Small Claims Court
by: Legal Services Alabama
The Small Claims Court in Alabama is a part of a county's District Court where individuals and businesses can settle legal disputes involving $3,000 or less. Small Claims Court is set up to be simple, informal, and inexpensive. You can represent yourself in Small Claims Court. You do not have to hire a lawyer.
How do you file a Small Claims lawsuit?
Filing a Small Claims Court lawsuit is not difficult. Find out the name and address of the person or business you are suing (the person being sued is called the defendant), and go to the District Court clerk's office in the county where the wrong occurred, or where the person or business you are suing is located. Get a Statement of Claim (Complaint) form from the clerk and fill it out. When you give it back to the clerk, the court will see that a copy is sent to the defendant. The court clerk cannot give any legal advice.
You must pay a filing fee when you file the lawsuit. However, if you cannot afford to pay the fee then, you can get an Affidavit of Substantial Hardship form from the clerk to ask the judge to delay payment.
Once the defendant gets a copy of the Statement of Claim, the defendant has 14 days to submit an Answer to the court. If the defendant does not submit an Answer within 14 days, you can ask the court to enter a default judgment in your favor.
What if you are sued in Small Claims Court?
If you are sued by a business or individual (the person suing is called the plaintiff), you will get the Statement of Claim either from the sheriff or by certified mail. You must fill out the Answer form enclosed with the Statement of Claim and return it so that the District Court clerk receives it within the 14 days you have to answer. If you believe the person or business suing you actually owes you money, you can get a Counterclaim form from the District Court clerk to make your claim against the plaintiff. You may want to contact a lawyer to find out your legal rights.
What happens at the trial?
If the defendant answers the Complaint and denies owing part or all of the money sued for, the Court will send a notice to the parties setting a trial date. To prepare for the trial, be sure to get together all papers, receipts, bills, photographs, and so forth, which may help your case. You should bring any witnesses who have first-hand knowledge of what happened. If a witness is important but is unwilling to appear, you can make the witness appear by having the District Court clerk issue a subpoena. To get a subpoena, you must go to the clerk's office well in advance of the trial date, fill out a subpoena request form, and pay a subpoena fee.
You have the right to have an attorney represent you in Small Claims Court, but you are not required to have one. A Small Claims Court trial is relatively informal, and there is no jury. The person suing (the plaintiff) goes first, presenting evidence and calling witnesses. The defendant gets to question the plaintiff's witnesses and present evidence and witnesses.
It is important to be on time to court, or the judge may automatically rule against you. Do not interrupt the other side, even if what is being said is wrong. You will have the opportunity to have your say. After both sides have given their evidence, the judge will make a decision based on the law and the facts presented. A written judgment will be sent to you.
What if you think the judge is wrong?
If either party disagrees with the judge's decision, he or she can appeal the case by going to the clerk's office and filing a Notice of Appeal form within 14 days of the date of the written judgment. The person appealing must pay a filing fee and post a bond for court costs. You may need an attorney to help you at this point because the appeal will be heard by the Circuit Court, which is more complicated than Small Claims Court.
If you win, how do you collect your judgment?
If you win a money judgment, the other party has 14 days to pay the judgment. If it is not paid, you can then go to the clerk's office, pay a fee, and fill out an Execution or Garnishment form. An Execution requests a court order authorizing the sheriff to pick up any property belonging to the other party, and to sell it to satisfy the judgment. A Garnishment requests a court order withholding the other party's wages to pay the judgment.
What if you lost and the other party tries to collect?
If an Execution or Garnishment is filed against you, you may still be able to protect your wages or property. You should ask a lawyer to explain your legal rights to you, since the court clerk cannot give you legal advice.
Caution!!!
If you sue or are sued in Small Claims Court you may need to include all of the claim you have against the other party in your claim or counterclaim. Failure to include all claims that flow from a common set of facts can prevent you from maintaining separate additional claims at a later date.
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