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    MPhillips70's Avatar
    MPhillips70 Posts: 1, Reputation: 1
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    #1

    Jun 21, 2008, 08:53 AM
    Where can I find a form for the state of AL. in answering a plaintiff's clamplaint.
    Where can I find a form for the state of AL. in answering a plaintiff's clamplaint.
    IM4U's Avatar
    IM4U Posts: 156, Reputation: 16
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    #2

    Jun 21, 2008, 09:52 AM
    Quote Originally Posted by MPhillips70
    Where can I find a form for the state of AL. in answering a plaintiff's clamplaint.
    I would probably contact the office of Clerk of Court in the county where the plaintiff filed the complaint.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #3

    Jun 21, 2008, 01:09 PM
    Quote Originally Posted by MPhillips70
    Where can I find a form for the state of AL. in answering a plaintiff's clamplaint.

    Straight from an Alabama site:

    "If you have been sued in Alabama District or Small Claims Court, you have 14 days from when you were served. If you were sued in Circuit Court in Alabama you have 30 days from when you were served. Please protect yourself by reading the summons that accompanied the complaint when you were served.

    If you don't agree with everything in the complaint, deny the allegations. Normally debt buyer complaints are not formal complaints - just say you owe the money. If you don't, or don't know that this debt buyer truly owns the debt, or if you don't agree to the amount owed, or if the statute of limitations has expired, or there is some other reason the debt buyer is not entitled to judgment against you, then you can file an answer with the court and serve the debt buyer's lawyer with an answer denying the complaint."

    It sounds like Alabama requires an answer, not necessarily formal - start it with the names of the Plaintiff (you) and Defendant (them), file number, and then just write a basic letter as described above.

    No need for any "whereas/wherefor" clauses - you simply say you don't owe the money because, for example, the statute has expired. Be brief - don't give them ammunition against you with long, rambling responses (like the response I just gave, for example!).

    Then you type your name/address/phone number, sign it, AND MAIL IT RECEIPT REQUESTED TO THE ATTORNEY FOR THE DEFENDANT AND THE COURT - within the time frame.
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