How do you file a Small Claims Case?

You or your attorney should go to the Small Claims Division of the District Court in the county where the person or business you wish to sue lives or has an office, and file a Statement of Claims (Compliant) form. The Court Clerk has this form. The Court Clerk cannot give you legal advice nor can they assist you in filling out forms (you, an individual or an attorney of your choice may do this). If you are physically unable to fill them out yourself, this office will gladly make reasonable accommodations in order to help you complete the necessary paperwork.

Once you complete the complaint, you become the "plaintiff" in the case and the person you are suing is the "defendant". The information that you must have in order to complete the case is the defendant's correct and complete address and/or their place of employment, so that service of the paperwork is done in a timely manner. Please file no more than 5 suits at a time in order for the work to flow at an efficient rate for everyone.

You must pay a filing fee at the time the claim is filed. Filing fees are non-refundable. NO PERSONAL CHECKS. If you cannot afford to prepay this fee, you can fill out an Affidavit of Substantial Hardship form and ask the judge to delay payment. You may attain this form from the Court Clerk. The cost of filing the case is as follows and is broken down into a fee description according to the amount of the claim (amount of monetary damages you are seeking or claiming) and the fee charged at the time the case is filed. The fees for filing a claim with more than one defendant, additional services such as garnishments, executions and certified mail (applicable only if service is to a post office box or out of state defendant), are listed below as well. Any additional fees or services will be added to what the defendant owes if you (the plaintiff) wins the case. Otherwise, you (the plaintiff) will be responsible for those fees accumulated over the course of the claim.

SEE FEE SECTION

FILING FEES ARE NON-REFUNDABLE

The clerk will assign your case a number and you should use this number whenever you contact the court concerning your case.

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E-Mail: Morgan County Circuit Clerk

Morgan County Circuit Clerk
302 Lee St. NE
4th Floor
Decatur, Alabama
USA
35601

WebMaster: Janell Connor
Phone Number: 256-351-4649

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