Small Claims Court
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November 26, 2024
Client Story
If someone owes you a debt, has broken a contract with you, or has otherwise caused you damages of some kind in a way that you can prove, then it might be possible to file a case against them in Small Claims Court. In the state of Alabama, amounts of up to $6,000 may be filed for in small claims.
Context
If you don’t have or can’t afford a lawyer, Small Claims Court is the best place to pursue someone for damages. The process is relatively quick and usually affordable. Small Claims judges are used to dealing with parties who do not have a lawyer. The rules of evidence and other court rules are relaxed for Small Claims, making it easier to provide evidence and fill out the necessary paperwork yourself.
The Alabama State Bar provides standardized forms that you can use in Small Claims Court. With those forms, plus these instructions, you will be well-equipped to represent yourself in Small Claims Court.
Requirements
You will need:
- A Small Claims Complaint form
- Money for the Filing Fee
- The amount varies by county and court
- You can complete an Affidavit of Hardship if you cannot afford to pay the filing fee. This is a request that court to waive the fee.
- The losing side will have to pay the fee in the end.
- Any evidence you have in support of your claims. This can include:
- A contract, such as a lease or an agreement with a contractor
- Pictures of any damages
- Receipts
- Eyewitnesses or witness statements
- Text messages, emails, or letters
Steps
Step 1: File the Complaint
The Small Claims Complaint form is a simple two-page document. Filing it with the courthouse is the first step to pursuing someone in Small Claims.
Since you are the person filing the lawsuit, you are the Plaintiff. The Defendant is the person or company that you are suing.
You will need to list the name and address of the person or company you intend to name as the defendant.
If you are suing a company, make sure you know the correct legal entity and their address for service. You can check the Alabama Secretary of State website. If the person you’re suing is your current or former landlord/tenant or someone you’ve made a contract with, you can also use the information listed in your contract or lease to identify them in the Small Claims Complaint form.
You must have an address for the person or company you want to sue.
You should include an amount you are suing for. You may be able to ask for more in court if you need to. The upper limit for Small Claims Court in Alabama is $6,000.
You should also list why the person you are suing owes you money. You can attach additional pages if you need to, but it’s not required.
You usually won’t need to fill out the section about court costs and attorney’s fees. The court will determine court costs, and if you are using this guide, you probably do not have an attorney.
You will sign the Complaint and include your phone number. You probably do not need to include the clerk’s address.
The Court will issue a Summons. This is the legal document that goes out to the Defendant, the person or company that you are suing.
File a printed and signed copy of the Small Claims Complaint at the county courthouse. This is usually the county where you live, signed the contract, bought the product, or where the issue you are suing about occurred.
When you come to the courthouse, ask for the Small Claims or District Civil clerk’s office.
You will have to pay a filing fee to file a lawsuit. If you cannot afford to pay, you can ask the court to waive the filing fee up front by completing an Affidavit of Hardship. On this form you will list your income, expenses, and assets, and the court will decide whether to ask you for the filing fee up front.
Generally, whoever loses the case will ultimately have to pay the filing fee.
Step 2: Have the Defendant Served
The Defendant, the person or company that you are suing, must be legally served. This can be done by the sheriff’s department, or by it can be done by anyone who is at least 18 years old and is not related to you by blood or marriage. You can also hire a process server to serve them for you.
If you have sued an individual, the papers must be handed to them personally or to a person of suitable age and discretion that lives with them. You can try to serve them by certified mail, but the person must sign the return receipt.
If you have served a company, you must serve their registered agent for service.
Once they are legally served, the person who serves the papers must fill out a Return of Service form and file that at the county courthouse. A copy can be found on the back page of the Small Claims Complaint.
Step 3: Get a Default Judgment or Prepare for Court
Once they are served, the Defendant has 14 days to file an answer. If they don’t, you can complete an Application for Default Judgment. This will allow you to ask the court to rule in your favor automatically without going to trial. In this case, the court may still set a hearing for you to prove how much money is owed. You should bring any evidence you have to this hearing. You can also attach your evidence or an affidavit to your Application for Default Judgment.
If the Defendant does file an answer, you will receive a court date. You should prepare for court by gathering all your evidence, witnesses, etc.
The court will send everything through the mail. Make sure you keep your address updated with the clerk’s office as long as your case is going on.
Step 4: The Court Hearing
Motion to Continue
Your court hearing is your day in court. If you can’t attend, you can file a Motion to Continue. The court may or may not grant this motion, and usually only grants it with good reason. A phone call is not enough; you must file a Motion to Continue with the court.
Evidence
You should come to court prepared with any evidence that you have. Evidence can include:
- A contract or lease you had with the defendant
- Receipts
- Pictures
- Eyewitness testimony
- Emails, text messages, or letters
You should have your evidence printed out and, if possible, bring at least 3 copies: one for yourself, one for the judge, and one for the defendant or whoever represents them.
If you have any witnesses, make sure you bring them with you to court, and make sure you know what they will say.
The Defendant will also have the right to bring evidence, witnesses, or a lawyer if they employ or hire one. If the Defendant files anything in court, a copy should be mailed to you as well.
Settlement
The court may ask you to go in the hallway to try to settle your case.
You should always go outside and at least talk to the other side, even if you don’t think you can settle. The court may also have mediators available in the courtroom for you to use. It’s up to you if you use them or not. Typically, courts do expect parties to try to resolve their matters before going to trial.
Even if you don’t expect you can reach an agreement, it shows good faith to the court if you at least attempt to talk to them at this time.
Trial
The court will hear evidence and testimony from both sides. Be prepared to tell the court in a calm, rational manner what happened. The judge will probably ask you questions. Remember that real Small Claims court isn’t like it’s depicted on television—the judge will speak to all parties with respect, and it’s expected that they speak to the judge and one another with respect.
The Defendant or their lawyer will have a chance to ask you questions. You will also have a chance to ask the Defendant or any of their witnesses questions.
When the Defendant is speaking, do not interrupt. Never interrupt or speak over the judge; always remain calm and respectful, even if you become angry. If you don’t, it will only hurt your case.
The Decision
After the trial, the court will make a decision on your case. Some judges will tell you their decision that day. Others will put their decision in a court order that is mailed to you. Make sure the clerk’s office has your updated address.
Step 5: Collect Your Judgment or Appeal
If you win, you will obtain a judgment. A judgment is a court order that says the Defendant owes you money. You must then collect that money; the Defendant does not have to voluntarily pay you.
Some ways you can collect money include:
- Garnishing wages
- Seizing assets, such as a bank account, car, or a home
- Sending a demand letter for payment
- Issuing “discovery”, a formal written request to determine what assets a person has, where their bank account is, etc.
Both sides have the right to appeal if they wish. You have 14 days to file an appeal. You may do so at the county courthouse by filing a Notice of Appeal. There is another filing fee to file an appeal; if need be, you can complete an Affidavit of Hardship like when you first filed. Your appeal will be to the Circuit Court of your county. You will get a chance for a brand new trial, as if the previous trial never took place.
If you win, the other side may appeal as well.
** If any of the above links do not work, visit https://eforms.alacourt.gov/ and search the name of the form, or search “Alabama State Bar forms.”
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