Everything from the first letter to getting paid, in the order you'll do it. Tick each step as you go; your progress is saved in this browser.
1–3 weeks before filing
Alabama doesn't require a demand letter before you file, but asking for payment in writing first is a good idea.
Use the free demand letter generator, give them 10–14 days, and keep a copy with proof of the date you sent it.
In Alabama you can sue for up to $6,000 in the District Court (Small Claims Docket).
Run the 60-second case check to see the last day you can file.
Sue the company by its registered legal name and serve its registered agent.
1–2 evenings
SM-01: Statement of Claim. Get the form.
Sign the Statement of Claim. A notary is needed later only for some forms, such as the default judgment affidavit (C-25A).
Bring the original plus one copy for each defendant and one for yourself.
Filing day
Choose how you'll file:
File with the District Court clerk in the county where the defendant lives or, for a business, where it does business or where the problem happened. Use the defendant's exact legal name.
Fees depend on the amount and differ a little by county. In Jefferson County it's $66 up to $1,500, $140 up to $3,000 and $229 up to $6,000; other counties charge roughly $50 to $255. Extra defendants and sheriff or certified-mail service cost more. Can't afford it? Ask for a fee waiver: Affidavit of Substantial Hardship (asks the judge to let you pay later).
The clerk gives you a case number and sends the claim to the sheriff or by certified mail. The clerk mails you the date of service; it isn't given by phone.
Right after filing
The clerk sends the claim to the sheriff to deliver, or mails it by certified mail (used for P.O. boxes and out-of-state addresses). You pay the service cost when you file.
After being served, the defendant has 14 days to file an answer.
Sheriff's return or certified mail receipt
The sheriff or the post office returns proof of service to the clerk; you don't file it yourself.
Don't wait until the hearing. Ask the clerk right away for a new hearing date and try another method, such as personal delivery instead of mail, or a different address.
1–4 weeks before
The defendant must file an answer (form SM-03, or SM-06 with a counterclaim) within 14 days of being served.
If you settle, tell the clerk in writing and say who pays the court costs; if it doesn't say, the plaintiff pays them.
Get any settlement in writing, signed by both sides, with the amount and payment date.
A witness who saw what happened is stronger than a written statement; some judges won't accept letters.
Ask the clerk for an Order to Appear (subpoena) and pay the fee; allow at least two weeks for it to be served.
Hearing day
Speak to the judge, not the other side. Stay calm, answer the question asked, and don't interrupt.
If the defendant doesn't answer, you can ask for a default judgment with form C-25A (notarized). If you're late or absent at trial, your case can be dismissed.
Weeks to months
Either side can appeal within 14 days of the judgment by filing a Notice of Appeal with the small claims clerk. The case is heard again in Circuit Court, which has its own fee (about $240 to $350) and doesn't use the simpler small claims rules.
The court doesn't collect for you. After the judgment, you can ask for a garnishment of wages or a bank account, or a writ of execution on property. A judgment lasts 10 years and can be recorded in the probate office as a lien.
Keep proof of every payment. When you're paid in full, tell the court; some courts require a satisfaction-of-judgment form.