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Alabama Answer to a Complaint

Alabama gives you 30 days to answer a complaint under Rule 12(a), but only 14 days in district court and 7 for eviction. Miss it and you risk default.

Introduction

An Alabama Answer to a Complaint is the written response you file with the clerk of the court after you are served with a summons and complaint. It admits or denies the complaint's allegations, raises the affirmative defenses you intend to rely on, and, if you have a related claim, includes a counterclaim. The deadline is the part that catches Alabama defendants off guard, because it depends on the court. Under Ala. R. Civ. P. 12(a) a defendant in a general civil case must serve an answer within 30 days after service of the summons and complaint. But Ala. R. Civ. P. 12(dc) reduces that to 14 days for most district court actions, and to just 7 calendar days in an eviction or unlawful detainer case. Alabama has no single statewide answer form you are required to use, so unless you are using the eforms.alacourt.gov Answer to Complaint or the Small Claims Form SM-3, you type the answer as a pleading on a caption that complies with Ala. R. Civ. P. 10(a), then file it with the clerk of the court named in the summons and serve a copy on the plaintiff. Miss the deadline and the clerk can enter your default under Ala. R. Civ. P. 55(a). DocDraft drafts an Alabama-formatted answer from your facts, with attorney review available before you file.

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Key Things to Know

  1. 1

    Your deadline depends on the court. Under Ala. R. Civ. P. 12(a) you have 30 calendar days after service in a general civil case, but Ala. R. Civ. P. 12(dc) cuts that to 14 days for most district court actions and to 7 calendar days for eviction.

  2. 2

    Eviction is the fastest track. In a district court unlawful detainer or eviction action under Ala. R. Civ. P. 12(dc), you must serve your answer within 7 calendar days after service of the summons and complaint, with no weekend or holiday extension.

  3. 3

    Small claims still requires a written answer. Under Alabama Small Claims Rule F the defendant must file an answer with the clerk within 14 days after the summons and complaint are delivered, so a small claims case is not a no-answer, appear-on-the-date matter.

  4. 4

    There is no required statewide form. Alabama does not mandate a single answer form, so unless you use the eforms.alacourt.gov Answer to Complaint or the Small Claims Form SM-3, you type the answer as a pleading on a caption that complies with Ala. R. Civ. P. 10(a).

  5. 5

    There is no fee to file an answer, and a waiver exists. The answer filing fee is $0, and if you cannot afford other court costs you can file an Affidavit of Substantial Hardship and Order (Form C-10) based on income at or below 125% of the federal poverty guidelines or other substantial hardship.

  6. 6

    You can e-file or file on paper. Under Ala. R. Civ. P. 5(e) you file the answer in paper with the clerk or electronically through AlaFile, and under Ala. R. Civ. P. 5(b) you serve a copy on the plaintiff or their attorney by mail, electronic means, or hand delivery.

  7. 7

    A related claim may be compulsory. Under Ala. R. Civ. P. 13(a) a counterclaim that arises out of the same transaction or occurrence is compulsory and should be filed with your answer, and the statute of limitations on a written contract is six years under Ala. Code 6-2-34.

Key Decisions

Responding to the Allegations

Affirmative Defenses and Counterclaims

Filing and Serving Your Answer

Customize your Answer to a Complaint Template with DocDraft

IN THE [CIRCUIT / DISTRICT] COURT OF [COUNTY] COUNTY, ALABAMA

[PLAINTIFF NAME], Plaintiff, v. Case No. [CASE NUMBER] [DEFENDANT NAME], Defendant.

DEFENDANT'S ANSWER TO COMPLAINT

Comes now Defendant [DEFENDANT NAME] and answers the Complaint of Plaintiff [PLAINTIFF NAME] as follows.

I. RESPONSES TO ALLEGATIONS

  1. Answering paragraph 1 of the Complaint, Defendant [admits / denies / is without sufficient knowledge or information to admit or deny and therefore denies] the allegations.
  2. Answering paragraph 2 of the Complaint, Defendant [admits / denies / is without sufficient knowledge or information to admit or deny] the allegations. [Continue for each numbered paragraph of the Complaint.]

II. AFFIRMATIVE DEFENSES [State each affirmative defense you intend to rely on, for example: the claim is barred by the six-year statute of limitations on a written contract under Ala. Code 6-2-34; payment; release; fraud; accord and satisfaction; statute of limitations; res judicata.]

III. COUNTERCLAIM (if any) [State any claim you have against the Plaintiff. Under Ala. R. Civ. P. 13(a) a counterclaim arising out of the same transaction or occurrence is compulsory and should be filed with this answer.]

IV. PRAYER FOR RELIEF WHEREFORE, Defendant respectfully requests that the Court enter judgment in Defendant's favor, deny the relief sought in the Complaint, award Defendant the costs of this action, and grant any further relief the Court deems just.

Respectfully submitted,

[SIGNATURE] [DEFENDANT NAME], Pro Se [ADDRESS / PHONE / EMAIL]

CERTIFICATE OF SERVICE I certify that on [DATE] a true copy of this answer was served on [PLAINTIFF / PLAINTIFF'S ATTORNEY] under Ala. R. Civ. P. 5(b), by [mail / electronic means / hand delivery]. [SIGNATURE]

Alabama Requirements for Answer to a Complaint

Court-Dependent Answer Deadline

In a general civil case your answer is due within 30 calendar days after service of the summons and complaint under Ala. R. Civ. P. 12(a). In district court that period is reduced to 14 days for most actions, and to 7 calendar days in an eviction or unlawful detainer case, under Ala. R. Civ. P. 12(dc).

Small Claims 14-Day Answer

Alabama small claims does require a written answer. Under Alabama Small Claims Rule F the defendant must file an answer with the clerk within 14 days after the summons and complaint are delivered by a process server, certified mail, or commercial carrier, or a default judgment may be entered.

Pleading on a Rule 10(a) Caption

Alabama has no single required statewide answer form. Use the Answer to Complaint on eforms.alacourt.gov, the Small Claims Form SM-3, or type the answer as a pleading on a caption that complies with Ala. R. Civ. P. 10(a), naming the court, the parties, the case number, and the title Defendant's Answer.

File With the Court Clerk

File your answer with the clerk of the court named in the summons. Under Ala. R. Civ. P. 5(e) you can file in paper with the clerk or electronically through AlaFile. Circuit Court hears civil cases over $20,000, district court hears cases up to $20,000, and small claims up to $6,000.

Serve a Copy on the Plaintiff

Under Ala. R. Civ. P. 5(b), serve a copy of your answer on the plaintiff or the plaintiff's attorney by mail, by electronic means if they are registered, or by hand delivery, and keep proof that you served it.

No Answer Fee, Waiver Available

The fee to file an answer in Alabama is $0. If you cannot afford other court costs, file an Affidavit of Substantial Hardship and Order, Form C-10, based on income at or below 125% of the federal poverty guidelines or other substantial hardship, with the court hearing your case.

Affirmative Defenses

State each affirmative defense you intend to rely on, such as statute of limitations, payment, release, fraud, accord and satisfaction, estoppel, or res judicata. The statute of limitations on a written contract is six years under Ala. Code 6-2-34, and three years on an open account under Ala. Code 6-2-37.

Compulsory Counterclaim If Any

Under Ala. R. Civ. P. 13(a), a counterclaim that arises out of the same transaction or occurrence as the plaintiff's claim is compulsory and should be filed with your answer, or you can lose the right to bring it later. A claim from a different transaction may be raised as a permissive counterclaim under Ala. R. Civ. P. 13(b).

Frequently Asked Questions

In a general civil case, Ala. R. Civ. P. 12(a) requires you to serve your answer within 30 calendar days after the summons and complaint are served on you. The deadline is shorter in district court. Under Ala. R. Civ. P. 12(dc) the period is reduced to 14 days for most district court actions, and to 7 calendar days in an eviction or unlawful detainer case. A small claims defendant must file an answer within 14 days under Alabama Small Claims Rule F. Missing your deadline can lead to a default judgment.

Alabama does not require a single statewide answer form. You can use the Answer to Complaint available on eforms.alacourt.gov, or the Small Claims Form SM-3 in a small claims case, or you can type your answer as a pleading on a caption that complies with Ala. R. Civ. P. 10(a). Whichever you use, the answer admits or denies the allegations of the complaint and states any affirmative defenses you intend to rely on.

File your answer with the clerk of the court named in the summons. Under Ala. R. Civ. P. 5(e) you can file in paper with the clerk or electronically through AlaFile. General civil cases over $20,000 are heard in Circuit Court, district court hears civil cases up to $20,000, and small claims up to $6,000 are heard in the Small Claims division of district court. After filing, you serve a copy on the plaintiff.

The fee to file an answer in Alabama is $0. If you cannot afford other court costs, you can ask the court to waive them by filing an Affidavit of Substantial Hardship and Order, Form C-10. Eligibility is based on income at or below 125% of the federal poverty guidelines or other substantial hardship, and the affidavit is filed with the same court that is hearing your case.

Under Ala. R. Civ. P. 55(a), when a defendant has failed to plead or otherwise defend and that fact is shown by affidavit or otherwise, the clerk shall enter the defendant's default, which can lead to a default judgment. You may be able to set the default aside by filing a Motion to Set Aside Default within 30 days after entry of judgment under Ala. R. Civ. P. 55(c), where the court has discretion to set it aside if you show a meritorious defense and a lack of prejudice.

Yes, and you may be required to. Under Ala. R. Civ. P. 13(a) a counterclaim is compulsory if it arises out of the same transaction or occurrence as the plaintiff's claim, and it should be filed with your answer or you can lose the right to bring it later. A claim arising from a different transaction may be raised as a permissive counterclaim under Ala. R. Civ. P. 13(b).