Contact us at: 256-574-9329 Procedures NOTE: The staff of the Circuit Clerk's office is prohibited by law from giving legal advice. These guidelines are to advise you on procedure only. If you need legal advice, you should consult an attorney. Any individual at least 19 years of age, a partnership, or a corporation may file a Small Claim, with or without an attorney. Claim forms are available in the Clerk's office, or online at www.alacourt.org. You will fill out the following: 1. Your name and address (as the plaintiff), and the defendant's complete name and address, including zip code. 2. The amount you for which you are suing ($3,000 maximum) 3. A brief description of why you are suing. 4. Sign at the bottom of the form and list your telephone number. Bring the completed form to the Small Claims counter, and pay the filing fee. The clerk will assign a number, enter into the computer, and send to the Sheriff for service on the defendant, unless service is to be by certified mail. Defendants with addresses out of the State and P.O. Box addresses must be served by certified mail. Once the defendant/defendants are served with the complaint they have 14 days to return an answer form to the Clerk's office. You will be notified by mail of the defendant's answer. There are four basic answers for defendants to choose from: 1. Non-residents of Jackson County may request transfer to their home county. 2. Admit that they owe the amount; which results in a CONSENT judgment. 3. Contest the amount claimed, although they admit they own some amount. 4. Deny everything in the claim. If the defendant does not answer after 14 days, you can come to the Clerk's office and sign an application for DEFAULT judgment. This judgment is entered against the defendant, for the full amount you requested on the claim, plus Court Cost. Answer number 3 or 4 above will result in the case being set for a court hearing, and you will be notified by mail when to appear. Small Claims cases are always set on a Monday, at 9:00am, before the District Court Judge. The day of the hearing, you should appear prepared to present or defend your case. If you want to represented by an attorney, you should have your attorney with you at the hearing. The Judge will rule on the case, either for the plaintiff or the defendant, according to State Law, and enter a BENCH judgment. Either party has 14 days after the judgment in which to appeal to the Circuit Court. Once the judgment of any type (Consent, Default, or Bench) is entered, the defendant has 14 days in which to satisfy the amount of the judgment or file an appeal. After 14 days, it is up to you, not the Court, to take one of the following actions to collect the judgment: Back to Top 1. Request a writ of execution for any personal property which does not have a lien against it. You must list specific, accurate identification of the property to be seized by the Sheriff (for example, a vehicle make, model, color and VIN). The seized property must be sold at auction, and the proceeds, minus Sheriff's expenses, are applied to the judgment amount. 2. Initiate a garnishment for the person's employer or bank account. You must provide the complete address of the employer or the bank. The garnishee and the defendant must both be served with notice of garnishment. The garnishee has 30 days to answer, indicating if the defendant is employed. If employed, the garnishee is required to withhold a percentage of disposable earnings, and pay over to the Clerk's office, at least once per month. Both of the above described actions require an additional filing fee. The necessary forms are available in the Clerk's office.
Mailing Address:
P.O. Box 397
Scottsboro, AL 35768
Phone: 256-574-9320
Fax: 256-259-9981
Click here to email us Additional information, forms, and support is also available at the Administrative Office of Courts and the Official State Website
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