Alabama Small Claims Fee Waiver: How the Hardship Affidavit Works

What the Hardship Affidavit Actually Does

Alabama small claims filing fees range from $52 to $265+ depending on your county and claim amount. If you can't pay that upfront, Form C-10-CIVIL — officially titled "Affidavit of Substantial Hardship and Order - Civil" — lets you ask the District Judge to defer those costs.

The key word is defer, not waive. Approval means the clerk assigns your case number and issues process without requiring payment first. The fee doesn't disappear — it gets taxed as costs at the conclusion of the case. If you lose, you may still owe it.

Who Qualifies

The form requires you to disclose, under oath:

• Household income from all sources
• Liquid assets (bank accounts, cash on hand)
• Real property equity (home, land)
• Monthly living expenses (rent, utilities, food, medical, transportation)
• Public assistance you currently receive — TANF, SNAP, SSI, Medicaid

The presiding District Judge reviews the affidavit and decides whether to approve the request. Disclose the required income, assets, expenses, and public-assistance information; approval is not automatic based on benefit status alone.

How to File It

Submit Form C-10-CIVIL at the same time you file your Statement of Claim (Form SM-1). You can file it:

• In person at the District Court Clerk's office
• Through AlaFile (alafile.alacourt.gov) as part of your electronic filing

If the judge approves the affidavit, your case proceeds immediately — the clerk issues the summons and begins the service process without waiting for fee payment.

If the judge denies it, you'll be ordered to pay the filing fee within a specified timeframe. Failure to pay means the case is dismissed without prejudice — you can refile later once you have the funds, provided the statute of limitations hasn't expired.

What the Deferral Covers

The affidavit applies to the initial docket fee and sheriff service fees — the two costs that stand between you and getting your case filed. It does not cover:

• Witness subpoena fees ($12 per subpoena)
• Default judgment fees ($50 for claims over $3,000 in applicable counties)
• Appeal fees if you later appeal to Circuit Court

A separate variant, Form C-10D, specifically targets docket fee prepayment waivers. Your clerk's office can tell you which form they prefer.

One Practical Tip

If your claim amount sits just above a fee tier break — $1,510 instead of $1,500, or $3,050 instead of $3,000 — the filing-fee difference is $74 at the $1,500 tier and $89 at the $3,000 tier in the county schedules shown. Before giving up part of a claim to seek a lower fee tier, get legal advice about whether you could later recover the remainder. A hardship deferral is a separate request.

The Alabama Small Claims Filing Guide walks through the fee structure county by county and includes the complete filing sequence — whether you're paying upfront or applying for a deferral.

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