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You have been sued, you have answered, and now you are going to trial -- what does this mean? What will happen.
If the trial is in small claims or district court, the process tends to be a little less formal than in circuit court (but not always). You normally will be right in front of the judge next to the collection lawyer rather than being in the witness stand and the collection lawyer is behind a podium.
But you do need to check out your particular judge to find out how he or she conducts her court.
In circuit court we tend to have more formal trials but it does vary by judge.
If you have a lawyer representing you then this will be handled by the lawyer but if you are representing yourself you need to go watch the judge before your trial date so you get a good feel for what to expect.
At trial, the debt collector (plaintiff) must prove that you owe the money they sued you for -- they do this with documents (evidence) and testimony (witnesses). The collector must also prove it owns the debt since you didn't take out the loan with the collector but instead with the original creditor.
Normally in district or small claims court the debt collector will not normally have a witness so they will look to you to prove their case for them. In circuit court it is more likely the collector will have a witness. Understand this varies based on the collector, the location of the trial, the amount of money, the collection lawyer, etc.
It is critical to remember that the collector must prove not only that you owe the debt but also that it OWNS the debt.
The rules of evidence must be followed although in small claims the rules of evidence can be relaxed.
So if you are going to trial you need to know a number of key concepts including:
**What court are you in and how formal is the court?
**What are the rules of evidence that are critical for you to know?
**How will the collector prove you owe the debt and that it owns the debt?
If you have questions about your options when sued in Alabama (you have as many as five -- www.alabamacons..., or if you may want help in trying your case, please feel free to get in touch with us by calling us at 205-879-2447 or contacting us through our website www.AlabamaConsumer.com.
John G. Watts
Watts & Herring, LLC
Birmingham and Madison Office in Alabama
We represent consumers from all parts of Alabama
No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers. Our free weekly webinar is here -- my.demio.com/r... -- on Thursday we'll be talking about some of the new FDCPA rules. Join us if you can!
"No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers."