How do I file a small claims case in Alabama to recover money someone owes me?
In Alabama, a civil action to recover money can be started by filing a complaint in district court on the small claims docket. The Administrative Office of Courts provides instructions and standard forms for small claims procedures, and the clerk issues summons after the complaint is filed. District court small claims are meant to be faster and less formal than other courts.
Filing fees depend on how much is claimed. If the amount claimed is within the small claims limits, a lower docket fee applies; higher claims may require larger fees or a different court. If the defendant appears or does not appear, the rules describe how the case proceeds at trial and what notice and service are required.
Current Alabama law
Every answer cites the statute
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The deadline that matters
If an attachment is sued out, the plaintiff must file the complaint within 15 days in the circumstances described in Ala. Code § 6-6-140.
What Alabama law says
What the law says in general: A civil action is commenced by filing a complaint with the court under Ala. R. Civ. P. 3. The Administrative Office of Courts must publish instructions and provide forms for small claims under Ala. R. Jud. Admin. 21. Filing fees for small claims are set by statute: for matters $1,500 or less there is a specific small claims fee, and different fee amounts apply as the amount in controversy increases, under Ala. Code § 12-19-71. The distribution of those fees is described in Ala. Code § 12-19-72. Service and filing of subsequent papers follow the service rules in Ala. R. Civ. P. 5. If the defendant appears a contested issue is made, and if the defendant is duly cited but does not appear the case may proceed as if the defendant had denied the complaint, with a limited postponement option, under Ala. Code § 6-6-335. If an attachment has been obtained, the plaintiff must file the complaint within 15 days in certain circumstances under Ala. Code § 6-6-140.
What to do
A common first step is to complete the small claims complaint form the court provides under Ala. R. Jud. Admin. 21.
A common next step is to file the complaint with the district court clerk so the court can issue a summons under Ala. R. Civ. P. 3.
A common step is to pay the applicable filing fee based on the amount claimed as set in Ala. Code § 12-19-71 and keep copies of the receipt.
A common step is to gather and bring the documents and evidence listed on the evidence checklist the app produced, following the trial preparation guidance mentioned in Ala. R. Jud. Admin. 21.
A common option after filing is to serve the defendant and follow the court's service and notice rules in Ala. R. Civ. P. 5.
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Common questions
How much does it cost to file a small claims case in Alabama?
Filing fees vary by the amount claimed. The statute lists specific fees for claims $1,500 or less, claims over $1,500 up to $3,000, and higher amounts. See Ala. Code § 12-19-71.
Where do I get the forms to file?
The Administrative Office of Courts promulgates forms and the court clerk should have the small claims forms and published instructions as required by Ala. R. Jud. Admin. 21.
What happens if the defendant does not show up to court?
If a defendant was duly cited but does not appear, the case may proceed as if the defendant denied the complaint, or the trial may be postponed up to 15 days for good cause under Ala. Code § 6-6-335.
Do I need to prove my claim at the hearing?
Yes, small claims trials are simplified but require evidence. The small claims instructions include suggestions about evidence to bring to trial under Ala. R. Jud. Admin. 21.
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This is legal information about Alabama small claims procedures, not legal advice. CiteLaw is not a law firm and does not represent you. For advice about your specific situation, consult a licensed attorney.
