Defense in Small Claims Court
Client Story
Someone who believes that you owe them a debt, that you have broken a contract with them, or otherwise have caused them damages may choose to take you to court. If this amount is less than $6,000, then in the State of Alabama, they may file a case against you in Small Claims Court.
Context
Small Claims Court is where those who don’t have lawyers, or who have relatively small claims, often choose to pursue their cases. The rules of evidence and other procedures of the court are relaxed in Small Claims Court, and it is an appropriate for someone without legal experience to represent their self.
If you are sued in small claims court, a copy of the Statement of the Claim will be mailed to you or delivered by the Sheriff. You will be named in it as the Defendant, and the person or business suing you will be named as the Plaintiff.
Steps
Step 1:
Once you have received the claim, you need to respond if you wish to contest it. You can write up your own response or you can fill out the sample Answer form. It may be included in the Statement of Claim or you can find it here. You must make sure it reaches the courthouse clerk’s office within the 14 days you are given.
CLICK HERE TO OPEN THE DEFENDANT’S ANSWER FORM
You can either:
1. Admit that you owe what the plaintiff says you do and agree to pay it
2. Deny in part or in all, and meet the plaintiff in court
If you believe that the plaintiff owes you money, either instead of or as well as what they claim, then you can file a counterclaim. Submit this form to the courthouse clerk’s office.
Step 2:
After you answer, the Court will send notice to both parties setting a date for the trial.
Be certain that the courthouse clerk’s office has your correct mailing address on file and be on the lookout for this notice by mail.
Step 3:
To prepare for the trial, you must collect all evidence that may help your case.
This can include:
- Receipts
- Contracts
- Bills
- Photographs
- Text or email conversations you’ve had with the plaintiff about the matter at hand
On the Day of the Trial
On the day of the trial be sure to get to court by the time specified on your notice, if not earlier. Be sure to bring any witnesses or papers that could help your case.
Small Claims Court is more informal than other courts and there is not a jury present; you will only need to present your case to the judge. While you do have the right to have an attorney represent you, it is not required, and the rules of Small Claims Court make it easier to represent yourself.
The plaintiff, the person suing you, will present their evidence and call their witnesses first. You as the defendant will be given a chance to ask questions of the plaintiff’s witnesses, as well as to present evidence and witnesses of your own. (Remember that the plaintiff may ask questions of your witnesses as well.)
Be sure to not interrupt that other side, even if what they are saying sounds blatantly untrue or disrespectful to you. After both sides have testified, the judge will make a decision; some will inform you on the same day, while others prefer to send a written judgement in the days following the case.
If you lose and disagree with the judge’s decision
If you lose and you do not believe the judge was correct, you have the option of appealing your case to the Circuit Court. Your appeal to the Circuit Court is “de novo” which means the whole case will be heard again from the beginning. In Circuit Court neither party will be able to rely on the evidence presented in the Small Claims Court.
Be aware that there is a cost to file an appeal to the Circuit Court (although it may be waived if you are poor and complete an Affidavit of Hardship). Also be aware that in Circuit Court, unlike Small Claims Court, all of the rules of evidence and procedure that govern courts in Alabama will be enforced. This may make it slightly more complicated to present your case.
If you lose and the other party needs to collect
If the plaintiff wins a money judgement, you will have 14 days to pay the judgement. If you do not pay or cannot pay, the plaintiff may go to clerk’s office and can either fill out an Execution or Garnishment form. Some parties may wait months or even years to start this process.
An Execution form lets them request that the court authorize the sheriff to seize property of yours in order to satisfy the judgment against you. Although some plaintiffs may file executions against your home, executions against your personal property (your stuff) are very rare.
A Garnishment allows the plaintiff to garnish your wages—that is, to legally take a portion of your paycheck from work. If you are garnished read the paperwork carefully since Alabama law provides a number of protections that may decrease or eliminate the garnishment.
If you win and want to collect
If you are awarded a money judgement, the plaintiff will have 14 days to pay the judgement. If they do not pay, you will have the same options to receive your money: an Execution or a Garnishment. Just like the plaintiff, you can fill out a copy of the appropriate form and deliver it to the courthouse clerk’s office to request that the court support your execution or garnishment.
Important things to remember:
- Be sure to include all possible claims that you have against the other party in your statement of counterclaim. If you do not include other claims that connect to the same set of common facts, you may not be able to file other, separate claims later.
- If the plaintiff has a lawyer, you may want to contact a lawyer to find out your rights and defenses.
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