The Alabama Sm 1 form is a legal document used in the Small Claims Court to initiate a complaint against a defendant. This form allows a plaintiff to formally claim money or property owed by the defendant. It is essential for individuals to understand their rights and responsibilities when filing this form, as it sets the stage for the legal proceedings that will follow.
The Alabama Sm 1 form is an essential document used in the state's Small Claims Court. It serves as a Statement of Claim, allowing individuals to formally initiate a lawsuit against a defendant. This form requires the plaintiff to provide key information, including the names and addresses of both the plaintiff and defendant, as well as the specific amount of money being claimed. Additionally, it outlines any court costs, interest, and attorney fees that may be associated with the claim. A crucial aspect of the Sm 1 form is the notice to defendants, which informs them of their rights and the potential consequences of failing to respond. The form also includes instructions for both plaintiffs and process servers, ensuring that all parties understand their responsibilities throughout the legal process. By completing and filing this form, plaintiffs can take the first step toward resolving their disputes in a structured legal setting.
State of Alabama
STATEMENT OF CLAIM
Case Number
Unified Judicial System
Form SM-1 (front) Rev. 3/95
(Complaint)
General
IN THE SMALL CLAIMS COURT OF _________________________________________________________________, ALABAMA
(Name of County)
__________________________________________ v._______________________________________
Plaintiff
Defendant
Plaintiff’s
Defendant’s
Home Address
Plaintiff’s Attorney’s
Additional
Address
Defendant(s)
and Addresses
NOTICE TO EACH DEFENDANT – READ CAREFULLY
YOU ARE BEING SUED IN THE SMALL CLAIMS COURT BY THE PLAINTIFF(S) SHOWN ABOVE. THE JUDGE HAS NOT YET MADE ANY DECISION IN THIS CASE, AND YOU HAVE THE RIGHT TO A TRIAL TO TELL YOUR SIDE.
HOWEVER, IF YOU, OR YOUR LAWYER, FAIL TO FILL OUT THE ENCLOSED ANSWER FORM AND DELIVER OR MAIL IT TO THE CLERK AT THE ADDRESS SHOWN BELOW, SO THAT IT WILL GET TO THE CLERK’S OFFICE WITHIN FOURTEEN (14) DAYS AFTER YOU RECEIVE THESE PAPERS, A JUDGMENT CAN BE TAKEN AGAINST YOU FOR THE MONEY OR PROPERTY DEMANDED IN THE FOLLOWING COMPLAINT, ONCE A JUDGMENT HAS BEEN ENTERED AGAINST YOU, YOUR PAYCHECK CAN BE GARNISHED AND/OR YOUR HOME OR PROPERTY SOLD TO SATISFY THAT JUDGMENT.
COMPLAINT
1. I claim the defendant owes the plaintiff the sum of $____________________ because:
2. Plaintiff also claims from the defendant court costs in the sum of $ ________________________ (see note below), 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.
CLERK’S ADDRESS:
_____________________________________________________
Plaintiff or Plaintiff’s Attorney (Signature)
Attorney Code __________________________
Plaintiff’s or Plaintiffs Attorney’s Phone Number
Clerk’s Phone No. _______________________________
(See instructions on the Back)
Date of Filing_________________________________________
Form SM-1 (back) Rev. 3/95
INSTRUCTIONS TO THE PLAINTIFF’S
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.
1.You must complete one of these forms for each defendant you wish to sue. Each defendant must be described by his/her correct legal name and address (not a post office box). Be as brief as possible but include every important name, date and place
2.To start your case you must file the completed form with the clerk assigned to Small Claims cases. 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.
3.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.
4.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 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.
5.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.
ANY TIME YOU CONTACT THE CLERK ABOUT THIS CASE YOU MUST REFER TO THE CASE NUMBER ON THE FRONT.
INSTRUCTIONS TO SHERIFF OR PROCESS SERVER
To Any Sheriff or Any Person Authorized by Rule 4.1(b)(1) or 4.1(b)(2) of the Alabama Rules of Civil Procedure to Effect Service in the State of Alabama.
You are hereby commanded to serve this summons and a copy of the Statement of Claim in this action upon the defendant(s) named __________________________________________________________________________________________________
________________________________________________________________________________________________________
and make proper return to this court.
Date ________________________
_____________________________________ By__________
Clerk
RETURN ON SERVICE:
Served on defendant(s) named _______________________________________________________________________________
by delivering a copy of the Summons and Statement of Claim to him/her in ____________________________________________
County, Alabama, on (Date) ______________________________________________________________________,
____________________________________________________
Process Server Signature
Title of Process Server
This service by certified mail of this Summons and Statement of Claim is initiated upon the request of _______________________
______________________________ pursuant to Rule 4.1.(c) of the Alabama Rules of Civil Procedure.
Date Requested ___________________________________
Date Mailed __________________________________________
Return Receipt Date _______________________________
______________________________ By___________________
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The Alabama Small Claims Court Form SM-1 is similar to the Complaint form used in civil court proceedings. Both documents serve as the initial filing that outlines the plaintiff's claims against the defendant. They require basic information such as the names and addresses of the parties involved, the nature of the claim, and the amount sought. The Complaint form, however, is typically more detailed and may include additional legal claims and defenses, while the SM-1 is streamlined for small claims cases, focusing on simplicity and efficiency.
Another document akin to the SM-1 is the Summons. A Summons is issued to notify the defendant that a lawsuit has been filed against them. It instructs the defendant on how to respond to the complaint and provides essential information regarding the court's jurisdiction. The SM-1 incorporates a notice to the defendant, informing them of their rights and the consequences of failing to respond, similar to the function of a Summons in traditional civil litigation.
The Answer form is another document that parallels the SM-1. The Answer is the defendant's formal response to the plaintiff's claims, allowing them to contest the allegations made in the SM-1. Both documents are part of the procedural framework in court cases, where the Answer addresses the claims and may include counterclaims or defenses, while the SM-1 initiates the claim process.
The Affidavit of Service shares similarities with the SM-1 in that it provides proof of delivery of legal documents to the defendant. After the SM-1 is filed, the Affidavit of Service confirms that the defendant has received the necessary paperwork, which is critical for ensuring that the court has jurisdiction over the defendant. Both documents are essential for the procedural integrity of the case.
The Motion for Default Judgment is another related document. This motion is filed when a defendant fails to respond to the SM-1 within the specified timeframe. The plaintiff can seek a default judgment, which allows the court to rule in their favor without the defendant's participation. Both the Motion for Default Judgment and the SM-1 are integral to the enforcement of claims in small claims court.
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Finally, the Judgment form is comparable to the SM-1 in that it reflects the court's final decision regarding the claims made. Once the court has heard the case, the Judgment form outlines the outcome, including any monetary awards or directives. The SM-1 initiates the process, while the Judgment form concludes it, marking the resolution of the dispute between the parties.
Here are some key takeaways about filling out and using the Alabama Sm 1 form:
What is the Alabama SM 1 form?
The Alabama SM 1 form, also known as the Statement of Claim, is used to initiate a small claims case in Alabama. This form allows a plaintiff to formally present their claim against a defendant in small claims court.
Who can file the Alabama SM 1 form?
Any individual or entity that believes they are owed money or property can file this form. The plaintiff must provide their correct legal name and address, as well as the same information for the defendant. It is essential to ensure that all details are accurate to avoid delays in the case.
What information is required on the form?
The form requires several key pieces of information, including:
Providing complete and accurate information is crucial for the processing of the claim.
How do I file the Alabama SM 1 form?
To file the form, you must present it to the clerk assigned to small claims cases in your county. The clerk will stamp a copy of the form to confirm that it has been filed. It is advisable to keep this stamped copy for your records.
What happens after I file the form?
Once the form is filed, the plaintiff is responsible for ensuring that each defendant receives a copy. If the defendants do not respond within fourteen days, the plaintiff may seek a judgment by default. If a trial is requested by the defendant, the plaintiff will be notified of the details regarding the date, time, and location.
What if the defendant does not respond?
If the defendant fails to file an answer within the specified time frame, the plaintiff may request a judgment by default. This means the court may rule in favor of the plaintiff without a trial, allowing them to collect the owed amount.
Who is responsible for collecting the judgment?
Once a judgment is awarded, the plaintiff is responsible for its enforcement. The court or clerk does not collect the judgment on behalf of the plaintiff. This may involve garnishing wages or taking other legal actions to recover the owed amount.
What should I do if I have questions about the form?
If you have questions regarding the Alabama SM 1 form or the filing process, it is advisable to contact the clerk’s office. Always refer to the case number when inquiring about your specific case to ensure accurate assistance.