How does small claims court work in Alabama?
1. Jurisdictional Limit
Ala. Code § 12-12-31(a) caps Small Claims Division jurisdiction at $6,000, exclusive of costs and interest.
2. Court Name
Small Claims Division of the District Court in each county.
3. Filing Fee
Filing fees scale with claim size: $44 (up to $1,500), $96 ($1,501-$3,000), $216 (over $3,000), plus $35 sheriff service per defendant. Indigent filers may submit an Affidavit of Substantial Hardship under Ala. R. Civ. P. 24.
4. Filing the Claim
File a Statement of Claim (Form C-59) in the county where the defendant resides, was injured, or where the contract was breached (Ala. Code § 6-3-2). Service is by certified mail by the clerk or by sheriff (Ala. R. Civ. P. 4).
5. Defendant's Response
Defendants must file a written Answer within 14 days of service (Ala. Small Claims R. C). Failure results in default judgment. Counterclaims must be filed with the Answer.
6. Attorney Representation
Attorneys are permitted on both sides (Ala. Small Claims R. F). Corporations and LLCs may appear through a non-attorney officer or employee in small claims, an exception to the general rule.
7. Hearing
Hearings before the district judge are informal; the Alabama Rules of Evidence are relaxed (Ala. Small Claims R. G). The judge may render judgment immediately.
8. Judgment & Collection
Either party may appeal to the Circuit Court within 14 days for a trial de novo (Ala. Code § 12-12-70). An appeal bond is required unless waived. Collection tools include garnishment under Ala. Code § 6-6-370 (Alabama allows wage garnishment up to 25% of disposable earnings or 30 times federal minimum wage, whichever is less), writs of execution under § 6-9-20, and judgment liens recorded with the probate judge under § 6-9-211.
9. Statute of Limitations
Standard SOLs apply: 6 years for contracts not under seal (Ala. Code § 6-2-34), 2 years for personal injury and property damage (§ 6-2-38), and 2 years for fraud (§ 6-2-3 — from discovery).
This is legal information, not legal advice.
- Your claim exceeds $6,000 and must be filed on the regular District Court civil docket (up to $20,000)
- The defendant has appealed to Circuit Court for a trial de novo with formal rules of evidence and procedure
- You face a fraud claim where Alabama's 2-year discovery rule requires careful timing analysis
- Ala. Code § 12-12-31
- Alabama Small Claims Rules
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.