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Small Claims Court in Brookside, Alabama

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How to File a Small Claim in Brookside

A small claims case is brought for the recovery of money damages, civil penalties, personal property, or other relief allowed by court. The claim can be for no more than $10,000, excluding statutory interest and court costs but including expert fees if any. These Small Claims Courts can be used without the help of an expert. The person or company who files the case is called the plaintiff and the person or company they file the case against is called the defendant.

There are many private companies providing you detailed guidelines regarding Filing A Small Claim Court ​Brookside. These companies have professionals to assist you in your matter and to file a case on your behalf in Small Claims Court Brookside. Before filing a case in the justice court, it is always recommended you attempt to resolve your problems with the other party.

How to File a Small Claim Brookside - Alabama

Limit of Small Claim Court Brookside

You can ask for up to $10,000 in a small claims action in Brookside Justice Court. This amount will increase to $20,000 on September 1, 2020.

Types of Small Claim Cases in Brookside Courts

You can file a case in small claim court Brookside if you have any of the following disputes:

  • Auto accidents
  • Small loans
  • Defected new products
  • Poor services rendered
  • Landlord/Tenant Issues
  • Business partnerships
  • Corporations
  • Government agencies
  • Motor Vehicle Claims
  • Minors
  • Bill collectors

Small Claim Court Fee in Brookside

The Justice of the Peace must collect total fees of $34.00 for the Filing of A Claim In The Small Claims​ Brookside Court. The filing fee is set out in Section 118.121 of the Brookside Local Government Code. Other fees in Small Claims Court are the same as those for cases in Justice Courts in Brookside.

Process of small claim in Brookside Courts

  • Submission of the case (filling forms)
  • Trials
  • Judgment
  • Filling an appeal

Who May Sue in Brookside?

A person over the age of 18 years can sue in Small Claim Court Brookside. An underage can use the court accompanied by a parent, relative, or "next friend" over the age of 18 to file a claim and later go with the minor to the trial. Small Claims Cases are governed by Rules 500-507 of Part V of the Rules of Civil Procedure. The four most common reasons that plaintiffs file small claims cases are:

  • The defendant made a promise and then didn’t honor the promise, which caused the plaintiff to lose money (breach of contract);
  • The defendant owes money to the plaintiff and will not pay;
  • The defendant did something that caused damage to the plaintiff’s property or caused injury to the plaintiff; or
  • The defendant is in possession of personal property that belongs to the plaintiff.

Who May Be Sued in Brookside?

In Brookside, you can file the case against the person or company that is responsible for your damages (lost money) or that has your personal property. If the business is a corporation, you will need the name of the registered agent, president, or vice-president of the corporation. Any natural person, association, partnership, or corporation over which the Court has jurisdiction may be sued. The person or business being sued is called the "DEFENDANT". 

When to File Suit in Brookside?

In Brookside, you can file a case four years for written and oral contracts and two years for injury and Property Damage Claims. If you don’t file within this period, you lose your right to sue. If a minor is injured, the personal injury statute will not begin running until the child reaches 18 years of age. In Brookside, a Small Claim Court has no power to hear a suit that is filed after these set time periods.

Types of Trials in Small Claims Court Brookside

The trial of the case may be heard by the Judge of the Court sitting alone, or upon request of either party, by a six-person jury. The Brookside statute creating the Small Claims Courts allows either party to request a jury upon payment of a $22 fee. Anyone can file a request for a jury trial with the Court not later than 14 days before the date on which the trial is to be held. Having a trial by Judge alone will generally take less time and be less complicated than a jury trial.

Who Can Represent a Small Claim in Brookside Justice Court?

You can appear before the Magistrate yourself but professionals or experts can appear on the behalf of small claims plaintiffs.

Procedure to Start a Suit

The Plaintiff has to go to the Civil Clerk of the Justice of the Peace Court. He has to fill a small claim statement form. He has to provide the following information:

  • The Plaintiff's complete name and address.
  • The Defendant's complete name and address
  • The amount of the Plaintiff's claim
  • The basis of the Plaintiff's claim
  • The amount of money the Plaintiff properly owes the Defendant, if any.
  • Swear under oath that this small claim statement is true

You have to pay the Clerk a filing fee and the service of citation fee, to cover costs of serving citation on the Defendant. Once a trial date has been set, ask the Clerk to issue a subpoena. The full name and address of a witness are needed for a subpoena to be issued. A fee must be paid for each subpoena requested.

The Trial

If the Defendant in spite of being received the notice of the trial, does not appear in the court, the Judge is authorized to grant a default judgment against the Defendant. If the Plaintiff does not appear at the trial, then the Judge may enter an order dismissing the case. The Plaintiff and Defendant must bring to Court that day any evidence. Proceedings in Small Claims Court are less formal than in other civil courts. If it is a jury trial, the jury will deliver the verdict. If the Defendant wins, the Plaintiff will recover no money and must pay the court costs.

What Happens If the Plaintiff Wins?

If the Plaintiff wins, the Defendant will be ordered to pay the Plaintiff the amount of money awarded by the Court, plus court costs. If the Defendant does not pay the money awarded by the Court, then the Plaintiff can ask the Clerk to issue an execution. An execution orders the Sheriff or Constable to collect the amount of the judgment and court costs. The Plaintiff may ask the Clerk to issue an execution any time from 30 days after the judgment has been signed. An execution cannot be issued if either party is appealing the judgment.

Appeals in the Small Claims Court Brookside

Either party has the right to appeal to the County Court if the amount of the dispute exceeds $250, exclusive of the court costs. To appeal, a party must file an appeal bond in the Small Claims Court within 21 days from the date of the judgment. The new trial will be held before another judge or jury as if the case had never been tried in the Small Claims Court.

Who Can Collect the Judgment?

You are responsible for all collection efforts. The court cannot collect a judgment on your behalf. Private companies who provide services of Small Claim Brookside, can collect a judgment on your behalf.

What If I Cannot Afford to File a Case?

If you are unable to pay those fees, fill out a Statement of Inability to Afford Payment of Court Costs form – the court must provide this form to you.

Do I Need a Professional to File a Case?

The rules and procedures are designed to be simple and straightforward, allowing people to seek justice without needing to hire a professional. You can hire a professional for your convenience. If you do not have a professional to assist you in Small Claim Court, the judge may allow you to be assisted in court by a family member or another person who is not being paid to assist you. This person can help you understand the proceedings and advice you, though that person cannot speak for you in court.

Why Choose Small Claim Filing Company To File A Small Claim Courts Brookside?

At Small Claim Filing Company we are a professional company providing services to the inhabitants of Brookside. The team Small Claim Filing Company is experienced and trained, and we know How Small Claim Court Works and having the knowledge to deal with your matters of small claims in Brookside to provide you ease and comfort. We are trustworthy because we own your worries and troubles to give you peace of mind. Our experienced specialists understand the court procedure very well. We begin working on your case once you visit us. To know more about our services, you can call us at 000-000-0000.

Frequently Asked Questions About How to File a Small Claim

How to file a claim in small claims court?

To file a claim in small claims court, complete the appropriate forms, pay the filing fee, and serve the defendant. Attend the hearing.

How much does it cost to file a claim in small claims court?

The cost to file a claim in small claims court varies by state and jurisdiction, typically ranging from $30 to $150.

How to file a small claim?

To file a small claim, complete the appropriate forms, pay the filing fee, and serve the defendant. Attend the hearing and present your evidence.

How to file a small claim online?

The process for filing a small claim online varies by jurisdiction. Check with your local court to determine if online filing is available.

How many days do you have to file a small claim?

The time limit to file a small claim varies by jurisdiction. It can range from a few months to several years, depending on the state.