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How to Answer a Summons for Debt Collection in Alabama (2024 Guide)

George Simons | June 14, 2024

George Simons
Co-Founder of SoloSuit
George Simons, JD/MBA

George Simons is the co-founder and CEO of SoloSuit. He has helped Americans protect over $1 billion from predatory debt lawsuits. George graduated from BYU Law school in 2020 with a JD-MBA. In his spare time, George likes to cook, because he likes to eat.

Edited by Hannah Locklear

Hannah Locklear
Editor at SoloSuit
Hannah Locklear, BA

Hannah Locklear is SoloSuit’s Marketing and Impact Manager. With an educational background in Linguistics, Spanish, and International Development from Brigham Young University, Hannah has also worked as a legal support specialist for several years.

Summary: It is free to file an Answer to a debt collection lawsuit in Alabama, but you only have 14 or 30 days to respond to a debt, depending on which court has jurisdiction over your case. Use SoloSuit to respond to your debt lawsuit in minutes.

Getting sued for a debt is just the worst. This article will make the process a little bit easier and tell you how to respond to a Summons for debt collection in Alabama.

This blog post covers the basics of the debt collection lawsuit process in Alabama, including information specific to filing in Alabama, like state deadlines and forms, and steps on how to respond.

Let's get right to it.

Respond to a Summons in Alabama.

Sued for debt in Alabama? SoloSuit can help you file an Answer into your case before the 30-day deadline.

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Table of Contents

Respond to the debt collection Summons before the deadline in Alabama

You have 30 days to respond to a debt collection lawsuit is 30 days in Alabama Circuit Court.

The 30-day clock begins after you have received the Summons and Complaint documents. If you fail to respond within the deadline, you will probably lose by default. This means that the court will order a default judgment against you, giving the debt collector the right to garnish your wages or seize your property.

However, if your case is in the District Court or Small Claims Court, you only have 14 days to respond to the lawsuit. District Court handles debt lawsuits involving $3,000-$10,000, while Small Claims Court has jurisdiction over cases under $3,000. Civil Court handles cases involving $10,000 or more, but also cases that have been appealed from the lower level courts.

The deadline to respond is outlined in Alabama Rules of Civil Procedure Rule 12(a), which states:

“A defendant shall serve an answer within thirty (30) days after the service of the summons and complaint upon that defendant except when service is made by publication and a different time is prescribed under the applicable procedure.”

Alabama Answer to Summons forms

When you get sued for a debt, it won't take long before you realize just how tricky and expensive hiring an attorney can be. Luckily, you can avoid the stress and cost of lawyers and represent yourself. The first step is to create your Answer document.

The easiest and fastest way to draft a response to a debt collection lawsuit is this Answer form. SoloSuit walks you through the process of drafting your Answer in minutes. All you have to do is respond to a few questions about the case.

Here's a sample of SoloSuit's Answer form.

If you would rather draft your own Answer, try one of these Alabama court forms:

Draft and file your Answer with SoloSuit in under 15 minutes.

Alabama does not charge an Answer filing fee

Great news! There is no Answer filing fee in Alabama. This means that you can file your Answer document in person or through the mail without having to pay the court.

That being said, some courts throughout Alabama may charge to file other types of documents like counterclaims or motions. It depends on the court in question and the document you are trying to file.

Now that you know you won't have to pay to file your Answer, let's explore specific steps that will help you draft and file an Answer that will increase your chances of winning the case.

Follow these steps to respond to a debt collection lawsuit in Alabama

You know you're being sued for a debt if you receive court documents in the mail called the Summons and Complaint. The Summons is an official notification of the lawsuit, while the Complaint lists the specific claims being made against you.

In a debt lawsuit, the person or company suing (usually a debt collector) is called the plaintiff. The person or company being sued is called the defendant. So, if a debt collection agency is suing you, then you are the defendant in the case.

Normally, you only have 14-30 days to respond to the Summons and Complaint in Alabama before you lose by default. You should draft and file a written Answer document to respond to the case.

Follow these three steps to respond to the Summons and Complaint:

  1. Answer each allegation listed in the complaint.
  2. Assert your affirmative defenses.
  3. File the Answer with the court, and serve the plaintiff.
    4.

Now, let's take a closer look at each step. Don't like reading? Check out this video instead:

1. Answer each allegation listed in the Complaint

Answering a Complaint may seem very intimidating, but the process is really quite simple.

The first section of your Answer document should focus on responding to each claim that is listed in the Complaint document. All you need to do is read the Complaint carefully and then decide how you want to respond to each numbered paragraph. You can respond in one of three ways:

  • Admit: this is like saying, “I agree.”
  • Disagree: this is like saying, “Prove it.”
  • I don't know: this is like saying, “I don't know.”

You should know that most attorneys recommend denying as many allegations as possible. This is because the burden of proof is upon the plaintiff's shoulders at this stage in the case. If they cannot prove their claims with proper evidence and documentation, there is a good chance the case will be dismissed.

You can draft an Answer document in just 15 minutes with SoloSuit's Answer form.

Alabama's form linked above also provides a simplified approach, where you can simply admit to all, deny all, or claim that you're not sure.

Let's consider an example.

Example: Emily's credit card debt of $5,000 is charged-off after six months of missed payments in Alabama. The credit card company sells her debt to a debt collection agency called LVNV Funding for just $200. LVNV hopes Emily will pay off at least a portion of the debt so they can make a profit. After contacting Emily for a few months, LVNV files a lawsuit against her. Emily uses SoloSuit to respond to the case, denying all of LVNV's claims in her Answer document. She finds out that when LVNV purchased her charged-off debt account, they did not get access to the proper documentation needed to prove that they now own the debt. LVNV cannot provide the proof that Emily requested in her Answer when she denied all the claims, and they end up dismissing the case altogether.


2. Assert your affirmative defenses

After you've responded to each claim from the Complaint document, you're ready to assert your affirmative defenses.

“Assert affirmative defenses” means list reasons that you shouldn't lose the lawsuit or why you don't owe the debt. These defenses are written into your Answer.

Here are some common affirmative defenses used in debt collection cases:

  • The account with the debt is not your account
  • The contract was already canceled; therefore, you don't owe the creditor anything.
  • The statute of limitations has expired. A statute of limitations is a law that sets a deadline on taking legal action. In Alabama, the statute of limitations on credit card debt is three years. So, you can't be sued for a debt based on a contract that has been inactive for six years or more.
  • The debt has been paid or excused.
  • The debt has been partially paid.
  • You were a co-signer but were not informed of your rights as a co-signer.

These are a few of the many affirmative defenses. Being unable to pay the debt is not a legal defense to the debt.

More specifically, Alabama Rules of Civil Procedure Rule 8(c) states:

“Affirmative defenses. In pleading to a preceding pleading, a party shall set forth affirmatively accord and satisfaction, arbitration and award, assumption of risk, contributory negligence, discharge in bankruptcy, duress, estoppel, failure of consideration, fraud, illegality, injury by fellow servant, laches, license, payment, release, res judicata, statute of frauds, statute of limitations, waiver, and any other matter constituting an avoidance or affirmative defense.”

This is just a list of affirmative defenses you can raise in a debt collection lawsuit in fancy legal terms. In order to include your defenses easily, all you have to do is respond to a few questions on SoloSuit's website and the defenses will be automatically included in your Answer document.

Make the right affirmative defense the right way with SoloSuit.

3. File the Answer with the court, and serve the plaintiff

Now that you've drafted your Answer with your responses and affirmative defenses, you're ready to file it with the court.

Somewhat surprisingly, this is oftentimes the hardest part of the process. Alabama courts require defendant debtors who don't have an attorney to file the answer by mail or in person. So here's what you need to do:

  • Print two copies of your Answer.
  • Mail one copy to the court.
  • Mail the other copy to the plaintiff's attorney.

The address for both should be in the Summons and Complaint you received in the mail. The attorney's address should be on the top left of the first page. The court's address should be in the first two paragraphs.

Remember, there is no fee for filing an Answer. The Answer needs to arrive at the court before the deadline, which is 14 days for District Court and Small Claims cases and 30 days for Circuit Court cases.

SoloSuit can file your Answer for you in all 50 states..

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Check the statute of limitations on debt in Alabama before paying

It's pretty common for debt collectors to file lawsuits against people for expired debts. This is why you should always check the statute of limitations on your debt before responding to a debt collector, especially if it's been several years since you made payments on the account.

The statute of limitations on credit card debt is three years in Alabama. In other words, debt collectors only have three years to sue someone for credit card debt from the time of the last activity on the account.

For other type of debt, like medical, mortgage, student loans, and other types of loans, the Alabama statute of limitations is six years.

So, if a debt collector contacts you about an old debt that you haven't paid off in years, check the statute of limitations before you acknowledge the debt or pay anything. Making payments on an old debt account will restart the clock on the statute of limitations.

More specifically, Alabama Code Title 6. Civil Practice § 6-2-37(1) states:

“The following must be commenced within three years:

(1) Actions to recover money due by open or unliquidated account, the time to be computed from the date of the last item of the account or from the time when, by contract or usage, the account is due.”

And § 6-2-34(4-5) states:

“The following must be commenced within six years: Actions founded on promises in writing not under seal; Actions for the recovery of money upon a loan, upon a stated or liquidated account or for arrears of rent due upon a parol demise.”

Finally, Alabama Code Title 7. Commercial Code § 7-2-725(1) states:

“An action for breach of any contract for sale must be commenced within four years after the cause of action has accrued.  By the original agreement the parties may reduce the period of limitation to not less than one year but may not extend it.”

The table below lists the statute of limitations on different types of debt in Alabama, which explains the laws listed above:

Statute of Limitations on Debt in Alabama
Debt Type Deadline
Credit Card 3 years
Medical 6 years
Student Loan 6 years
Auto Loan 6 years
Mortgage 6 years
Personal Loan 6 years
Judgment 20 years
Ala. Code § 6-2-32, § 6-2-34, and § 6-2-37

In summary, the statute of limitations for debt determines how long a debt collector can file a lawsuit against you to recover a debt. In Alabama, the statute of limitations varies depending on the debt type. For example, credit card debt expires in three years, while personal loans, mortgages, and auto loans give creditors six years to come after you. If you’ve been sued and received a judgment, the creditor has up to twenty years to pursue recovery.

Now, let's take a look at an example.

Example: Joe, who lives in Alabama, hasn't made any payments on his credit card for almost five years. He's taken a major hit to his credit score, but he can't afford to pay off the debt of $1,200. Joe finds out that his account has been “charged off” and sold to a debt collection agency. The debt collectors start calling him every day about the money he owes, and at first Joe doesn't know what to do. After doing some research online, Joe finds out that the statute of limitations on his credit card debt has expired. When the debt collectors file a lawsuit against Joe, he uses SoloSuit to respond with an Answer where he uses the expired statute of limitations as one of his affirmative defenses. The debt collection agency dismisses the case a few weeks later.


Hiring an attorney can be tricky and expensive. Luckily, the state of Alabama has several legal aid organizations that can help people who cannot or do not want to hire a lawyer and are representing themselves. Here are some of the prominent legal aid organizations in Alabama:

Legal Services Alabama
1820 7th Ave North, Suite 200
Birmingham, AL 35203
866-456-4995
info@legalservicesalabama.org
https://legalservicesalabama.org/

Alabama State Bar
PO Box 671
Montgomery, AL 36101
334-269-1515
https://www.alabar.org/for-the-public/get-legal-help/

Alabama Legal Help
https://www.alabamalegalhelp.org/

What if I haven't been sued yet?

If you've only received a collections notice, but not a lawsuit, the best way to respond is with a Debt Validation Letter. When a debt collector contacts you in any way, whether it's by phone or mail, you can respond by formally requesting a debt validation with a Debt Validation Letter . This letter notifies the collector that you dispute the debt and forces them to provide proof you owe the debt. They can't call you or continue collecting until they provide validation of the debt. This flowchart shows how you can use a Debt Validation Letter to win.

Debt Collection Lawsuit Flowchart

Get started with a Debt Validation Letter here.

The FDCPA states you have thirty days to respond to a debt collection notice, in which you can demand that the collection agency prove that it owns the debt and ask for supporting evidence of the amount you owe. You should also ask that they verify the age of the debt so that you know whether it exceeds the statute of limitations.

If a debt is sold from the original creditor to a debt collection agency, the proper documentation may be lost in the transition. If this happens, they must cease all collection efforts until they can validate the debt.

To learn more about how a Debt Validation Letter can help you, check out this video:

Alabama debt collection laws protect consumers

Alabama relies on the federal Fair Debt Collection Practices Act (FDCPA) to govern debt collection practices. The purpose of the FDCPA is to protect consumers from abusive debt collection practices such as:

  • Calling before 8:00 a.m. or after 9:00 p.m.
  • Call you multiple times during any 24-hour period in an attempt to harass you
  • Threaten arrests or jail time for an unpaid debt
  • Refuse to identify themselves or falsely misrepresent themselves (for example, they can’t pretend to be an attorney or law enforcement)
  • Continue contacting you after they’ve been informed that you have an attorney, and all contact should occur through said attorney
  • Curse, threaten, or otherwise abuse you

If you’ve experienced a debt collector violating the FDCPA, you should file a complaint with the Consumer Financial Protection Bureau (CFPB). Other than these laws, there are no state-specific Alabama debt collection laws, so Alabama residents must rely on federal law to defend themselves from unfair collection acts.

Find your Alabama lawsuit to check your case status

By the time you find yourself facing a lawsuit, you’ve likely been under tremendous stress for some time. Whether you lost your job, sustained an injury, or other factors have contributed to being unable to pay your debts, dealing with debt collectors adds a whole new level of worry and anxiety. As a result, you may have chosen to ignore the Summons and Complaint, but now you need to find out the details about your case.

The first step is understanding the Alabama court structure. The circuit courts have jurisdiction in civil cases above $10,000. District courts handle civil cases from $3,000 to $10,000, and small claims courts often handle cases up to $3,000. To look your case up online, Alabama provides a paid service called Just One Look.

Alternatively, you can call the Clerk of Court’s office in the jurisdiction where the case was filed and ask them to provide the information, or you can visit the courthouse to request a copy of the lawsuit.

Solosuit provides comprehensive information about an Alabama court case search if you need additional information.

What is wage garnishment in Alabama?

If a creditor has sued you and won or received a default judgment because you didn’t respond to the lawsuit, you may be facing a wage garnishment of up to 25% of your earnings. Ala. Code § 5-19-15 states that creditors with a judgment against you can seize the lesser of:

  • 25% of your weekly disposable earnings, or
  • The amount by which disposable earnings exceeds 30 times the established federal minimum hourly wage of $7.25.

In Alabama, disposable earnings are the net amount you’re paid after taxes are withheld.

In neglecting your debts, you open yourself to legal action taken by debt collectors. It’s crucial that you take any threat to sue seriously. If a creditor is successful in a lawsuit against you, it can lead to a judgment that allows them to garnish your wages until the debt, along with court costs, fees and interests are paid.

Explore debt settlement to avoid wage garnishment in Alabama

If a creditor has validated a debt and filed a lawsuit against you, you have three options. You can pay the debt in full or negotiate a debt settlement. Alternatively, you can file for bankruptcy, but this should only be considered as a last resort because of the profound and long-lasting impact it can have on your credit report.

Repaying the debt puts a stop to the lawsuit and allows you to move on from dealing with the creditor. However, if you don’t have the funds to pay the entire debt, or if doing so would result in other debts going unpaid, you may want to explore a debt settlement offer.

To settle a debt, offer your creditor a portion of the amount you owe, preferably in a lump sum payment. Taking someone to court is expensive, so creditors will often accept a reasonable settlement offer to avoid the costs and hassle of continuing with a lawsuit. For the best results, offer approximately sixty percent of what you owe. However, remember that debt settlement often involves negotiation, so your initial offer should be less than the maximum you can afford to pay to settle the debt.

Settle with SoloSettle

Make an Offer

Finding debt relief in Alabama

Rising inflation and increased housing costs have impacted Alabama residents hard, leading to an increase in household debt. While Alabama still has a relatively low cost of living compared to the rest of the country, average salaries in the state are also substantially lower than the national average.

To explore debt relief options, let’s discuss debt relief programs available to Alabama residents.

Debt relief options

Debt relief options primarily consist of debt settlement programs, debt relief loans, and bankruptcy. Let’s take a quick look at all three of these Alabama debt relief options to help you determine which is best suited to your needs.

Debt settlement

Debt settlement happens when you negotiate with creditors to reduce the balance on your overall debt. Let’s explore an example of what that might look like.

Example: John owes $6,000 on a personal loan, but he lost his job, can’t afford to pay the loan, and interest and fees continue to increase. John approaches the lender and offers to settle the balance for $3,200. The lender refuses but counteroffers to settle for $4,000. John responds that the maximum he can pay is $3,500. The lender realizes that settling for half the amount owed is better than the costs involved in taking John to court, so they accept the offer. John settled his loan for one-half of what he owed.


You may be able to negotiate with creditors to have them delete your past-due account from your credit report, which could dramatically improve your credit score.

SoloSettle can help you navigate the debt settlement process with security and ease. SoloSettle leverages technology in tracking debt settlement and enables you to send and respond to debt settlement offers until an agreement is reached between the parties.

Debt consolidation loans

If you decide to pursue debt consolidation before you’ve done too much damage to your credit score, this can be a reasonable option. Ideally, you take out a loan with a reasonable interest rate to pay off all your outstanding loans–leaving you with one monthly payment. However, given the recent spike in interest rates, be careful that you don’t fall victim to exorbitant interest rates that will make it difficult or impossible to pay back the debt consolidation loan. Read all loan documents thoroughly before proceeding with a debt consolidation loan.

There are advantages to debt consolidation. You should be able to pay off your debt faster and save money on interest. Best of all, a debt consolidation loan shouldn’t negatively impact your credit score.

When should you consider Alabama bankruptcy?

Bankruptcy should be your last resort. Chapter 7 bankruptcy erases most consumer debt without the need to repay it, but it stays on your credit report for ten years. Having a bankruptcy on your credit report can have a significant impact on your life. You may find it difficult to rent a home or apartment, buy a vehicle, or access any type of consumer credit. A mortgage to buy a house may also be unattainable.

Chapter 13 bankruptcy eliminates some debts but requires that you pay back others through a structured monthly payment plan. Chapter 13 is reserved for those who don’t qualify for Chapter 7 or those who have assets such as real estate that they want to protect. A Chapter 13 bankruptcy stays on your credit report for seven years and has the same impact on your credit as a Chapter 7.

There are other forms of bankruptcy such as a Chapter 11 and Chapter 13, but these are typically used by businesses and corporations.

Frequently Asked Questions

What if there is already a default judgment against me?

If you didn’t respond to a lawsuit, the court may have issued a default judgment against you, and it may be for substantially more than you owed. Default judgments often include:

  • Court costs.
  • Attorney’s fees for the creditors.
  • Interests on the money owed and other fees.

The default judgment acts as a lien and can result in:

  • Wage garnishment, where debts are withheld from your paycheck
  • Property liens on real estate which means you cannot sell or transfer the property without first clearing the lien by paying the debt
  • A Writ of Execution is a court order that allows the sheriff’s office to seize personal property to satisfy the amount owed
  • Intercepting your tax refunds–your income tax refund can be diverted toward the debt you owe

If you have a default judgment against you, you can take steps to reduce the burden. These include:

  • Challenging the judgment: You should have been notified of any pending lawsuit. If you were not properly notified because you moved or the creditor failed to issue proper notice, you can contest the case and ask that the judgment be vacated. This doesn’t mean the debt goes away, but it reinstates your rights to challenge or settle it.
  • If you discover the debt does not belong to you, it’s not too late to send a Debt Validation Letter to require the creditor to prove that the debt belongs to you. If they are unable to do so, you can have the default judgment removed.
  • Know the statute of limitations for the debt. If the judgment was issued after the statute of limitations expired, you may be able to have the case dismissed.

What is a statement of claim?

A statement of claim, also known as a Complaint, is a legal document used in Alabama small claims courts to initiate a lawsuit. The statement of claim briefly describes the claims against the defendant.

To protect your standing in an Alabama small claims case, it is crucial that you file an Answer to the statement of claim right away, or at least before the 14-day deadline.

Key Takeaways

Now, you should have all the information you need to properly respond to a debt collection lawsuit in Alabama. Don't feel intimidated by debt collectors. While they're really good at the debt collection game, you can beat them when they least expect it.

So, five key takeaways for responding to a debt collection suit in Alabama are:

  1. You have 14-30 days to respond to a debt collection lawsuit with an Answer document in Alabama.
  2. There is no fee to file an Answer in Alabama.
  3. SoloSuit can help you draft and file an Answer where you respond to each claim from the Complaint and assert your affirmative defenses.
  4. The statute of limitations on credit card debt is three years in Alabama.
  5. Alabama has several legal aid organizations that can help you, and you can visit the courthouse or call the court clerk if you have any basic questions about your case.

File an Answer in your local Alabama court

If you don't feel comfortable sending your court documents over e-file, you can always visit your courthouse and file in person. Use this Alabama Courts Directory tool to find the address of your courthouse and the court clerk's contact information. Just click on the county in which you reside, and the county's judicial website will open in a new tab.

Knowing where your courthouse is located can help you be better prepared for your trial and stay updated on your case status

Find your court below to file an Answer into your case and get in contact with your local court clerk:

How to Answer a Summons for debt collection in all 50 states

Here's a list of guides on how to respond to a debt collection lawsuit in each state:

The Ultimate 50 State Guide

Guides on how to resolve debt with every debt collector

Are you being sued by a debt collector? We’re making guides on how to resolve debt with each one.

Resolve your debt with your creditor

Some creditors, banks, and lenders have an internal collections department. If they come after you for a debt, Solosuit can still help you respond and resolve the debt. Here’s a list of guides on how to resolve debt with different creditors.

Settle your medical debt

Having a health challenge is stressful, but dealing medical debt on top of it is overwhelming. Here are some resources on how to manage medical debt.

Guides on arbitration

If the thought of going to court stresses you out, you’re not alone. Many Americans who are sued for credit card debt utilize a Motion to Compel Arbitration to push their case out of court and into arbitration.

Below are some resources on how to use an arbitration clause to your advantage and win a debt lawsuit.

Stop calls from debt collectors

Do you keep getting calls from an unknown number, only to realize that it’s a debt collector on the other line? If you’ve been called by any of the following numbers, chances are you have collectors coming after you, and we’ll tell you how to stop them.

Federal debt collection laws can protect you

Knowing your rights makes it easier to stand up for your rights. Below, we’ve compiled all our articles on federal debt collection laws that protect you from unfair practices.

Get debt relief in your state

We’ve created a specialized guide on how to find debt relief in all 50 states, complete with steps to take to find relief, state-specific resources, and more.

Debt collection laws in all 50 states

Debt collection laws vary by state, so we have compiled a guide to each state’s debt collection laws to make it easier for you to stand up for your rights—no matter where you live.

Statute of limitations on debt state guides

Like all debt collection laws, the statute of limitations on debt varies by state. So, we wrote a guide on each state’s statutes. Check it out below.

Statute of Limitations on Debt Collection by State (Best Guide)

Check the status of your court case

Don’t have time to go to your local courthouse to check the status of your case? We’ve created a guide on how to check the status of your case in every state, complete with online search tools and court directories.

How to stop wage garnishment in your state

Forgot to respond to your debt lawsuit? The judge may have ordered a default judgment against you, and with a default judgment, debt collectors can garnish your wages. Here are our guides on how to stop wage garnishment in all 50 states.

Other wage garnishment resources

How to settle a debt in your state

Debt settlement is one of the most effective ways to resolve a debt and save money. We’ve created a guide on how to settle your debt in all 50 states. Find out how to settle in your state with a simple click and explore other debt settlement resources below.

How to settle with every debt collector

Not sure how to negotiate a debt settlement with a debt collector? We are creating guides to help you know how to start the settlement conversation and increase your chances of coming to an agreement with every debt collector.

Other debt settlement resources

Personal loan and debt relief reviews

We give a factual review of the following debt consolidation, debt settlement, and loan organizations and companies to help you make an informed decision before you take on a debt.

How to repair and improve your credit score

Debt has a big impact on your credit. Below is a list of guides on how to repair and improve your credit, even while managing major debt.

How to resolve student loan debt

Struggling with student debt? SoloSuit’s got you covered. Below are resources on handling student loan debt.

Civil law legal definitions

You can represent yourself in court. Save yourself the time and cost of finding an attorney, and use the following resources to understand legal definitions better and how they may apply to your case.

Get answers to these FAQs on debt collection

How-to debt guides

Learn more with these additional debt resources


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