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Small claims forms · Alabama

Alabama small claims court forms, filled in for you

Answer a few questions once. Vera fills in the Alabama court's own forms from your answers, walks you through anything left, and gives you one packet to file, with how to file it.

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Sign online where the court accepts it. E-filing: AlaFile (optional). Keep a signed original. On paper: Ala. R. Jud. Admin. 30(G) Forms sworn before a notary or the clerk are still signed by hand.

If you were sued: your answer is due 14 days after you were served. Source: Alabama Small Claims Rule F and the Defendant's Answer (SM-3).

To sue (you're the plaintiff)

  • Statement of Claim (Complaint), General (Form SM-1)Sign online

    The court's own form (eforms.alacourt.gov)

    What to know
    • Small claims cases are heard in the District Court (Ala. Small Claims Rule A). The forms print "IN THE SMALL CLAIMS COURT OF ___ (Name of County), ALABAMA". "To start your case you must file the completed form with the clerk assigned to Small Claims cases. The clerk will stamp a copy for you to show that the case has been filed and will insert the number of the case on the front of this form" (form SM-1, back).
    • The Small Claims forms (SM-1 and SM-2) "shall be sufficient and their use is strongly recommended" (Ala. Small Claims Rule C). SM-1 is for a claim for money, including a claim to get back a residential security deposit; the court's Small Claims forms list has no separate deposit form. SM-2, Statement of Claim (Complaint) for Specific Property, is for getting back property itself (eforms.alacourt.gov, Small Claims).
    • "You must complete one of these forms for each defendant you wish to sue. Each defendant must be described by his/her correct legal name and address (not a post office box). Be as brief as possible but include every important name, date and place" (form SM-1, back).
    • Vera filled the county when the name of your court as you saved it gives one, the plaintiff's name and the defendant's name. Copy the names exactly as the Statement of Claim shows them. If the county blank is empty, write the county where the case is filed. The clerk fills in the case number (form SM-1).
    • From your answers in Court forms, Vera filled both home addresses, the amount you claim and why (item 1: "I claim the defendant owes the plaintiff the sum of $___ because:"), the interest you claim if you gave an amount (item 2: "$___ for interest"), a second defendant's name and address under "Additional Defendant(s) and Addresses" if you are suing two, and your phone number under the signature line. If your reason is longer than the form's lines, the last line says it continues on a sheet added at the end, which has it in full: file that sheet with the form. Check each one. The form asks for a home address, "not a post office box" (form SM-1, back).
    • Still yours: any more defendants and their addresses, your attorney's address if you have one, and the court costs and lawyers' fees you claim, if any (item 2). The form has no blank for an interest rate or the date interest runs from. Lawyers' fees are "only if plaintiff is represented by a licensed, practicing attorney and if the contract or note you signed so provides" (form SM-1). The form has no line for a business's registered agent, so Vera leaves the agent off it (form SM-1).
    • You may bring the case yourself or with a lawyer: the rules require the court to "make such accommodation to parties not represented by an attorney as is necessary to serve the ends of justice" (Ala. Small Claims Rule A), and the form has lines for the plaintiff's attorney and attorney code (form SM-1).
    • Sign on the "Plaintiff or Plaintiff's Attorney (Signature)" line (form SM-1). Vera never signs or dates a form. The Clerk's Address, Clerk's Phone No., Date of Filing and everything on the back (the summons and the return on service) are for the clerk and the person who serves the papers.
    • Service: the summons on the back is to the sheriff or any person authorized by the Alabama Rules of Civil Procedure, or by certified mail at your request (form SM-1, back). Service is made as the Alabama Rules of Civil Procedure provide (Ala. Small Claims Rule D): by the sheriff, a constable or another process server, or by certified mail or commercial carrier (Ala. Small Claims Rule F). "You are responsible for seeing that each defendant receives a copy of this form. If you haven't heard from anyone about the case in about fourteen days, then check with the clerk's office, to make sure that each defendant has been served" (form SM-1, back).
    • The defendant has 14 days after being served to file an answer with the clerk (Ala. Small Claims Rule F; form SM-1). If the defendant does not answer, "You may take a judgment by default fourteen (14) days after the defendant has received a copy of this form" (form SM-1, back).
    • If there is a trial, the clerk notifies the parties of the place and time at least fourteen days before it (Ala. Small Claims Rule J). "You must be present or your case will be dismissed" (form SM-1, back). Collecting a judgment is your responsibility, not the court's or the clerk's (form SM-1, back).
    • If you cannot pay the filing fee, the court's Small Claims forms list includes "C-10-Civil Affidavit of Substantial Hardship and Order - Civil" (eforms.alacourt.gov, Small Claims). The forms do not state the fee: ask the clerk.

If you were sued (you're the defendant)

  • Defendant's Answer (Form SM-3)Sign online

    The court's own form (eforms.alacourt.gov)

    What to know
    • Deadline: file the answer "within 14 days after a copy of the summons and complaint has been delivered to the defendant" (Ala. Small Claims Rule F). The form says it must "ARRIVE AT THE CLERK'S OFFICE WITHIN 14 DAYS AFTER THE STATEMENT OF CLAIM WAS DELIVERED TO YOU"; if you mail it, check with the clerk's office after several days that it was received on time (form SM-3, back). If you do not answer in time, a judgment can be taken against you (form SM-1).
    • Vera filled the county when the name of your court as you saved it gives one, the plaintiff's name and the defendant's name. Copy the names exactly as the Statement of Claim shows them. If the county blank is empty, write the county where the case is filed. Vera filled the case number if your case has one: copy it from the Statement of Claim if the box is empty.
    • Check only one of A to D (form SM-3). A asks to move the case to your home county: you may ask for this "If you have been sued in county in which you do not live and if the suit against you is not for services or work and labor performed in the county where suit has been filed" (form SM-3). B admits everything and consents to a judgment; C admits part and D denies all, and either one sets the case for trial. If you check C or D, briefly explain your reasons (form SM-3). From your answer in Court forms, Vera marked B if you agree you owe the claim, C if you dispute part of it and D if you dispute all of it, and typed your reasons under C or D. Check that the box is the one you mean: B consents to a judgment. Vera never marks A: if you want the case moved to your home county, mark A instead and write the county (form SM-3).
    • From your answers in Court forms, Vera filled both home addresses, your phone number (under the signature line and again at the foot) and your email address. Still yours: any other defendants, the name, address and phone number of your employer, and your address under the signature only if it differs (form SM-3). You may answer yourself or through a lawyer (form SM-3).
    • "This answer must be signed by the person or persons who have been sued or their attorney. An answer which is not signed or which is not signed by the proper person cannot be considered" (form SM-3). Vera never signs or dates a form. The Clerk's Address, Clerk's Phone No. and Date of Filing are for the clerk.
    • "Mail the original to the Small Claims Court Clerk at the address below. Mail a copy to the plaintiff or his/her attorney, if he/she is represented by an attorney, at the address above. Keep a copy for your files" (form SM-3). The rule itself requires a copy to the plaintiff only when the answer contains a counterclaim (Ala. Small Claims Rule F).
    • If you denied the claim, the clerk sends you a notice of the time and place of the trial (form SM-3, back), at least fourteen days before the trial (Ala. Small Claims Rule J).

  • Defendant's Counterclaim (Form SM-6)Sign online

    Only if you have a claim against the plaintiff.

    The court's own form (eforms.alacourt.gov)

    What to know
    • "If a defendant has a claim against a plaintiff, he shall file it with his answer and send a copy of it to the plaintiff" (Ala. Small Claims Rule C). "The Answer and Counterclaim must be filed with the clerk and with the plaintiff within 14 days from the date the original Statement of Claim was served on you" (form SM-6, back).
    • Before you deliver or mail your answer to the clerk, mail an additional copy of your Answer and Counterclaim to the plaintiff at the address on the front of the Statement of Claim. Then mail the original Answer and Counterclaim to the Small Claims Court Clerk, and keep a copy (form SM-6).
    • Vera filled the county when the name of your court as you saved it gives one, the plaintiff's name and the defendant's name. Copy the names exactly as the Statement of Claim shows them. If the county blank is empty, write the county where the case is filed. Vera filled the case number if your case has one: copy it from the Statement of Claim if the box is empty.
    • From your answers in Court forms, Vera filled both home addresses, your phone number under the signature, and in Part 1 the amount you claim the plaintiff owes you and why. If your reason is longer than the form's lines, the last line says it continues on a sheet added at the end, which has it in full: file that sheet with the form. Still yours: any court costs and interest you claim (form SM-6, Part 1). "BE AS BRIEF AS POSSIBLE, but include every important name, date, and place" (form SM-6, back).
    • "BE SURE TO SIGN THIS FORM BEFORE MAILING" (form SM-6). Add your address under the signature. Vera never signs or dates a form. The Clerk's Address, Clerk's Phone No. and Date of Filing are for the clerk.

Checked against the court's own forms and rules. Courts change forms; check with the clerk before you file. This page is general information, not legal advice.