Alabama Small Claims Court: The $6,000 Limit, Filing Fees and the 14-Day Deadlines

In Alabama, small claims cases go on the small claims docket of the district court, for claims up to $6,000 [1]. You can bring your own case without a lawyer. The two deadlines to remember are both 14 days: to answer a claim, and to appeal a judgment [3][4].

What small claims handles

The district court hears civil cases where the amount in dispute, not counting interest and costs, is $6,000 or less, and puts them on its small claims docket with simpler procedures [1]. If you’re owed more, you’ll need to file a regular civil case.

Who can speak for you

Anyone can appear in small claims with or without a lawyer [1]. A corporation can send an officer or full-time employee, and a partnership a partner or employee [1].

A few rules limit what people without lawyers can do [1]:

• You can only win attorney fees if you’re represented by a licensed attorney.
• Someone who bought or was assigned a claim, such as a debt buyer, must have a lawyer to file in small claims.
• No one but a licensed attorney can file a small claims case on someone else’s behalf.

How to file

1. Fill out a Statement of Claim (Form SM-01). Forms are available from the circuit clerk’s office or Alabama’s online court forms site [3].
2. File in the right county, where the defendant lives or has an office [3].
3. Pay the filing fee. State law sets the base docket fee by how much you claim [2]. Counties add local fees, so the total is higher; the clerk has the exact amount.
4. Have the defendant served, usually by the sheriff or by certified mail, restricted delivery. Each method has its own fee [3].

If you’re the one being sued

You must answer within 14 calendar days of being served [3]. The answer form is SM-03, and if you think the plaintiff owes you, you can file a counterclaim on Form SM-06 [3]. If you don’t answer in time, the court can enter a default judgment against you [3].

The trial

Small claims trials are informal and heard by a judge, without a jury [3]. Bring everything that proves your side: contracts, receipts, photos, texts and estimates. If you need a witness who won’t come on their own, ask the clerk for a subpoena early. Houston County, for example, says to allow at least two weeks for service before the trial [3].

If the plaintiff is late or absent, the case can be dismissed. If the defendant is, the plaintiff can win by default [3].

Appeals

Either side can appeal a district court judgment by filing a notice of appeal in district court within 14 days of the judgment, or of the denial of a post-trial motion, whichever is later [4]. The appeal goes to circuit court, which tries the case over from the start. You get a jury there only if you ask for one in your notice of appeal [5]. The notice of appeal form is C-35 [3].

Collecting after you win

Winning doesn’t mean the money arrives on its own. If the other side doesn’t pay, you can ask the court for [3]:

• a writ of execution (Form C-20), to have the sheriff seize and sell property, or
• a garnishment (Form C-21), to take money from wages or a bank account.

Each has its own filing fee. Which tool works depends on what the debtor has.

Where to get help

• Circuit clerk’s office in your county: forms, fees and court dates.
• Legal aid: Alabama’s legal aid programs help eligible people with civil cases.
• A private attorney: worth it if you need attorney fees awarded, or the claim is near the $6,000 limit.

For limits in other states, see BestAmerica’s chart of small claims limits by state.