Mitchell | July 12, 2024 | Small Claims Court
Understanding Small Claims Court In Alabama
Every week potential clients bring cases to us that we’re not able to handle. The reasons we turn down a case are numerous. For instance, if there’s no insurance coverage for the person at fault, it is very unlikely that a judgment can be collected. Similarly, if the potential client’s injuries are not severe enough to justify the cost and expense of hiring a lawyer, then it’s not feasible for us to handle the case. In these situations, we often recommend that the victim file a claim on their own in an Alabama Small Claims Court. We find that while most of our clients have heard of Small Claims Court, very few have any idea what it means to file a case in Small Claims Court. Hopefully this post will provide some clarification and guidance.
What Is Small Claims Court In Alabama?
In Alabama, the Small Claims Court is a division of the District Court which is designed to quickly and efficiently handle civil cases involving amounts up to $6,000.00. The types of cases that can be filed in Small Claims Court include injury cases, property damage claims, landlord-tenant disputes, breach of contract, failure to perform work or repairs, and unpaid debts. The protocol in Small Claims Court in Alabama is much more informal than in the Circuit Court. The proceedings are conducted in a manner which allows the litigants to represent themselves without an attorney. Picture it like being on the television shows People’s Court or Judge Judy.
How To File Your Case In Small Claims Court
The first step in filing a case in Small Claims Court in Alabama is to fill out a complaint form which can be downloaded online or obtained at your local courthouse. The form is very simple to fill out and asks you to provide the names and addresses of the parties involved, along with a brief description of what the case is about. Once you’ve filled out the form, then you file it in the District Court Clerk’s office along with the filing fee. The fees range from $35 to $181 depending on the amount of money being claimed.
After your case is filed, the Court will serve notice on the other party (the “defendant“), either through the Sheriff’s office or by certified mail. The Court will notify you by mail once the defendant is served. The defendant then has fourteen (14) days to file an answer in Court and provide you with a copy. If the defendant denies owing you the money, then the Court will set the case for trial in about 6-8 weeks. If the defendant fails to file an answer within the fourteen (14) days, then you can ask the Court to grant you a default judgment declaring that you are entitled to the money you claimed and it will be awarded to you without a trial.
Preparing For Your Day In Court
The Judge is not going to know anything about you in advance, so it is crucial for your success that you are as prepared as possible. Remember – first impressions count – and if you make a good appearance, and are prepared, your chance of winning improves.
Here are some tips to remember:
- Practice your presentation in advance.
- Show up clean and well dressed (think “church clothes”).
- Organize your documentation (see below).
- Be respectful to the Judge and court personnel – and to the defendant.
- Be polite to the Judge – “yes, sir” and “no, ma’am”.
- Keep your emotions – particularly anger – under control.
- Never lie or try to mislead the Court.
- Try to SETTLE the case in advance with the defendant – that’s always the best option.
The Trial
!! IF YOU DO NOT SHOW UP ON TIME ON THE DAY OF TRIAL YOUR CASE WILL BE DISMISSED !! Don’t be late and preferably, get there early. Stay in the courtroom and pay attention for when your case is called. If your case is called and you’re not there, the judge will dismiss the case. When it’s your turn, remember that the plaintiff presents his or her case first, so be ready to go. Briefly and clearly explain (as you practiced before) why you believe that you’re owed money from the defendant. Keep it short and simple, i.e., provide the necessary details, but leave all of the unnecessary stuff out.
Remember Your Documentation And Witnesses
It is crucial that you produce all of the relevant documentation that you have in your possession. This is absolutely necessary in order to document your damages and in proving who’s at fault. For instance, if you’re claiming damages to your car, you need a written estimate of the damages from a mechanic. Likewise, if you’ve been injured, present a copy of your medical records and medical bills. Be sure and include any relevant photographs, letters, emails, contracts, and all other documentation pertaining to your claim. The better you can document everything, the better your chances. You should also bring or subpoena any witnesses who can testify to and support your claim.
Once you’ve presented your case, it’s the defendant’s turn. Let them say their piece and don’t interrupt or argue – you’ll have an opportunity to respond once they’re finished. After everyone has presented their sides of the case, the judge will render a verdict. The Court will declare who wins the case and how much the damages are that are awarded as a judgement. At the conclusion of the trial, be sure and thank the judge – even if you lose.
After The Trial
Once the trial is over, if you lost, you have the right to appeal to the Circuit Court for another trial. The fee for a Circuit Court appeal is around $400 and you’ll need to hire a lawyer to help you. But – what if you WON your case and received a judgment?
Sometimes the defendant will readily pay the judgement – sometimes not. If you can’t get the defendant to willingly pay you, you’ll have to go through the collection process. The court will not collect the judgment for you, so you have to do it yourself. This means hiring a collection agency or attorney to help you. You’ll have to pay them a fee or a %-age of what’s collected. They’ll be able to run a check of the defendant’s assets. This will determine if there are any property, earnings, or assets that can be used to pay the judgment. Sometimes assets can be located and collected upon and sometimes not. Remember that just because you have a judgment doesn’t mean there’s any money available with which to pay it. Hopefully you’ll get lucky and be able to at least recover a portion of what is owed to you.
Let An Experienced Attorney Answer Your Questions About Small Claims Court In Alabama
Since 1952, attorneys with the Lattof & Lattof law firm have been helping victims of all types of injury and accident cases. Although we do not handle cases in Small Claims Court, it would be our pleasure to review your case with you and discuss your options. If Small Claims Court is your best option, we’ll help walk you through the process and provide suggestions. Get in touch with us now for a FREE consultation, either by calling our office at (251) 432-6691 or filling out an online request form [link]. We’d be delighted to discuss your case with you and to help you explore your available options.