Small claims in Alabama.
Alabama's small claims court offers a $6,000 cap with a 14-day appeal window.
- Most you can sue for$6,000Same cap for individuals and businesses
- Filing fee$82-$210Tiered by claim amount
- CourtDistrict Court (small claims docket)
- Lawyers at trialAllowedPermitted but not required
- Appeal window14 daysTrial de novo in circuit court
- Recent change—No major changes in the last 3 years
Find your situation.
Alabama small claims handles money disputes up to $6,000 (or $6,000 if you're a business). Browse 7 categories and 39 specific claim types below.
Alabama allows 6 years to file claims on both written and oral contracts.
Wrong court for these12 situations small claims can’t handle
Eviction (unlawful detainer)
Eviction cases are excluded from small claims court and must be filed on the regular district court docket.
Try instead: District Court ejectment process
Title to real estate
Cases involving disputes over the title to real estate are beyond the jurisdiction of small claims court.
Try instead: Circuit Court
Defamation
Defamation cases are complex and exceed the simplified procedures of small claims court.
Try instead: Circuit Court
Malpractice
Professional malpractice claims require expert testimony and are not suitable for small claims court.
Try instead: Circuit Court
Family law and probate
Matters such as divorce, child custody, and probate are handled by specialized courts.
Try instead: Family Court or Probate Court
Federal claims
Claims involving federal law, such as bankruptcy or patents, are outside the jurisdiction of state courts.
Try instead: Federal Court
Class actions
Class action lawsuits are complex and exceed the procedural scope of small claims court.
Try instead: Circuit Court
Injunctions/specific performance
Small claims court cannot issue orders requiring a party to perform or refrain from specific acts.
Try instead: Circuit Court
Claims against the federal government
Suing the federal government involves specific procedures not handled by state courts.
Try instead: Federal Court
Workers' compensation
Workers' compensation claims are handled by the Alabama Department of Labor.
Try instead: Alabama Department of Labor
Mandatory-arbitration disputes
Disputes subject to mandatory arbitration clauses are typically resolved through arbitration, not court.
Try instead: Arbitration
Suing a deceased person
Claims against deceased individuals must be filed against their estate in probate court.
Try instead: Probate Court
From owed to paid in 6 steps.
Send a demand letter
Not required, but always do it. While not required, sending a demand letter can facilitate settlement and strengthen your case if litigation ensues.
Check your deadline
Every claim has a deadline by which you have to sue (the legal name is the “statute of limitations”). Miss it by a day and your case is dead.
The discovery rule applies to fraud claims, starting the clock when the fraud is discovered.
File your case
File at the Small Claims Division of the District Court. Most cases go in the county where the defendant lives or where the dispute happened.
If you win, filing fees and reasonable service costs are added to the judgment.
E-filing in Alabama: E-filing availability varies by county; check with the local court clerk for specific information.
Serve the defendant
The defendant has to receive official notice of the lawsuit (lawyers call this being “served”) at least 14 days before the hearing (in the same county) or 21 days (out of county). You can’t hand them the papers yourself.
Allowed methods
- Sheriff personal service. Sheriff or constable personally hands the papers to the defendant.
- Certified mail by clerk. Clerk sends the papers via certified mail to the defendant.
- Private process server. A private individual authorized to serve legal documents delivers the papers to the defendant.
File the proof of service (SM-7) at least 7 days before the hearing.
What if you can’t find the defendant?
If the defendant cannot be located after diligent efforts, service by publication may be permitted with court approval.
If the defendant is evading service, document all attempts and seek court permission for alternative service methods.
Show up to the hearing
Bench trial with informal procedures; each party presents their case, and the judge may ask questions.
Lawyers at trial: Allowed. Parties may be represented by attorneys, but it is not required.
When you’ll get the decision: On the spot or mailed within 14 days
What to bring
- Originals of any contracts
- Receipts and bank records
- Photos and videos
- Names and contact info for witnesses
If the defendant doesn’t show up
If the defendant fails to answer or appear, the court may enter a default judgment in favor of the plaintiff.
You still have to prove your case. Even if the defendant defaults, the plaintiff must provide evidence to support the claim before a judgment is entered.
If you’re the defendant being sued
The defendant must file a written answer within 14 days of service; failure to do so may result in a default judgment.
Counter-suing the plaintiff: Allowed using SM-6 (Defendant's Counterclaim). Serve the plaintiff at least 14 days before trial (same county) or 21 days (out of county).
Counterclaim bigger than the cap? If a counterclaim exceeds the small claims limit, the case may be transferred to the appropriate court. Ala. Code § 12-12-71
If you win, collect
This is where most people stop and lose. The court doesn’t collect for you. The loser has 30 days to pay. Judgments accrue 7.5% interest per year while unpaid.
Wage garnishment
Have a portion of debtor's wages withheld until the judgment is paid.
How it works
File a writ of garnishment with the court; serve the employer; employer withholds and remits to the court.
Cost: $30-50 plus sheriff fees
Notes: Most effective when debtor is W-2 employed at a stable job.
What’s protected:
- 75% of disposable earnings (federal CCPA floor)
Bank levy
Seize funds from debtor's bank account to satisfy the judgment.
How it works
Obtain a writ of execution; serve the bank; bank freezes and remits funds to the court.
Cost: $30-50 plus sheriff fees
Notes: Effective if debtor maintains significant funds in bank accounts.
What’s protected:
- Social Security and federal benefits
Property lien
Place a lien on debtor's real property to secure the judgment.
How it works
Record the judgment with the county; lien attaches to debtor's property; must be satisfied before sale.
Cost: $30-50 plus recording fees
Notes: Effective if debtor owns real property; may take time to realize payment.
What’s protected:
- Homestead exemption up to $15,000
Writ of execution
Seize and sell debtor's non-exempt property to satisfy the judgment.
How it works
Obtain writ from court; sheriff seizes property; property sold at auction; proceeds applied to judgment.
Cost: $50-100 plus sheriff fees
Notes: Effective if debtor owns valuable non-exempt property.
What’s protected:
- Personal property up to $7,500
Multiple creditors? Priority rules.
Priority among creditors is generally determined by the order of filing or recording the judgment.
Can you appeal if you lose?
either
- Deadline: 14 days from the judgment notice.
- Filing fee: $200.
- Form: SM-3 — Defendant's Answer.
- Type: Trial de novo — the case is heard fresh in the higher court.
The appeal is a new trial in the circuit court, as if the original trial had not occurred.
Filing the appeal automatically pauses any collection efforts until the appeal is resolved.
Local rules that matter.
State law sets the rules. Each county handles small claims a little differently.
Jefferson
- E-filing availability: Jefferson County offers online filing through eAlafile.
Mobile
- Mediation services: Mobile County provides on-site mediation services for small claims cases.
Why cases get dismissed.
Wrong defendant naming
What goes wrong: If you sue 'John's Garage' but the legal entity is 'JG Auto Repair LLC', the judgment may be unenforceable against the LLC's assets.
How to avoid it: Search the Secretary of State business records before filing and use the exact registered name; for sole proprietors, use the individual's full legal name.
Missed statute of limitations
What goes wrong: Filing one day after the deadline gets the case dismissed with prejudice.
How to avoid it: Check the SOL for your specific claim type before filing; for fraud, the discovery rule applies but be prepared to prove when you reasonably could have discovered it.
Improper service of process
What goes wrong: If the defendant isn't properly served, the case may be delayed or dismissed.
How to avoid it: Follow Alabama's rules for service of process carefully; consider using the sheriff's office or a professional process server.
Failing to appear in court
What goes wrong: If you don't show up, the court may dismiss your case or enter a default judgment against you.
How to avoid it: Mark your calendar and set reminders; if an emergency arises, notify the court as soon as possible.
Not bringing necessary evidence
What goes wrong: Without proper evidence, you may lose your case even if you're in the right.
How to avoid it: Gather all relevant documents, photos, and witness statements well before your court date.
Ignoring post-judgment procedures
What goes wrong: Winning a judgment doesn't guarantee payment; you must take steps to collect.
How to avoid it: Learn about collection methods like garnishment and liens; the court clerk can provide information on post-judgment procedures.
Common questions.
Do I need a lawyer?
How long does it take?
What's the maximum I can sue for?
What happens if the defendant doesn't show up?
Can I appeal?
How long is a judgment good for?
Sources14 citations and statutes
- A Guide to Alabama Small Claims CourtsA Guide to Alabama Small Claims Courts
- Alabama Code § 6-2-34 — Statute of LimitationsAla. Code § 6-2-34
- Alabama Code § 12-12-31 — Jurisdiction in small claims casesAla. Code § 12-12-31
- Alabama Code § 12-12-70 — Appeals from district court decisionsAla. Code § 12-12-70
- Alabama Small Claims RulesAlabama Small Claims Rules
- Alabama Unified Judicial System — Small Claims FormsAlabama Unified Judicial System — Small Claims Forms
- Alabama Unified Judicial System — Court Costs ScheduleAlabama Unified Judicial System — Court Costs Schedule
- Alabama Rules of Civil Procedure — Service of Process (Rule 4)Alabama Rules of Civil Procedure — Rule 4
- Alabama Code § 6-6-334 — Judgment and collection in small claimsAla. Code § 6-6-334
- Alabama Deceptive Trade Practices Act — Ala. Code § 8-19-5Ala. Code § 8-19-5
- Alabama Code § 13A-9-13.1 — Bad checks; civil and criminal penaltiesAla. Code § 13A-9-13.1
- Alabama Uniform Residential Landlord and Tenant Act — Security Deposits (§ 35-9A-201, § 35-9A-202)Ala. Code § 35-9A-201
- Alabama Code § 35-9A-422 — Tenant remedies for illegal lockoutAla. Code § 35-9A-422
- Alabama Code § 6-5-370 — Civil damages for theftAla. Code § 6-5-370
This is not legal advice. CivilCase is not a law firm. Court rules, fees, and statutes change. Verify against the cited authority before filing. Last researched and updated: April 28, 2026.