How to Fill Out Form SM-1

Form SM-1 at a glance

What it is: Form SM-1 is the State of Alabama Unified Judicial System STATEMENT OF CLAIM (Complaint) General in the Small Claims Court of Alabama.

Where and when to file: To start your case you must file the completed form with the clerk assigned to Small Claims cases.

This is your case, and if you are acting as your own lawyer, you are responsible in seeing that your claim is successfully presented at each stage of the procedure until it is concluded.

A filled-in Form SM-1 example: Maria Sample files a small claim

Form SM-1 example filled out, example: Maria Sample files a small claim
Maria Sample files Form SM-1 as her own lawyer. She sues one defendant over an unpaid loan and claims court costs. The picture shows the front, and all its values are invented. The clerk inserts the case number, so Case Number stays empty. Plaintiff's Attorney's Address is left blank because she has no lawyer. Attorney Code is left blank because she has no lawyer. Additional Defendant(s) and Addresses is left blank because one form is completed for each defendant. Lawyers' fees is left blank because she has no lawyer. She also claims interest.

How to fill out Form SM-1, box by box

Court, county and case number

Form SM-1 example filled out, court, county and case number

After IN THE SMALL CLAIMS COURT OF, write the Name of County.

The clerk will stamp a copy for you to show that the case has been filed and will insert the number of the case on the front of this form.

Plaintiff, defendant, Plaintiff's Attorney's Address and Additional Defendant(s) and Addresses

Form SM-1 example filled out, plaintiff, defendant, Plaintiff's Attorney's Address and Additional Defendant(s) and Addresses

Write the Plaintiff before v. and the Defendant after v.

Write the Plaintiff's Home Address and the Defendant's Home Address.

Each defendant must be described by his/her correct legal name and address (not a post office box).

Write the Plaintiff's Attorney's Address and the Additional Defendant(s) and Addresses.

You must complete one of these forms for each defendant you wish to sue.

Plaintiff's email address

Form SM-1 example filled out, plaintiff's email address

Write the Plaintiff's email address (if self-represented). Notice to Plaintiff: If you are not represented by an attorney, court notices and orders may be sent electronically to the email address provided in Plaintiff's email address in accordance with the Alabama Rules of Civil Procedure. If no email address is provided, notices and orders that are required to be served by the clerk or other parties may be sent by United States mail, which may result in slower delivery and delayed receipt of court communications. It is the filer's responsibility to promptly notify the clerk of any change in contact information.

The claim, court costs, interest and lawyers' fees

Form SM-1 example filled out, the claim, court costs, interest and lawyers' fees

In 1, after "I claim the defendant owes the plaintiff the sum of $", write the sum, and then write after "because:".

In 2, write the court costs in the sum of $ (see NOTE), plus $ for interest and $ for lawyers' fees (only if plaintiff is represented by a licensed, practicing attorney and if the contract or note you signed so provides.)

NOTE: The total amount of court costs may be more than this amount when the case is finally settled. The clerk will inform you of any additional costs at the close of the case.

Signature, Attorney Code and Date of Filing

Form SM-1 example filled out, signature, Attorney Code and Date of Filing

Sign on the Plaintiff or Plaintiff's Attorney (Signature) line.

Write the Attorney Code and the Plaintiff's or Plaintiffs Attorney's Phone Number.

Write the Date of Filing.

Clerk's address and phone

Form SM-1 example filled out, clerk's address and phone

Write the CLERK'S ADDRESS and the Clerk's Phone No.

More rules for Form SM-1

Be as brief as possible but include every important name, date and place 2.

Any time you contact the clerk about this case you must refer to the case number on the front.

You are responsible for seeing that each defendant receives a copy of this form.

If you haven't heard from anyone about the case in about fourteen days, then check with the clerk's office, to make sure that each defendant has been served.

If any of the defendants ask for a trial you will be notified of the place, the date, and the time. You must be present or your case will be dismissed.

You are responsible to see to the enforcement of any judgment that is awarded to you. It is not the responsibility of the court or the clerk to collect the judgment for you.

Common questions about Form SM-1

Is there a deadline?

You may take a judgment by default fourteen (14) days after the defendant has received a copy of this form, if the defendant fails to file his/her Answer.

Where do I file it?

To start your case you must file the completed form with the clerk assigned to Small Claims cases.

Sources

[1] Form SM-1 (Rev. 10/26), Statement of Claim (Complaint) General, State of Alabama Unified Judicial System (the Official source link on this page).

Form SM-1 PDF Details

The back of the form holds instructions to the plaintiff and to the sheriff or process server.

Filing: to start your case you must file the completed form with the clerk assigned to Small Claims cases.

Defendants: you are responsible for seeing that each defendant receives a copy of this form.

Default: you may take a judgment by default fourteen (14) days after the defendant has received a copy of this form, if the defendant fails to file his/her Answer.

Trial: if any of the defendants ask for a trial, you must be present or your case will be dismissed.

Case number: any time you contact the clerk about this case you must refer to the case number on the front.

QuestionAnswer
Form NameForm SM-1
Form Length2 pages
Fillable?Yes
Avg. time to fill out10 min
Court TypeSmall Claims District Court
Claim LimitUp to $6,000
EditionRev 10/26
Issuing agencyState of Alabama Unified Judicial System
Where to fileWith the clerk assigned to Small Claims cases
Official sourceForm SM-1 (Rev. 10/26), State of Alabama Unified Judicial System