Alabama Small Claims Judgment Collection: How to Collect

You won your case. The judge entered a judgment in your favor. And now the defendant hasn't paid a dime. Winning in Alabama's small claims court is one thing — collecting is another. Here's how to turn a paper judgment into actual money.

Wait for the Appeal Window to Close

Either party may appeal a final small claims judgment to Circuit Court within 14 days. The appeal is a new trial (trial de novo). To stay execution of a money judgment during an appeal, the appellant must post a bond or other security approved by the clerk, typically covering the judgment and estimated costs.

If 14 days pass with no appeal, the judgment becomes final and enforceable. Postjudgment interest accrues at 7.5% per year under Alabama Code § 8-8-10, which adds to what the defendant owes.

Start with a Demand

Before deploying enforcement tools, send the defendant a letter — certified mail, return receipt — stating the judgment amount, the postjudgment interest accruing, and a deadline to pay (10–14 days is reasonable). Some defendants pay at this point because they know what comes next is worse.

Writ of Execution

If voluntary payment doesn't happen, file for a writ of execution with the District Court Clerk under Alabama Code § 6-9-1. The court issues the writ to the county sheriff for execution against non-exempt property. Ask the clerk which property and levy procedures apply in your county; do not assume a writ automatically reaches a bank account.

Alabama law exempts some property from execution, and the applicable categories and amounts can affect what a sheriff may levy. Check the current exemption rules before pursuing a levy.

The sheriff's fee for executing the writ varies by county. Ask the clerk whether the fee is due upfront and whether it can be added to the judgment balance.

Wage Garnishment

Under Alabama Code § 6-10-7, you can garnish up to 25% of the defendant's disposable earnings (after taxes and mandatory deductions). File a garnishment action with the court, and the judge issues an order directing the defendant's employer to withhold wages and pay them to you.

The amount collectible through garnishment is subject to applicable state and federal limits. Follow the current court procedure for notices, objections, and any changes to a garnishment order.

The 25% figure is a ceiling, not a guaranteed recovery; additional legal limits can reduce the amount available.

Recording a Judgment Lien

For long-term collection against a defendant who owns real estate, record a certificate of judgment in the County Probate Office where their property is located. This creates a lien under Alabama law that lasts 20 years.

The lien attaches to the defendant's real property and may affect a later sale or refinance. It does not guarantee payment; recovery depends on the property's equity and other liens.

Discovery in Aid of Execution

If you don't know what assets the defendant has, ask the clerk or a lawyer what post-judgment discovery procedures are available and how to request them. Follow the court's rules before seeking a debtor examination or issuing a subpoena.

When Collection Gets Difficult

Some defendants may have no wages or non-exempt property available for collection. A recorded certificate of judgment creates a 20-year real-property lien; check current enforcement deadlines and renewal requirements before relying on a judgment for years.

The Alabama Small Claims Filing Guide covers the full process from demand letter through judgment, and pairs with the judgment collection guide for enforcement strategies after you win.

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