Sue a Contractor in Small Claims Court Alabama
You paid a contractor $4,000 to redo your kitchen. They tore out the cabinets, cashed your check, and stopped returning calls three weeks ago. Alabama's small claims court was built for exactly this situation.
Does Your Claim Fit Small Claims Court
Alabama's Small Claims Division handles money disputes up to $6,000. If your contractor took a deposit and vanished, did half the work and walked off, or did work so bad you had to pay someone else to fix it — those are all money claims.
What small claims can't do: it can't order the contractor to come back and finish the job. It awards money damages only. So you'll need to calculate what you're owed in dollars — the deposit they kept, the cost to hire someone else to finish or fix the work, or the difference between what you paid and what the work was actually worth.
Name the Right Defendant
This is where contractor cases get dismissed before they start. If "Mike's Home Repairs" is actually Michael Johnson operating as a sole proprietor, you sue Michael Johnson individually, d/b/a Mike's Home Repairs. If the business is an LLC, you sue the LLC by its exact registered name.
Search the Alabama Secretary of State Business Entity portal before filing. It shows whether the business is a sole proprietorship, LLC, or corporation, and gives you the registered agent's name and address — which is who gets served with your court papers.
Build Your Evidence File
Contractor disputes live and die on documentation. Gather everything:
- The written contract or estimate — even a text message agreeing to the scope and price counts
- Proof of payment — bank statements, canceled checks, Venmo/Zelle receipts
- Photos of the work site — before, during, and the current state
- Communications — texts, emails, voicemails where the contractor acknowledged the job, made excuses, or went silent
- Repair estimates — get two written quotes from other contractors to finish or fix the work
Compare what you paid with the value of work actually completed and the documented cost to finish or correct the job. Include only losses supported by your records, and keep the principal amount within the $6,000 small claims limit unless you waive any excess.
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The Filing Process
File Form SM-1 at the District Court Clerk in a county where venue is proper, including the county where the work or breach occurred. Pay the filing fee (about $52 to $265 in the county schedules reviewed, depending on the claim amount and county).
The court serves the contractor through certified mail or sheriff service. If they operate through an LLC, service goes to the registered agent listed with the Secretary of State. If certified mail comes back unclaimed, switch to sheriff service.
The contractor has 14 days after service to file an answer. Many don't — they already ghosted you once. If they don't respond, you can request a default judgment by filing Form C-25.
What Happens at the Hearing
Bring three copies of every document — one for you, one for the judge, one for the contractor. Present your evidence in order: the agreement, the payment proof, the photos showing incomplete or defective work, the communications showing you tried to resolve it, and the repair estimates showing what it'll cost to fix.
The judge will likely ask: What was the agreement? What did you pay? What was done and what wasn't? Did you give the contractor a chance to fix it? What will it cost to finish?
If the contractor shows up and claims the work was completed or that you changed the scope, your documentation can help support your account. Photos and timestamps can help show what happened and when.
The Alabama Small Claims Filing Guide includes a filing preparation worksheet and evidence binder organizer built specifically for documenting contractor disputes through the court process.
Get Your Free Alabama Small Claims Filing Checklist
Download the Alabama Small Claims Filing Checklist — a printable guide with checklists, scripts, and action plans you can start using today.