District Court and Circuit Court?”

The biggest difference is the complexity of the Circuit Court.

You can read (or watch) about the typical process of being sued in District Court and going to trial but here is a quick summary:

  • You get served
  • You file an answer
  • You get a trial date
  • You go to trial

With Circuit Court, here is a summary:

  • You get served
  • You file an answer
  • You get a scheduling conference order
  • You go to the scheduling conference and talk about the case with the judge and the other side
  • The judge picks out the dates and deadlines
  • The judge enters an order with the trial date and the deadlines
  • Both sides can start the discovery process
  • Either side can then move for summary judgment
  • A pre trial hearing is held
  • Trial is held

So its not just that the amount of money is almost always higher in Circuit Court than in District Court — it is that the rules are much more complicated.  District Court is pretty straightforward — you file your answer and go to trial.

Circuit Court has many more twists and turns, each of which pose danger to you.  You can get lost (and lose your case) before you even get to trial.

It can be overwhelming to think about dealing with a debt collector in Circuit Court so give us a call and we’ll help you think through your options

If you have any questions about your 5 options, you can look at our in depth article about what to do when a debt collector is threatening to sue, or has already sued you.

If you have any questions and you live in the state of Alabama, feel free to call us at 1-205-879-2447.

You can also reach us through our contact form.

We will happily help you figure out your plan of action against debt collectors in Alabama.

I look forward to talking with you.

Have a great day!

-John G. Watts

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