Claims in Small Claims Court
Many people consider filing a claim against someone else in Small Claims Court, but they are unsure of the procedures or requirements and they ultimately never file anything. Many others have been sued in Small Claims Court and been unsure how to respond or what to file. This lens is meant to be a rough guide to assist you if you are facing questions about Small Claims Court.
Small Claims Court in Alabama
In Alabama, Small Claims Court is division of each county's District Court. Any claim involving $3000 or less can be filed in Small Claims Court and you do not have to be represented by an attorney. You may represent yourself.
How to file an action in Small Claims Court
If you would like to sue someone in Small Claims Court, you first need to get the name and address of the person or business you are suing. After you file the lawsuit, you will be known as the plaintiff and the person you are suing will be known as the defendant. Once you have this information, take it to the District Court in either the county where the person or business is located or the county where the alleged damage took place. Ask the court clerk for a Statement of Claim for and fill it out. Then return this form to the clerk and court will see that a copy is sent to the defendant.
The defendant will then be served with a copy of your lawsuit and have 14 days to submit an answer to the court. If the defendant does not answer within 14 days, you can ask the judge to enter a default judgment in your favor.
The defendant will then be served with a copy of your lawsuit and have 14 days to submit an answer to the court. If the defendant does not answer within 14 days, you can ask the judge to enter a default judgment in your favor.
How much does it cost?
You must pay a filing fee when you file a lawsuit in Small Claims Court, but the fees vary from county to county in Alabama. If you cannot afford to pay the filing fee, you can file an Affidavit of Substantial Hardship to ask the judge to delay payment. The court clerk will have the Affidavit of Substantial Hardship form.
You will find links to several individual county websites below and most of those have their current filing fees listed.
You will find links to several individual county websites below and most of those have their current filing fees listed.
Do I Need An Attorney?
You do not have to be represented by an attorney in Small Claims Court. These trials are relatively informal and your case is not presented to a jury. Both sides present their evidence to a judge who then makes a ruling.
What should I expect at trial?
If the defendant answers your complaint and denies it in part or in whole, the court will set a hearing date and notify all parties. You should make sure and locate all documents, papers, receipts, pictures or anything else that will help prove your case at trial. You should also bring as many witnesses who have firsthand knowledge of the matter with you to trial to testify on your behalf.
If you believe a witness if important to your case, but they refuse to appear, you can force them to appear with a subpoena issued by the District Court clerk. To have a subpoena issued, you must pay a subpoena fee and fill out a subpoena application with the court clerk. If you want to file a subpoena, you should do so well in advance of your hearing date.
If you believe a witness if important to your case, but they refuse to appear, you can force them to appear with a subpoena issued by the District Court clerk. To have a subpoena issued, you must pay a subpoena fee and fill out a subpoena application with the court clerk. If you want to file a subpoena, you should do so well in advance of your hearing date.
Helpful Tips
You should make sure you are on time for your hearing. If you are not, the judge may enter a ruling against you. Make sure you do not interrupt the other party during the hearing. You will have an opportunity to react to whatever they are saying and if you believe it is wrong, you will have an opportunity to explain why to the judge. The judge will issue a ruling based on the law and the evidence presented after both sides have had an opportunity to present evidence. A written judgment will be sent to both parties.
I lost and I don't agree. What can I do?
If either party disagrees with the judge's ruling, they can file an appeal with the clerk's office within 14 days of the ruling. To file an appeal you must pay a filing fee and an appeal bond. If you do appeal a ruling from Small Claims Court, you may want to consider hiring an attorney because the appeal will be heard by the Circuit Court, not the Small Claims Court.
I won a money judgment. How do I collect?
If the court awards a money judgment against one party, that party has 14 days to pay the judgment. If the judgment is not paid within 14 days, then the other party may go to the clerk's office and file an Execution or Garnishment form. You can get this form from the court clerk. There will be a fee for filing either of these forms.
When an execution form is filed, it is requesting the court to issue an order authorizing the sheriff to locate and pick up any property that belongs to the other party and then sell it to satisfy the judgment. If you file a garnishment form, you are requesting the court issue a withholding order authorizing the garnishment of wages to satisfy the judgment.
When an execution form is filed, it is requesting the court to issue an order authorizing the sheriff to locate and pick up any property that belongs to the other party and then sell it to satisfy the judgment. If you file a garnishment form, you are requesting the court issue a withholding order authorizing the garnishment of wages to satisfy the judgment.
Helpful Links
- Small Claims Actions
- AlabamaLegalHelp.org
- Small Claims Court filing forms
- You will find the following official court forms on this site - Statement of Claim (Complaint), Answer, Notice of Trial, Defendant's Counterclaim, Summons, Case Action Summary
- Baldwin County
- Small Claims Court
- Cherokee County
- Small Claims Court
- Cullman County
- Court Information
- Etowah County
- Small Claims Court
- Jackson County
- Small Claims Court
- Jefferson County
- Small Claims Court
- Madison County
- Small Claims Court
- Mobile County
- Small Claims Court
- Montgomery County
- Small Claims Court
- Morgan County
- Small Claims Court
- Russell County
- Small Claims Court
- Shelby County
- Small Claims Court
- Winston County
- Small Claims Court
Learn more about Small Claims Court
Everybody's Guide to Small Claims Court
Amazon Price: $19.79 (as of 07/06/2009) 
Small Claims Court Guidebook (Entrepreneur Legal Guides)
Amazon Price: $25.04 (as of 07/06/2009)
Winning in Small Claims Courts: A Step-By-Step Guide for Trying Your Own Small Claims Cases
Amazon Price: (as of 07/06/2009)
Share your thoughts and questions about Small Claims Court in Alabama.....
QuadsPlus1 wrote...
I actually just filed an Alabama small claim today - cost $71.50 to file because there were two defendants, would have been $61.50 if only one.
Posted August 12, 2008
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