Small Claims Answer - Preparation Worksheet - Alabama

ALABAMA SMALL-CLAIMS ANSWER PREPARATION WORKSHEET

Do not file this worksheet. Prepare and file the current official Form SM-3, Defendant's Answer. If asserting a counterclaim, also prepare Form SM-6, Defendant's Counterclaim. The Alabama AOC E-Forms page lists SM-3 as revised June 2025.

Official forms: Alabama AOC Small Claims E-Forms

1. Deadline and Delivery Check

Rule F and the back of Form SM-3 require the answer to arrive at the clerk's office within 14 days after delivery of the Statement of Claim. Mailing within 14 days is not enough if the answer arrives late.

☐ I checked the case number and clerk's address against the papers served.

☐ I kept a copy of the completed SM-3 and proof of timely delivery.

2. Case Information for Form SM-3

3. Select the SM-3 Response

The current SM-3 directs the defendant to select only one response. Use the official form's exact choices.

☐ Transfer request. I do not live in the filing county, and the suit is not for work or labor performed there. My home county is: [________________________________]

☐ Full admission. I admit everything in the Statement of Claim and do not want a trial. I understand the form describes this as consent to judgment for the amount claimed plus court costs.

☐ Partial admission. I admit that I owe some money, but not the total amount claimed.

☐ Denial. I deny that I am responsible at all.

A transfer request is fact-sensitive. Do not check it merely because another county would be more convenient. Review the official SM-3 notice and obtain legal review if venue is disputed.

4. Brief Explanation for a Partial Admission or Denial

Rule C calls for a short and plain answer showing what is admitted, what is denied, and why. Form SM-3 provides a brief explanation area when the defendant selects partial admission or denial.

What I admit, if anything:

[____________________________________________________________]

[____________________________________________________________]

What I deny and the factual reason:

[____________________________________________________________]

[____________________________________________________________]

Payments, credits, returned property, agreed changes, or other facts shown by records:

[____________________________________________________________]

[____________________________________________________________]

Do not paste a generic catalog of affirmative defenses into SM-3. Identify only positions supported by the facts and current law after legal review.

5. Signature and Copy Check

The defendant or the defendant's attorney must sign SM-3. The current form warns that an unsigned answer, or one signed by the wrong person, cannot be considered.

SM-3 currently instructs the defendant to mail a copy to the plaintiff or the plaintiff's attorney and keep a copy. Rule F states that a copy of an answer is not required to be served unless the answer contains a counterclaim. Follow the current official form and any case-specific clerk instruction; a counterclaim must be copied to the plaintiff.

☐ Copy sent to plaintiff or plaintiff's attorney at the address on the claim.

☐ Copy retained for defendant's records.

6. Counterclaim Decision and Form SM-6

☐ I am not asserting a counterclaim with this answer.

☐ I may have a claim against the plaintiff and will obtain legal review before the 14-day deadline.

☐ I am asserting a counterclaim and will complete, sign, file, and copy Form SM-6 with the answer.

Rule C directs a defendant who has a claim against the plaintiff to file it with the answer and send a copy to the plaintiff. It also states that failure to assert a claim arising from the same matters does not, by itself, prevent a later case if the defendant wins the small-claims case or prevents the judgment from becoming final by filing a Rule M appeal. Do not treat that limited language as a universal promise that a later claim will be preserved.

Counterclaim Facts for SM-6

Why the plaintiff owes the defendant:

[____________________________________________________________]

[____________________________________________________________]

Important names, dates, places, payments, and documents:

[____________________________________________________________]

[____________________________________________________________]

Form SM-6 instructs the defendant to be brief, sign the form, keep a copy, mail or deliver copies of the answer and counterclaim to the plaintiff, and ensure both are filed with the clerk and provided to the plaintiff within 14 days after service of the original Statement of Claim.

7. Jurisdiction and Representation Check

Under Ala. Code § 12-12-31(a), the small-claims docket has exclusive jurisdiction over covered civil actions not exceeding $6,000, excluding interest and costs.

Section 12-12-31 permits a party to appear with or without an attorney, subject to these statutory limits:

• An unrepresented partnership is represented by a partner or employee.
• An unrepresented corporation is represented by an officer or full-time employee.
• A party may not seek or recover attorney fees on the small-claims docket unless represented by a licensed attorney.
• An assignee may not file or prosecute the assigned claim on the small-claims docket without a licensed attorney.

8. Hearing Preparation

Rule G encourages voluntary information exchange before trial but says the court may not require such an exchange under that rule. Follow subpoenas, orders, and other applicable rules.

☐ Statement of Claim and completed answer

☐ Contracts, receipts, invoices, payment records, photographs, messages, or other relevant exhibits

☐ Original files plus organized copies for use at trial

☐ Witness names, contact information, and subpoena needs checked in time

☐ Notice of trial location, date, and time

Rule J requires at least 14 days' notice of the trial place and time. At trial, the parties may question the other party or witnesses. The court may participate in questioning, relax the evidence rules, and receive sworn written or recorded statements from absent witnesses or parties.

9. Default and Appeal Calendar

Failure to answer on time or appear for trial permits entry of default under Rule K. Rule K states that the court may set aside a default judgment for any reason within 14 days after entry; do not assume relief will be granted or that no other procedure applies.

Rule M gives 14 days from judgment to file a notice of appeal to circuit court and requires cost security or a court-approved affidavit of substantial hardship. Obtain prompt legal review of any judgment, postjudgment issue, or appeal.

Sources and Official Materials

• Alabama AOC Small Claims E-Forms
• Alabama Small Claims Rules Index
• Ala. Code § 12-12-31