Alabama Small Claims

Alabama's Small Claims Court is a simple forum to resolve minor money disputes without the costs of a full trial. Since the state applies its own rules and procedures to these cases, businesses, consumers, tenants, and landlords should be familiar with the process to manage conflicts and recover money, even without hiring a lawyer.

What Is a Small Claims Court in Alabama?

The Small Claims Division in each District Court in Alabama is established under Section 12-12-31 of the Code of Alabama. This division handles common cases such as security deposit disputes, breaches of contract, property damage claims, and unpaid debts or loans. Alabama law also allows individuals and businesses to appear in court with or without legal representation. Nevertheless, a business that chooses to appear without legal counsel must be represented by an officer or a full-time employee.

Small Claims Court Limits in Alabama

The jurisdiction of the Small Claims Court is limited to $6,000, excluding court costs and interest. Any claim that exceeds this amount is filed on the regular docket of the Circuit or District Court. In addition, Section 12-12-31(c) and (d) of the Alabama Code establish restrictions on who can file a lawsuit based on another person's legal claim and specify when a court can award attorney's fees. It is worth noting that eviction cases and matters involving the title of real property do not fall under small claims jurisdiction and are handled separately.

How to File a Small Claims Case in Alabama

The following steps outline the process for filing a small claims case in Alabama from start to finish:

1. Confirm eligibility and venue

In Alabama, a small claims case can be filed when the amount in dispute is $6,000 or less, excluding interests and court costs. The plaintiff must file the case in the Small Claims Division of the District Court in the county where the defendant resides or where the business has an office.

2. Complete the forms

As the plaintiff, you can start the small claims process by completing the Statement of Claim form (SM-01) if you are suing a person or business for money. Otherwise, complete Form SM-02 when the case involves the return of specific property. In addition, the statement of claim form must be accompanied by Form SM-07, which serves to notify the defendant that a case has been filed against them.

3. Pay the filing fee

Each county's District Court sets its own filing fees for small claims cases. The fee can depend on how much money you are suing for. For instance, a case involving $500 might have smaller filing fees than one involving $6,000. However, if you cannot afford to pay the fee, you may ask the clerk for an Affidavit of Substantial Hardship form, which can delay the payment until the end of the case.

4. Serve the defendant properly

Before a small claims hearing can take place in Alabama, the defendant must be properly notified through timely service of the summons and complaint. Upon request, the clerk can arrange service by certified mail. As an alternative option, you can request the sheriff or a private process server to deliver the complaint to the defendant. Once served, the defendant has 14 days from the date of delivery to file an answer.

5. Representation

Unlike some states in the U.S., lawyers are allowed to represent parties in small claims cases, especially if the plaintiff loses and decides to appeal to the Circuit Court. A plaintiff can also choose to represent themselves without a lawyer. In contrast, corporations may appear in court through a full-time employee or an officer.

Small Claims Court in Major Alabama Cities

• Birmingham (Jefferson County): The Birmingham Division of Jefferson County belongs to the 10th Judicial Circuit of Alabama and maintains its own courthouse, judges, and clerk's office. Depending on the disputed amount, a small claims case costs between $66 and $299. To file a case, the filer can visit the District Court Clerk's Office at 716 Richard Arrington Jr. Blvd N., Room 400, Birmingham, AL 35203.
• Mobile (Mobile County): In Mobile County, the base filing fee for small claims cases in the District Civil/Small Claims Division ranges from $61 to $224. Individuals and businesses can file their cases at the clerk's office located at 205 Government Street, Room 317, Mobile, AL 36644.
• Huntsville (Madison County): Pro Se litigants and businesses, as well as licensed attorneys in Huntsville, can file small claims cases online through the AlaFile system. The District Clerk's Office, located at 100 North Side Square, Huntsville, AL 35801, accepts in-person filings.

What to Expect at a Small Claims Hearing in Alabama

After filing and serving the defendant, the court will schedule a hearing date and notify both parties. The judge will listen to both sides as they explain their cases and present evidence such as photos, witness statements, contracts, and receipts. In the situation where the defendant fails to file an answer, the judge may enter a default judgment in favor of the plaintiff.

• Appeals: The losing party can appeal a small claims judgment by filing a Notice of Appeal at the Clerk's Office within 14 days of the judgment's entry. Due to the complexity of the legal procedures, the filer may choose to hire an attorney when appealing the case to the Circuit Court.
• Enforcement: If the plaintiff wins a money judgment, the defendant has 14 days to pay. If payment is not made, the plaintiff may go to the Clerk's Office, pay a filing fee, and complete a garnishment or execution form. This allows the winning party to collect the judgment by seizing the losing party's property or garnishing their wages.

How to Search for Small Claims Records in Alabama

Most small claims case files are available for public inspection unless they are sealed or restricted by law. While searching for a case online or in the Clerk's Office, you may find information such as the case number, filing and disposition dates, party names, claims, docket entries, and judgment amounts.

Statewide online access:

On-Demand Access to Trial Court Records: For a fee, record seekers can view case action summaries, court actions, party information, and document images online. To search, the user must have a case number or party name.

Local clerk access (official copies):

The District Court clerk keeps the documents submitted during court proceedings in the District Court. Anyone can visit the Clerk's Office during business hours to request certified copies of small claims cases.

Due to the sensitive information they contain, some materials are not accessible to the public online. Lastly, the Alabama Appellate Courts Public Portal allows users to find small claims cases that were appealed from the District Court to the Circuit Court on or after March 20, 2022.