The Alabama SM 1 form is a legal document used in small claims court to initiate a lawsuit. This form outlines the plaintiff's claim against the defendant, including the amount owed and any additional costs. Understanding how to properly complete and file this form is essential for anyone seeking to resolve a dispute through the small claims process in Alabama.
The Alabama Sm 1 form, officially known as the Statement of Claim, is a crucial document used in the Small Claims Court of Alabama. This form initiates legal proceedings when a plaintiff seeks to recover a specific sum of money or property from a defendant. It includes essential information such as the names and addresses of both the plaintiff and the defendant, as well as the case number assigned by the court. The form outlines the plaintiff's claims, detailing the amount owed and any additional costs, such as court fees and interest. Importantly, it serves as a notice to the defendant, informing them of their right to respond and present their side of the case. The instructions provided on the form guide the plaintiff through the necessary steps to ensure their claim is properly filed and served. Additionally, the form emphasizes the importance of timely responses from the defendant, highlighting the potential consequences of failing to answer, such as a default judgment. Understanding the components and implications of the Alabama Sm 1 form is essential for anyone looking to navigate the small claims process effectively.
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___________________
Ahsaa Sports Physical Form - An orthopedic evaluation is performed, checking joints, bones, and flexibility to prevent sports-related injuries.
The California Notary Acknowledgment form is crucial in confirming the authenticity of a signer's identity and signature in legal documents, and you can find the necessary requirements to complete this process thoroughly detailed in the Notary Acknowledgement form. This formal declaration by a Notary Public ensures that the signer appears in person, verifies their identity, and acknowledges their signature willingly, which is essential to prevent fraud and maintain the integrity of legal instruments.
How to Claim Supplemental Nutrition Assistance Program Alabama - Outlines the documentation required to support the application during the interview process.
Alabama 20C - It outlines payment instructions for corporations owing Alabama income tax or expecting a refund.