Alabama Small Claims Court

How it works in Alabama

1. Ask the other side in writing for the money or property, and keep copies.
2. Fill out a Statement of Claim (form SM-01) and file it with the small claims clerk of the District Court in the county where the defendant lives or has an office.
3. Pay the filing fee when you file, or file an Affidavit of Substantial Hardship to ask the judge to delay payment.
4. The sheriff or certified mail serves the defendant, who has 14 days to file an Answer.
5. Gather your papers and witnesses and come to the hearing on time. There is no jury.

What it costs

Set by claim size and varies by county. Four county court pages list $53 to $102 up to $1,500, $127 to $176 up to $3,000, and $216 to $265 up to $6,000, plus service costs. Ask your county clerk.

How long you have to sue

Ala. Code §§ 6-2-34 (six years: unsealed written promises, simple contracts, trespass to person or property, conversion), 6-2-38(l) and (n) (two years: other injury claims), 6-2-33 (ten years: contracts under seal). These are general limits. The clock can start late, pause or be much shorter, as it is for claims against a government agency.

If you lose

Either side can appeal to Circuit Court by filing a Notice of Appeal with the small claims clerk within 14 days after judgment, and the case is heard again from the start.

Official links

• Alabama small claims self-help
• Court forms
• Find your court