In Alabama civil courts where you file your case depends on the amount of money in controversy. If you are suing for more than $10,000.00 you will file your action in the circuit court. All cases for $10,000.00 or less fall under the jurisdiction of the district court. Any case for $3000.00 or less would be considered a small claims court case. All small claims court cases are handled by the district court. The state provides forms that can be used for filing an action in small claims court. by going to http://eforms.alacourt.gov/ on the menue on the left side you will see "Small Claims." Click on "Small Claims" and a list of PDF forms will appear in the center of the screen. Print a Statement of Claim/Complaint and a Summons and fill them out. These forms will need to be filed with the District Court Clerk in the county in which the incident took place or the defendant resides or you reside. You should call the District Court clerk's office before you file your case to see exactly how much the filing fee will be as filing fees differ from county to county and change with some frequency. The forms can be filled out very easily and need only put the defendant(s) on notice as to what you are claiming. The summons likewise is a simple form. Once you have filled out the forms you will want to take the originals and a copy for each defendant and a copy for yourself to the District Court Clerk along with a filing fee. The clerk will ask how you want the complaint served. You can either have it served by the sheriff, constable or by certified mail the fee for each is about the same. I recommend that you either have it served by certified mail or constable, either will be quicker than by sheriff. When filing the clerk will take all of your copies and return one back to you with a stamp on it indicating that it has been filed.
Once the copies have been served on the defendant(s), the defendant(s) will have 14 days to file an answer. If they fail to do so you can ask the court to enter a default judgment in your favor for the amount claimed. The Application for Default form can be down loaded from the "Civil" section of the eforms site listed above.
If the defendant(s) file an answer you will then be given a trial date. At the trial you will be allowed to present the case and submit the matter to the Judge for entry of a final judgment. If you are not satisfied with your judgment then you may appeal your case to the circuit court and have a new trial. If you are satisfied with your result you can contact me and I will help you collect your money. Good Luck! and call us if you need any help.
Once the copies have been served on the defendant(s), the defendant(s) will have 14 days to file an answer. If they fail to do so you can ask the court to enter a default judgment in your favor for the amount claimed. The Application for Default form can be down loaded from the "Civil" section of the eforms site listed above.
If the defendant(s) file an answer you will then be given a trial date. At the trial you will be allowed to present the case and submit the matter to the Judge for entry of a final judgment. If you are not satisfied with your judgment then you may appeal your case to the circuit court and have a new trial. If you are satisfied with your result you can contact me and I will help you collect your money. Good Luck! and call us if you need any help.
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