Alabama Small Claims Court Checklist: Everything You Need

Small claims court in Alabama isn't complicated, but it's easy to miss a step — and one missed step can mean a dismissed case, a delayed hearing, or a judgment you can't enforce. Here's everything you need to check off before, during, and after filing.

Before You File

• [ ] Confirm your claim fits small claims. Money disputes only, with principal recovery up to $6,000, excluding interest and allowable court costs. No injunctions, no evictions (those use the regular District Court docket).
• [ ] Check the statute of limitations. Written contracts: 6 years. Oral contracts: 6 years. Open accounts: 3 years from the last transaction or itemized charge. Personal injury: 2 years. Personal property damage: 6 years. If the period may have expired, check the accrual date and any applicable tolling rules promptly; a demand letter does not pause the deadline.
• [ ] Identify the correct defendant. If suing a business, search the Alabama Secretary of State Business Entity portal for the exact legal name and registered agent. Don't sue a trade name — sue the entity or the individual owner.
• [ ] Determine proper venue. For an individual defendant, use the county where the defendant resides or where the act, omission, or contract breach occurred. For a corporation, venue may also lie where its principal place of business is, or in your county if the corporation does business there.
• [ ] Consider a demand letter. A general contract claim does not require a pre-suit demand, but reasonable efforts to resolve the dispute are useful. A typical response period is 14–30 days; specific claims such as Alabama Deceptive Trade Practices Act and civil worthless-check actions require 15-day written demands or notice. Keep a copy and proof of mailing.
• [ ] Calculate your damages. Add the principal amount owed and any supported prejudgment interest or allowable costs. The $6,000 limit applies to principal, excluding interest and court costs; if principal exceeds $6,000, decide whether to waive the excess.

Filing

• [ ] Complete Form SM-1 (Statement of Claim). Include the parties' legal names, a concise description of the dispute, the amount claimed, and your signature.
• [ ] Redact sensitive information. Remove Social Security numbers, full financial account numbers, and driver's license numbers from all filed documents — show only last four digits if needed.
• [ ] Pay the filing fee. Fees vary by county and claim amount: roughly $52–$102 for claims up to $1,500, $126–$176 for $1,500.01–$3,000, and $215–$265 for $3,001–$6,000 in the schedules reviewed. Cashier's check or money order for paper filing; online payment through AlaFile. Personal checks are rejected for paper filing.
• [ ] Request fee waiver if needed. File Form C-10-CIVIL (Affidavit of Substantial Hardship) with income and expense documentation. The waiver defers fees — it doesn't eliminate them permanently.

Service of Process

• [ ] Track service method. The court serves the defendant via certified mail (green card receipt) or sheriff service. You cannot serve the defendant yourself.
• [ ] Follow up on unclaimed mail. If certified mail comes back "unclaimed," it does not count as valid service. Request sheriff service or hire a private process server (must be a disinterested person aged 19 or older).
• [ ] Note the 120-day deadline. Service must be completed within 120 days of filing; failure to complete service or demonstrate diligence can lead to dismissal without prejudice.
• [ ] Confirm proof of service is on file. Check the court docket for a signed green card or sheriff return of service before proceeding.

After Service

• [ ] Watch the 14-day answer window. The defendant has 14 calendar days from the date of service to file Form SM-3. If no answer is filed after verified service and the deadline passes, you may apply for default judgment.
• [ ] File for default judgment if no answer. After confirming the answer deadline passed and proof of service is on file, submit Form C-25 or C-25A with an affidavit of damages and a non-military affidavit (SCRA compliance). Some county schedules charge a $50 default-judgment fee when the claim exceeds $3,000; check your court's current fee schedule.

Hearing Preparation

• [ ] Organize your evidence. Prepare three sets of every document — one for you, one for the judge, one for the defendant. Contracts, invoices, photos, text messages, emails, bank statements, demand letter with receipt.
• [ ] Request subpoenas early. If you need a witness to appear, file a subpoena request with the clerk at least 10–14 days before trial. Fee: $12 plus service costs.
• [ ] Prepare a brief opening statement. Know your claim amount, the key facts, and what you're asking the judge to award. Keep it under two minutes.
• [ ] Arrive early on trial day. Pass through security, check in with the courtroom deputy, and wait for your case to be called.

After the Judgment

• [ ] Note the 14-day appeal window. Either party can appeal to Circuit Court within 14 days of judgment entry. If no appeal, the judgment becomes final and enforceable.
• [ ] Begin collection if needed. Request a writ of execution or wage garnishment through the court if the defendant doesn't pay voluntarily.

The Alabama Small Claims Filing Guide includes printable versions of every checklist, plus a deadline calendar and evidence organizer to keep your entire case on track.

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