Alabama Small Claims Court Default Judgment: How to Get One When the Defendant Doesn't Respond

When You Can Request a Default Judgment

After you file and serve your small claims complaint, the defendant has 14 calendar days from the date of service to file a written Answer (Form SM-3) with the District Court Clerk. If that deadline passes and no Answer has been filed, you can apply for a default judgment.

The critical word is "from the date of service" — not the date you filed, and not the date the clerk mailed the papers. Service is complete when it is perfected under the applicable method. A signed return receipt can establish certified-mail service; refused mail requires the clerk's ordinary-mail follow-up under Rule 4(e), while unclaimed mail is not valid service.

If the 14th day falls on a weekend or state holiday, the Answer deadline extends to the next business day at 5:00 PM.

Step-by-Step: Filing for Default

1. Confirm service was completed. Check the court docket (through AlaFile or by calling the clerk) to verify that proof of service is on file — the signed USPS green card or the sheriff's endorsed return.

2. Confirm no Answer was filed. Wait until at least day 15 after verified service. Check the docket again to make sure the defendant hasn't filed a response.

3. File Form C-25 (or C-25A). This is the Application, Affidavit, and Entry of Default Judgment. It formally asks the judge to enter judgment in your favor because the defendant failed to respond.

4. Include a military status affidavit. Include the affidavit required under the Servicemembers Civil Relief Act (SCRA), 50 U.S.C. § 3931, addressing the defendant's military status. If the defendant is on active duty, default-judgment protections may apply.

5. Attach proof of your damages. For liquidated claims (a specific dollar amount backed by a contract, invoice, or receipt), attach the documentation. The judge may rule on the paperwork alone. For unliquidated claims (where the exact amount needs to be determined), the judge may require a brief "prove up" hearing where you present evidence of damages.

6. Pay the default judgment fee. In some counties, claims exceeding $3,000 carry an additional $50 default judgment motion fee. Cherokee County, Jefferson County, and Mobile County all charge this. Check with your clerk's office.

What the Judge Does

The judge reviews your application, the proof of service, and your evidence. For liquidated claims with clear documentation, the judge may rule on the paperwork alone. For unliquidated claims — property damage estimates, pain and suffering, disputed amounts — the judge may schedule a brief hearing where you testify and present evidence.

The default judgment doesn't require the defendant to be present. But the judge still has to be satisfied that your evidence supports the amount you're claiming. Silence from the defendant doesn't waive your burden to prove damages.

What the Default Judgment Includes

A default judgment typically covers:

• The principal amount claimed
• Allowable court costs (filing fee, service costs)
• Prejudgment interest on liquidated debts (6% per year under Alabama Code § 8-8-1)
• Postjudgment interest (7.5% per year under § 8-8-10, from the date of judgment)

Attorney fees are generally not included under Alabama's American Rule, unless a statute or contract specifically provides for them.

Can the Defendant Challenge a Default?

Yes, through two paths:

Motion to Set Aside Default (ARCP Rule 55(c)): File within 14 days of the default entry. Whether the motion succeeds depends on the facts and the applicable rule.

Appeal to Circuit Court (Form C-37): Filed within 14 days of judgment entry. This triggers a trial de novo — a completely new trial in Circuit Court where the default judgment is set aside.

Default Judgment vs. Going to Trial

A default judgment is faster than a contested hearing, but it only works when the defendant genuinely doesn't respond. If the defendant files even a bare-bones Answer within the 14-day window, the case becomes contested and goes to trial.

From a practical standpoint, filing the complaint and achieving service often motivates settlement — many defendants respond once they realize the case is real. The default judgment is your backup when they don't.

For the complete default judgment filing sequence — including the SCRA verification process, required attachments, and county-specific fees — the Alabama Small Claims Filing Guide covers every step from service confirmation through judgment entry.

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