Small Claims Complaint

ALABAMA SMALL-CLAIMS COMPLAINT PREPARATION WORKSHEET

This worksheet is not the official court form and should not be filed as a substitute for it. Use the current Alabama Unified Judicial System Form SM-01/SM-1, “Statement of Claim (Complaint) — General,” for a general money claim. The Alabama Administrative Office of Courts currently lists that form on its Small Claims e-forms page.

Official forms page: https://eforms.alacourt.gov/small-claims/

1. SMALL-CLAIMS ELIGIBILITY

A. Amount and Type of Claim

Ala. Code § 12-12-31(a) places civil actions with a matter in controversy not exceeding $6,000, exclusive of interest and costs, on the district court's small-claims docket. Alabama Small Claims Rule A excludes unlawful-detainer actions from the Small Claims Rules.

• Principal amount sought: $[________]
• Interest sought, if legally available: $[________]
• Court costs sought: $[________]
• Principal amount does not exceed $6,000: ☐ Yes ☐ No
• Claim is for money rather than recovery of specific property: ☐ Yes ☐ No
• Claim is not an unlawful-detainer action: ☐ Yes ☐ No

If the claim seeks specific property, review current Form SM-02 instead. If the claim seeks equitable, declaratory, injunctive, eviction, or other nonmonetary relief, confirm the proper court and procedure before filing.

B. Party and Representation Gate

Under Ala. Code § 12-12-31(b) through (d):

• A party may appear with or without an attorney.
• A partnership appearing without an attorney must be represented by a partner or employee.
• A corporation appearing without an attorney must be 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.

Plaintiff type: ☐ Individual ☐ Partnership ☐ Corporation ☐ Other: [____________]

Plaintiff will appear: ☐ Through licensed counsel ☐ Without counsel

If partnership or corporation appearing without counsel, representative's name, title, and relationship: [________________________________]

Claim was assigned to Plaintiff by another person or entity: ☐ No ☐ Yes

Attorney fees requested: ☐ No ☐ Yes; contractual or other basis: [________________________________]

2. COURT, COUNTY, AND PARTY INFORMATION

Confirm venue and any local filing practice with counsel or the clerk before filing. Do not assume that every place connected to the transaction is a proper county.

Defendant Identity Check

☐ Individual's full legal name confirmed

☐ Business entity's exact registered name and status checked against the current official record

☐ Service address is current and is not merely a post-office box

☐ Every person or entity legally responsible for the claim has been evaluated

☐ Capacity issues, trade names, estates, minors, public entities, and registered-agent requirements have been reviewed where applicable

3. SHORT AND PLAIN CLAIM STATEMENT

Alabama Small Claims Rule C begins a case with a short and plain written statement showing what the plaintiff claims and why. Form SM-1 provides limited space, so state the material facts directly and attach a clearly labeled continuation only if the clerk accepts it.

Claim Draft

The Defendant owes the Plaintiff $[________] because:

[Identify the transaction or event, the date or date range, what Plaintiff provided or what duty arose, what Defendant failed to do, when payment or performance became due, any payment or credit received, and how the principal amount was calculated.]

Claim Detail Worksheet

• Date agreement, transaction, damage, or other event occurred: [__/__/____]
• Nature of claim: [________________________________]
• Plaintiff's performance or basis for entitlement: [________________________________]
• Defendant's act, omission, or nonpayment: [________________________________]
• Date payment or performance became due: [__/__/____]
• Demand made, if relevant: [METHOD AND DATE / NOT APPLICABLE]
• Principal calculation: [________________________________]
• Payments, credits, returns, offsets, or mitigation: [________________________________]
• Net principal claimed: $[________]

Do not label a claim “breach of contract,” “negligence,” “property damage,” or another legal theory without confirming that the facts support the theory and that the claim was filed within every applicable limitations and pre-suit period.

4. AMOUNTS TO TRANSFER TO FORM SM-1

Form SM-1 states that attorney fees are claimed only when the plaintiff is represented by a licensed practicing attorney and the signed contract or note provides for them. Ala. Code § 12-12-31(c) independently bars a small-claims attorney-fee award to a party not represented by a licensed attorney.

5. DOCUMENT AND EVIDENCE FILE

Collect the materials needed to support each factual statement and damages item. Do not file confidential or unnecessary personal identifiers without reviewing current court privacy and redaction requirements.

☐ Contract, note, invoice, receipt, account statement, or work order

☐ Proof of Plaintiff's payment, delivery, performance, or ownership

☐ Communications showing the obligation, dispute, demand, or response

☐ Photographs, repair estimates, valuation records, or condition evidence

☐ Damages calculation with all payments and credits applied

☐ Witness names, contact information, and expected testimony

☐ Original records preserved for trial

☐ Copies organized for the court and each opposing party

Alabama Small Claims Rule J permits the parties to question the other party and witnesses at trial. It also allows the court, in its discretion, to participate in questioning, relax the rules of evidence, and receive sworn written or recorded statements from absent witnesses or parties. Do not assume that a written statement will be accepted; live testimony, authentication, foundation, and local practice should be reviewed for the particular case.

6. FILING AND SERVICE CHECKLIST

☐ Current Form SM-01/SM-1 obtained from the official e-forms page

☐ Current clerk instructions, filing fee, accepted payment method, and filing route confirmed

☐ Correct county confirmed

☐ All names and service addresses checked

☐ Short and plain claim statement transferred to SM-1

☐ Principal, interest, court-cost, and attorney-fee fields completed accurately

☐ Plaintiff or licensed attorney signed the official form

☐ Required copies and any accepted attachments prepared

☐ Service requested through a method accepted by the clerk and applicable rules

☐ Filed copy, case number, receipts, and service records retained

The current SM-1 form contains the summons and service-return fields. This worksheet intentionally does not add a notarized verification or a plaintiff-signed certificate of service that the official form does not contain.

7. POST-FILING AND TRIAL TRACKER

• Case number: [________________________________]
• Filing date: [__/__/____]
• Defendant served: [__/__/____]
• Answer filed: [__/__/____ / None]
• Counterclaim filed: [__/__/____ / None]
• Trial notice received: [__/__/____]
• Trial date and time: [________________________________]
• Trial location: [________________________________]
• Judgment date: [__/__/____]
• Judgment terms: [________________________________]

The official SM-1 form gives defendants instructions concerning the response period and default. Confirm deadlines from the served papers, current rules, and clerk because the date and method of service matter.

8. APPEAL RIGHTS CHECKLIST

Alabama Small Claims Rule M requires a notice of appeal in the clerk's office within 14 days from the judgment and requires security for costs or an approved substantial-hardship affidavit. Ala. Code § 12-12-70(a) states that a civil appeal is filed within 14 days from the judgment or the denial of a posttrial motion, whichever is later, together with required security for costs.

Under Ala. Code § 12-12-71, the appeal ordinarily goes to circuit court for a trial de novo. The appellant must demand a jury in the notice of appeal to obtain a jury trial; an appellee must file a written jury demand in circuit court within 14 days after service of the notice of appeal.

☐ Judgment-entry date confirmed from the docket

☐ Any posttrial motion and its disposition reviewed

☐ Appeal deadline calculated by counsel or confirmed under current law

☐ Notice of appeal prepared for filing in the district-court clerk's office

☐ Security for costs or approved substantial-hardship route addressed

☐ Appellant's jury-demand decision made before filing the notice of appeal

☐ Appellee's separate jury-demand period calendared, if applicable

SOURCES AND REFERENCES

• Alabama Legislature — Ala. Code § 12-12-31
• Alabama Legislature — Ala. Code § 12-12-70
• Alabama Legislature — Ala. Code § 12-12-71
• Alabama Judicial System — Alabama Small Claims Rules
• Alabama Administrative Office of Courts — Small Claims Forms
• Alabama Administrative Office of Courts — Form SM-01/SM-1