How to File Small Claims Court in Alabama

Before You File: The Demand Letter

Alabama judges expect you to show that you tried resolving the dispute before going to court. Send a demand letter via USPS Certified Mail with Return Receipt Requested. In the letter, state exactly who you are, what happened, how much money is owed, and a clear deadline for payment — typically 14 to 30 days.

For certain claims, a written demand is actually required by statute. Deceptive trade practices claims under § 8-19-10 need a formal written demand at least 15 days before filing. Civil worthless check actions under § 6-5-285 have the same 15-day notice requirement.

Keep a copy of the letter and the certified mail receipt. You'll need both at the hearing.

Confirm Your Claim Fits Small Claims Court

Alabama's Small Claims Division handles money disputes up to $6,000, excluding interest and court costs. The claim must be for money damages only — no injunctions, no property possession, no eviction orders.

Check the statute of limitations before filing:

• Written and oral contracts: 6 years (§ 6-2-34)
• Open accounts and unstated invoices: 3 years (§ 6-2-37)
• Property damage: 6 years (§ 6-2-34)
• Personal injury: 2 years (§ 6-2-38)

A demand letter does not pause or toll these clocks.

Identify the Right Defendant

If you're suing a person, use their legal name. For a sole proprietorship, name the individual owner; for a partnership, name the partners. For an LLC or corporation, use the registered entity name, not the trade name on the storefront sign.

For an LLC or corporation, search the Alabama Secretary of State Business Entity Search portal. It lists the exact registered name (distinguishing "Inc." from "LLC"), the entity's status, and the registered agent's name and address for service.

A judgment against an incorrect entity name can be unenforceable. Get this right before filing.

Choose Your Filing Method

Alabama gives you two options:

AlaFile (alafile.alacourt.gov): The state's electronic filing system. Self-represented litigants can register for a pro se account, upload documents as PDFs, and pay fees online. Mandatory for attorneys, optional for everyone else.

Paper filing at the District Court Clerk's office: Bring the original signed Form SM-1, the filing fee (cashier's check or money order — most clerks won't accept personal checks), and enough copies for the court and each defendant.

Fill Out Form SM-1

Form SM-1 is the Statement of Claim. It's the document that starts your case. You'll fill in:

• Your full legal name and address (the plaintiff)
• The defendant's full legal name and address
• The amount you're claiming (up to $6,000)
• A concise description of what happened — the transaction, the breach or damage, and the amount owed

Keep the facts tight. This isn't a closing argument. State what happened, when, and how much you're owed. Redact Social Security numbers, financial account numbers, and driver's license numbers to their last four digits — Alabama privacy rules require it.

Pay the Filing Fee

Fees vary by county and by the amount of your claim. Rough ranges:

• Up to $1,500: $52–$102
• $1,500.01–$3,000: $126–$176
• $3,001–$6,000: $215–$265

Those tier breaks are sharp. A claim of $1,510 can cost $74 more in filing fees than a claim of $1,500. If your claim is near a threshold, consider whether seeking a lower amount is worth the fee savings.

If you can't afford the fee, file Form C-10-CIVIL (Affidavit of Substantial Hardship) to request a deferral. Approval defers fees until the case concludes — it doesn't waive them permanently.

Serve the Defendant

The court won't proceed until the defendant is properly served. You cannot hand them the papers yourself. Three valid methods:

1. County Sheriff: The clerk sends the summons and complaint to the sheriff's office, which serves the defendant in person. Fees range from $10 to $50 depending on the county.
2. Certified Mail: The clerk mails the documents via USPS Certified Mail with Return Receipt (the "green card"). If the defendant signs the receipt, service is complete.
3. Private Process Server: Any person at least 19 years old who isn't a party to the case can serve the papers and file a sworn affidavit of service with the clerk.

Service must be completed within 120 days of filing under ARCP Rule 4(m). If certified mail comes back "Unclaimed," that does not count as valid service — you'll need to try again via the sheriff or a process server. If it comes back "Refused," service is deemed complete after the clerk follows up with ordinary first-class mail.

What Happens After Service

The defendant has 14 calendar days from the date of service to file an Answer (Form SM-3). If they don't respond, you can file for a default judgment using Form C-25.

If they do respond, the clerk sets the case for a hearing — usually 30 to 60 days out. Bench trial, no jury. Arrive with organized evidence: contracts, invoices, photos, text messages (printed), and your demand letter with proof of mailing.

The full procedure — with county fee tables, service tracking worksheets, deadline calendars, and hearing checklists — is in the Alabama Small Claims Filing Guide.

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