How to File a Small Claims Lawsuit in Alabama (2026)
Reviewed by DocDraft Legal Team · Alabama · Last updated May 12, 2026
Alabama's Small Claims Docket sits inside District Court under Ala. Code § 12-12-31, with a $6,000 ceiling. The filing-fee schedule jumps sharply from $35 at or below $1,500 to $198 once the claim exceeds $3,000, one of the steepest tier breaks among Southern states. Written-contract claims must be brought within 6 years.
Under Alabama's small claims statute, what is the maximum claim amount?
Under Ala. Code § 12-12-31, Alabama small claims is capped at $6,000, with cases heard on the Small Claims Docket of the District Court. Claims between $6,000 and $20,000 go on the regular district court civil docket. Claims above $20,000 must be filed in the Circuit Court. The Small Claims Docket follows the Alabama Small Claims Rules.
What does Alabama's post-judgment collection statute allow?
Under Ala. Code § 6-9-1 and following, Alabama permits writs of execution on non-exempt personal and real property. Wage garnishment under § 6-10-7 is limited to 25% of disposable income, with broad exemptions for homestead and personal property under § 6-10-2. Judgments docketed create a 20-year real-property lien. Post-judgment interest accrues at 7.5% per year under § 8-8-10.
Are there limits on who can file small claims in Alabama?
No formal limits beyond the $6,000 jurisdictional cap. Any natural person, partnership, corporation, or LLC may file under Ala. Code § 12-12-31. Attorneys are permitted on either side under the Alabama Small Claims Rules. Corporations must be represented by an attorney or, in limited circumstances, by a non-attorney officer for routine debt collection under state practice.
What happens if the defendant does not pay after I win in Alabama?
After the 14-day appeal window under Ala. Code § 12-12-71, you can collect using writs of execution under § 6-9-1 and wage garnishment under § 6-10-7 (limited to 25% of disposable income). Alabama has broad homestead and personal property exemptions under § 6-10-2. Judgments docketed in circuit court create a 20-year real-property lien. Post-judgment interest is 7.5% per year.
Alabama small claims at a glance
Alabama Code § 12-12-31 sets a $6,000 ceiling on small claims actions, with claims up to $20,000 heard on the regular District Court civil docket. A claim of $1,500 or less qualifies for a reduced $35 filing fee under Ala. Code § 12-19-71, making Alabama among the lowest-cost forums for very small claims. Larger claims jump to $198 on the district court docket. Attorneys are permitted in small claims actions, though many parties proceed pro se under the Alabama Small Claims Rules. The 7.5% post-judgment interest rate under § 8-8-10 is mid-range nationally. Appeals from small claims go de novo to circuit court within 14 days under § 12-12-71. The 6-year written-contract SOL under § 6-2-34, with a 10-year period for contracts under seal under § 6-2-33, gives Alabama plaintiffs a relatively long filing window.
Filing cost example: $4,500 unpaid contract claim
Suppose a contractor owes you $4,500 on a written services contract. The statute of limitations for simple written contracts in Alabama is 6 years under Ala. Code § 6-2-34, so you must file within 6 years of the missed payment. Because the claim falls in the $3,001 to $20,000 tier, the filing fee is $198 under § 12-19-71. Service by certified mail or sheriff adds another $25 to $50 under Ala. R. Civ. P. 4. The trial date typically falls 30 to 60 days after filing on the Small Claims Docket. After winning, post-judgment interest accrues at 7.5% per year under § 8-8-10. If the defendant pays in 30 days, you collect $4,500 plus filing and service. If unpaid for 1 year, you are owed roughly $4,840.
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Relevant Documents
Billing Dispute Letter
A formal letter to the company or service provider detailing the nature of the billing dispute, including specific charges being contested, reasons for the dispute, and requested resolution. This document establishes a paper trail of your dispute attempt.
Promissory Note
This document is your written promise to repay the loan according to specific terms. It's often simpler than the full loan agreement but creates a legally binding obligation to repay the borrowed funds.
Wage Withholding Order
This document directs an employer to withhold child support or spousal support payments from a spouse's paycheck.
Local Courthouses
Jefferson County District Court (Birmingham)
716 Richard Arrington Jr Blvd N, Birmingham, AL 35203
Mobile County District Court
205 Government St, Mobile, AL 36644
Madison County District Court (Huntsville)
100 Northside Sq, Huntsville, AL 35801
Montgomery County District Court
251 S Lawrence St, Montgomery, AL 36104
Tuscaloosa County District Court
714 Greensboro Ave, Tuscaloosa, AL 35401
Relevant Laws
Ala. Code § 12-12-31 (Small Claims Jurisdictional Limit)
Sets the $6,000 jurisdictional limit for Alabama Small Claims Docket cases in the District Court.
Ala. Code § 6-2-34 (Statute of Limitations: Six-Year Claims)
Sets the 6-year limitations period for simple written contracts, oral contracts, open accounts, and property damage in Alabama.
Ala. Code § 12-19-71 (District Court Filing Fees)
Sets tiered filing fees: $35 for claims at or below $1,500 and $198 for claims from $3,001 to $20,000.
Ala. Code § 8-8-10 (Post-Judgment Interest)
Sets the post-judgment interest rate at 7.5% per year on Alabama court judgments unless a higher contract rate applies.
Alabama Judicial System: Forms
Official Alabama Administrative Office of Courts portal for Small Claims forms, fee waiver applications, court directory, and AlaFile e-filing access.
Regional Variances
Statute of Limitations for Common Claims in Alabama
Written contract (simple)
6 years (Ala. Code § 6-2-34)
Written contract under seal
10 years (Ala. Code § 6-2-33)
Oral contract
6 years (Ala. Code § 6-2-34)
Property damage
6 years (Ala. Code § 6-2-34)
Personal injury
2 years (Ala. Code § 6-2-38)
Suggested Compliance Checklist
Send a demand letter (recommended)
30 days before filing days after startingSend a written demand by certified mail with return receipt. Alabama does not require a demand letter, but Small Claims Docket judges expect to see one. Keep a copy and proof of mailing.
Verify claim is within $6,000 limit
Before filing days after startingConfirm your claim is at or below $6,000 under Ala. Code § 12-12-31. If above, file on the regular district court civil docket (up to $20,000) or in Circuit Court.
Confirm SOL on your claim type
Before filing days after startingSimple written contracts get 6 years under § 6-2-34. Contracts under seal get 10 years under § 6-2-33. Personal injury gets only 2 years under § 6-2-38.
Gather evidence and witnesses
Before filing days after startingCollect contracts, invoices, receipts, photos, texts, emails, and witness contact information. Make three copies of every exhibit for the judge, the defendant, and yourself.
File Statement of Claim via AlaFile
Within applicable SOL days after startingFile at the District Court in the county where the defendant lives or where the cause of action arose. AlaFile is mandatory for represented parties. Pay the $35 to $198 filing fee.
Serve the defendant under Ala. R. Civ. P. 4
At least 14 days before trial days after startingService is by certified mail with return receipt or sheriff service. File proof of service with the court before trial.
Attend the trial with all evidence
30 to 60 days after filing days after startingTrials follow Alabama Small Claims Rules with modified Rules of Evidence. Attorneys permitted. Bring three copies of every document and all witnesses.
Collect the judgment
After 14-day appeal window closes days after startingUse writs of execution under § 6-9-1 and wage garnishment under § 6-10-7. Post-judgment interest accrues at 7.5% per year under § 8-8-10.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Send a demand letter (recommended) | Send a written demand by certified mail with return receipt. Alabama does not require a demand letter, but Small Claims Docket judges expect to see one. Keep a copy and proof of mailing. | demand-letter | 30 days before filing |
| Verify claim is within $6,000 limit | Confirm your claim is at or below $6,000 under Ala. Code § 12-12-31. If above, file on the regular district court civil docket (up to $20,000) or in Circuit Court. | - | Before filing |
| Confirm SOL on your claim type | Simple written contracts get 6 years under § 6-2-34. Contracts under seal get 10 years under § 6-2-33. Personal injury gets only 2 years under § 6-2-38. | - | Before filing |
| Gather evidence and witnesses | Collect contracts, invoices, receipts, photos, texts, emails, and witness contact information. Make three copies of every exhibit for the judge, the defendant, and yourself. | - | Before filing |
| File Statement of Claim via AlaFile | File at the District Court in the county where the defendant lives or where the cause of action arose. AlaFile is mandatory for represented parties. Pay the $35 to $198 filing fee. | - | Within applicable SOL |
| Serve the defendant under Ala. R. Civ. P. 4 | Service is by certified mail with return receipt or sheriff service. File proof of service with the court before trial. | - | At least 14 days before trial |
| Attend the trial with all evidence | Trials follow Alabama Small Claims Rules with modified Rules of Evidence. Attorneys permitted. Bring three copies of every document and all witnesses. | - | 30 to 60 days after filing |
| Collect the judgment | Use writs of execution under § 6-9-1 and wage garnishment under § 6-10-7. Post-judgment interest accrues at 7.5% per year under § 8-8-10. | - | After 14-day appeal window closes |
Frequently Asked Questions
Filing fees under Ala. Code § 12-19-71 are tiered: $35 for claims at or below $1,500, and $198 for claims between $3,001 and $20,000 (which includes small claims up to $6,000). Service by certified mail adds $10 to $20; sheriff service adds $25 to $50. Indigent plaintiffs can file an Affidavit of Substantial Hardship for fee waiver under § 12-19-70.
Yes. Alabama permits attorneys in Small Claims Docket actions for both plaintiffs and defendants under the Alabama Small Claims Rules. Corporations must be represented by an attorney in most matters, though some debt collection plaintiffs use authorized representatives. Most pro se plaintiffs handle small claims without an attorney for routine debt and property damage cases under $6,000.
Alabama's statute of limitations is 6 years for simple written contracts and unsealed instruments under Ala. Code § 6-2-34, 10 years for contracts under seal under § 6-2-33, 6 years for property damage under § 6-2-34, and 2 years for personal injury under § 6-2-38. The clock starts on the date of breach or injury, not on discovery of the loss.
Yes. Corporations, LLCs, partnerships, and other entities can sue or be sued in small claims subject to the $6,000 cap. Corporations must generally be represented by an attorney under Alabama practice, though some debt collection plaintiffs use authorized representatives for routine matters. Sole proprietors appear as natural persons at the same cap.
Yes. Either party can appeal an Alabama Small Claims Docket judgment to Circuit Court for trial de novo under Ala. Code § 12-12-71. The Notice of Appeal must be filed within 14 days of the judgment. De novo means the case starts over with a full new trial. An appeal bond is generally required to stay collection during the appeal.
Under Ala. R. Civ. P. 4, service is by certified mail with return receipt or by sheriff service. Certified mail is the most common method and costs $10 to $20. Sheriff service costs $25 to $50. The defendant must be served at least 14 days before the trial date for the case to proceed under the Alabama Small Claims Rules.
Yes. Alabama's AlaFile e-filing system at alacourt.gov accepts electronic filings for Small Claims Docket cases statewide. AlaFile is mandatory for represented parties; pro se filers can register for an AlaFile pro se account. The system handles the Statement of Claim, fee payment, and service requests. Paper filing remains available at the District Court clerk's office.