AL · rules
Ala. Small Cl. R. K
Default
When a defendant does not answer within the required time or fails to
appear when the case is set for trial, the clerk of the court shall enter a default
against the defendant. When the amount claimed is a sum certain, such as a note,
the clerk may enter a judgment for the amount claimed. When the amount claimed
is not a sum certain such as damage to a car, the court, not the clerk, shall enter
the default judgment but the plaintiff must furnish to the court some proof, such as
a repair bill, before he can receive such judgment. The court can set aside a default
judgment for any reason within 14 days after its entry. A defendant shall not be
deemed in default if he has served an appearance in the form of a motion to
dismiss.
Provenance
- Source
- judicial.alabama.gov
- Retrieved
- 2026-09-15
- Edition
- 2026-09-14
- Content hash
a10e0d506f5b0960ea95af265dc22c1f809739e26f6c3b484b97c8570dc1a95a
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