Negotiate

• Before filing a lawsuit of any kind, it's always appropriate to try to work out the matter with the other party. Small claims is no exception. If a resolution does not appear forthcoming, it's acceptable to use the threat of a potential claim as leverage. Though it might not be cost effective, it is OK to consult a lawyer prior to negotiating to understand the nature of your potential claim. Ultimately, a claim should only be filed after attempts at negotiating a resolution fail.
  
  

Statement of Claim

• The document you need to start a Small Claims case is Form SM-1, the Statement of Claim, which is available online. It must be filed with the Small Claims clerk, who is located at 100 North Side Square, Room 821, Huntsville, Alabama 35801. The telephone number for Small Claims is (256) 532-3622. On the form, each defendant must be described by the correct legal name and physical address. The description of the claim should be brief, but include all important details like dates and places.
  
  

Filing Fee

• At the time of filing the Statement of Claim, a filing fee is due to the clerk. The amount of the fee depends on the amount of the claim. The filing fee for claims under $1,500 is $63, unless process is to be served by the county sheriff, in which case the fee is $83. If the claim is more than $1,500, the fee is $141, or $161 for service by the sheriff. For each additional defendant (more than one) add $10, or $20 for service by the sheriff, and add $50 for each additional plaintiff.
  
  

Service of Process

• It is the responsibility of the person filing a Small Claims action to see that every named defendant receives a copy of the Statement of Claim, served with a Small Claims Summons. This means prior to filing, adequate copies of the claim for should be made. The summons and claim forms can be served on the defendant's either by the sheriff (if they are paid to do so), by a private process server, or anyone over the age of 18 who is not a party to the suit. The process server must endorse the portion of the claim for return on service, provide the required details and return it to the clerk.
  
  

Pretrial

• With the filing of the return of service, the Small Claims action is officially underway. The defendant must mail or personally deliver an answer to the complaint to the Small Claims clerk within 14 days of service or a default can be entered. If any of the defendants answers and requests a trial, the clerk will put the case on the calendar and notify all parties of the date and time. It's also possible that the defendant will file a counterclaim, using the same procedure.