The Small Claims Court in Alabama is a part of a county's District Court where individuals and businesses can settle legal disputes involving $3,000 or less. Small Claims Court is set up to be simple, informal, and inexpensive. You can represent yourself in Small Claims Court. You do not have to hire a lawyer.

How do you file a Small Claims lawsuit?

Filing a Small Claims Court lawsuit is not difficult.

• Find out the name and address of the person or business you are suing (the person being sued is called the defendant)
• Go to the District Court clerk's office in the county where the person or business you are suing is located or where the wrong occurred.
• Get a Statement of Claim (Complaint) form from the clerk and fill it out. When you give it back to the clerk, the court will see that a copy is sent to the defendant.
• The court clerk cannot give any legal advice.
• The Court charges a filing fee to file any lawsuit.
• If you cannot afford to pay the fee when you file, ask the clerk for an Affidavit of Substantial Hardship form. The clerk will get it to the judge, who can delay payment until the end of your case.
• After getting a copy of the Statement of Claim, the defendant has 14 days to get an Answer to the court. If the defendant does not answer within 14 days, you can ask the court to enter a default judgment in your favor.

What if you are sued in Small Claims Court?

• You will get the Statement of Claim either from the sheriff or by certified mail. The person or business suing you is called the plaintiff.
• You must fill out the Answer form enclosed with the Statement of Claim and return it so that the District Court clerk gets it within the 14 days you have to answer.
• If you believe the person or business suing you actually owes you money, you can get a Counterclaim form from the District Court clerk to make your claim against the plaintiff.
• You may want to contact a lawyer to find out your legal rights.

What happens if the defendant answers?

• If the defendant denies owing part or all of the money sued for, the Court will send a notice to the parties setting a trial date.
• To prepare for the trial, be sure to get together all papers that might help your case. This includes receipts, bills, contracts and photographs.
• Be sure to talk with any witnesses who have first-hand knowledge of what happened.
• If a witness is important to you but unwilling to appear, you can make the witness appear by having the District Court clerk issue a subpoena.
• To get a subpoena, you must go to the clerk's office well in advance of the trial date, fill out a subpoena request form, and pay a subpoena fee.

What happens at the trial?

• You should bring any witnesses and any papers that help prove your case.
• You have the right to have an attorney represent you in Small Claims Court, but you are not required to have one.
• A Small Claims Court trial is relatively informal, and there is no jury.
• Get to court by the time on your notice. It is important to be on time to court, or the judge may automatically rule against you.
• The person suing (the plaintiff) goes first, presenting evidence and calling witnesses.
• The defendant gets to question the plaintiff's witnesses and present evidence and witnesses.
• Do not interrupt the other side, even if they say something wrong. You will have the chance to have your say.
• After both sides have given their evidence, the judge will make a decision based on the law and the facts presented.
• The clerk will send you a written judgment.

What if you think the judge is wrong?

• You can appeal the case by going to the clerk's office and filing a Notice of Appeal form within 14 days of the date of the written judgment.
• The Court charges a filing fee to file an appeal. It also requires a bond for court costs.
• If you cannot afford to pay the appeal filing fee when you file, ask the clerk for an Affidavit of Substantial Hardship form. Fill it in and give it back to the clerk. The clerk will get it to the judge, who can delay payment until the end of your appeal.
• You may need an attorney to help you at this point. The appeal will be heard by the Circuit Court, which is more complicated than Small Claims Court.

If you win, how do you collect your judgment?

• If you win a money judgment, the other party has 14 days to pay the judgment.
• If they do not pay, you can then go to the clerk's office, pay a fee, and fill out an Execution or Garnishment form.
  • An Execution requests a court order authorizing the sheriff to pick up any property belonging to the other party, and to sell it to satisfy the judgment.
  • A Garnishment requests a court order withholding the other party's wages to pay the judgment.

What if you lost and the other party tries to collect?

• If an Execution or Garnishment is filed against you, you may still be able to protect your wages or property.
• You should ask a lawyer to explain your legal rights to you. The court clerk cannot give you legal advice.

Caution!!!

• If you sue or are sued in Small Claims Court, include all of any claim you have against the other party in your Statement of Claim or Counterclaim.
• If you do not include all claims that flow from a common set of facts, you may not be able to file separate claims later.

Reviewed February 2009

AlabamaLegalHelp.org offers legal information, not legal advice. We try hard to make sure this website accurately explains your rights and options. However, the site does not apply the law to your personal facts. For this sort of legal advice, you should call a lawyer. To apply for free legal services in Alabama, call the Legal Services Alabama office that is closest to where you live OR call toll-free 1-866-456-4995. You can also apply online at intake.alsp.org.