This article will provide guidance on Alabama Process Servers Near Me. There are currently no licensing or registration requirements for Alabama process service. As an alternative to delivery by the sheriff, process issuing from any court governed by these rules may be delivered by the clerk to any person not less than eighteen (18) years of age, who is not a party and who has been designated by order of the court to make service of process. Click Here for Frequently Asked Questions About Process Servers!
Although not required by the state, it is recommended that if an individual serves the process professionally, they become bonded and insured.
BACKGROUND
It is the law in Alabama, as in most other states, that a plaintiff must provide notice of a lawsuit to the defendant. This is referred to as “service of process,” There are specific guidelines for who may serve legal notifications and how it must be done in each state. The services of the local sheriff are often requested in Alabama. However, the court often appoints other parties, known as “process servers,” to execute this on its behalf. The regulations regarding the service of process in Alabama are quite simple and easy to understand, in contrast to those of several other states. Click here for information on How Rush Process Service Can Expedite Your Case.
In certain areas, a license is necessary to work as a process server. This is not the case in Alabama. Despite the absence of a licensing requirement, process servers in Alabama must be at least eighteen years old and must have been appointed by the court in order to serve the documents in issue. Aside from these two stipulations, anybody in Alabama may serve legal documents as a process server. Click Here for information on Why Do Process Servers Exist?
METHODS OF PROCESS SERVICE
A process server has a number of options for delivering the legal documents they have been entrusted with to the intended recipients. Process servers often make the first attempt to deliver legal documents in person. There are two main reasons why personal service is the norm: convenience and cost. Click here for information on How Service of Process Ensures A Solid Foundation.
To begin with, personal is the most convenient method of serving a person with legal documents. Also, it has the highest degree of dependability. In-person serving is preferred since the process server is able to verify that the defendant received the legal notice. Click here for information on How Process Servers Protect Your Rights: Myths Debunked
Written notification from the process server to the court clerk is entered into the docket after personal service has been made. If the defendant is not home when the process server tries delivery, the documents might be left with a responsible adult resident of the residence.
The defendant, or their authorized agent, may also receive them from the process server (i.e., a lawyer). The person serving process must include evidence of service submitted to the court clerk who received the legal notice. Service by certified mail may be appropriate if it is determined that personal service is not practicable or has been unsuccessful despite repeated efforts. In this scenario, the clerk of court will handle sending the legal notice and will record evidence of service into the docket once a return receipt is received.
There are situations in which a defendant will not accept service in person or by certified mail. If that’s the case, the clerk may just use regular mail to deliver the notification. When a clerk sends a legal notice, service is complete. Rarely the court may order service to be completed via publishing if the defendant is an Alabama resident who has rejected or evaded personal service and for whom an address is not available.
The clerk must publish the service of notice in a national newspaper with extensive distribution in the jurisdiction where the action is brought. If there is no newspaper in the county, it must be published in a neighboring county. As a further requirement, the announcement must be publicized regularly for four weeks. Service is considered complete whenever the publisher submits written confirmation that the notice has been published in the newspaper for four consecutive weeks.
At Undisputed Legal, Alabama process servers deliver general civil litigation papers like summons and complaints. However, their scope is not restricted to the same, with servers delivering real estate documents like foreclosure and eviction notices(30-day notice (s) to correct or vacate) or landlord and tenant documents, as well as bank levies and wage garnishments. Since discretion and client satisfaction is of high regard to a process service firm, Alabama process servers also provide family law papers like divorce, paternity determination, child support, custody, and visitation papers. Papers may be delivered to the local and federal government offices as well as pro se for individuals representing themselves, be it in landlord & tenant or small claims & various federal lawsuits.
MAJOR REQUIREMENTS OF ALABAMA PROCESS SERVERS
Summonses, complaints, divorce papers, family court documents, subpoenas, citations, small claims court cases, orders to show cause, petitions, discovery documents, evictions, landlord/tenant notifications, motions, and any other legal document may be served by our Alabama process servers. Undisputed Legal is a comprehensive process serving agencies in Alabama, serving government entities at the federal, state, and local levels, as well as private businesses and individuals.
Consequently, Alabama process servers are localized in the state. To applicants, service may be provided through different tiers of service. Service may either be routine, wherein the service is provided by the process server within 5-7 working days, or rush service is applicable, where the first attempt for service will be made within forty-eight hours. The final tier of service is mail service, where the documents are sent out within twenty-four hours.
Even if the start timings vary, each of the aforementioned levels of service (Routine and Rush) in Alabama includes up to three (3) attempts to deliver the legal documents in question to the intended recipient (Morning Afternoon & Evening). Additionally, Undisputed Legal vouchsafes for the safety of the client documents. Each server is required to provide affidavits of service generated by global positioning systems as well as send real-time email updates specifically to you. We also send an affidavit by email before sending the hard copy. As a bonus, new customers get a free, no-strings-attached skip trace.
Only seasoned Alabama process servers who adhere to the most recent license, education, and bonding standards established by their jurisdiction may serve legal papers in court in the state. Undisputed Legal, Inc. is an expert in tracking and serving court documents on elusive defendants and witnesses.
RESPONSIBILITY OF ALABAMA PROCESS SERVERS
The process server is responsible for locating the defendant and delivering a copy of the process, as well as any other relevant papers, to the defendant. The person serving process must indicate on the document that it has been delivered and then return it to the clerk so that the clerk may update the docket page accordingly after the copy has been served. It must be presumed that service of process has been made when the person serving it returns in the manner indicated below.
Suppose the process server is unable to provide a copy of the papers within thirty (30) days. In that case, they must indicate the original papers and return them to the clerk, who will make the necessary notation on the case’s docket page. Suppose the clerk is unable to serve the appropriate party. In that case, they are required to immediately inform the attorney of record or, if no attorney of record exists, the person at whose instance the process was issued. The clerk is required to record the receipt of the notice on the case’s docket. Service is valid even if it is not made within the thirty(30)day period or if evidence of service is not made.
Service of process must be done by certified mail if requested in writing by the plaintiff and filed with the clerk. Suppose service is to be made through certified mail. In that case, the clerk is responsible for preparing an envelope, addressing it to the appropriate party, and including a copy of the process and complaint or other documents to be served. The clerk will then affix sufficient postage and send the sealed envelope through the United States Postal Service as certified mail with instructions to forward, return the receipt requested, and instruct the delivering postal worker to record the recipient’s name, the date of delivery, and the delivery address. If the defendant or respondent is an individual, the clerk must additionally ask for limited delivery unless the judge rules differently. The clerk must record the date of mailing and the date the return receipt was received on the case’s docket page immediately after each event.
Delivery via certified mail to the addressee or the addressee’s agent, as indicated by the return receipt, will be conclusively presumed to have been made on the day of delivery, and the time for responding shall commence on that date.
A person’s direct or indirect involvement in the state’s legal system, whether as principal or agent, is sufficient to establish jurisdiction over that person.
OUT-OF-STATE SERVICE IN ALABAMA
To comply with Alabama regulations, service may be made outside of this state through certified mail or personal delivery by a process server. Such service must be treated as if it had been made inside this state. In all other cases, service of process outside of this state should be done by certified mail unless otherwise requested or allowed herein.
A copy of the complaint, summons, or other documents to be served must be placed in an envelope and addressed to the individual at their last known address with directions to forward. The time limit for responding to a summons or other legal process served by certified mail will begin counting the day the return receipt is dated.
Suppose the return receipt indicates the process was not delivered. In that case, the clerk is required to inform the attorney of record immediately, or if no attorney of record exists, the person at whose instance process was issued through certified mail. Service is complete when the party serving or the party’s attorney files with the clerk an affidavit setting forth facts indicating the reasonable diligence utilized to ascertain the whereabouts of the party to be served, and service by publication is made if the return receipt shows the failure of delivery.
Where the process server has endorsed the fact of failure of service and the reason therefore on the process and returned same to the clerk, or where the return receipt shows a failure of service, the court may, on motion, order service to be made by publication when a resident defendant avoids service and the location or residence of the defendant at the time of service is unknown. If the defendant is a domestic corporation or a foreign corporation with a principal place of business in this state, and the process server certifies that service cannot be made because the defendant has failed to elect officers or appoint agents, because the officers or agents have been absent from the state for thirty (30) days following the filing of the complaint, or because the officers or agents are unknown, then the complaint shall be dismissed as to the such defendant.
AFFIDAVIT REQUIREMENT FOR ALABAMA PROCESS SERVERS
An affidavit of a party or party’s counsel must be filed with the court averring that service of summons or other processes cannot be made because either the residence is unknown to the affiant Tor the defendant has been absent from that residence for more than thirty days since the filing of the complaint or the defendant avoids service before service by publication can be made in an action where the identity or residence of a defendant is unknown.
Service of process by first class mail in lieu of publication may be made when the party requesting such service has also filed an affidavit setting forth the facts required and when service of process by publication in domestic proceedings. Suppose the defendant cannot be located at any addresses listed in the plaintiff’s affidavit. In that case, the clerk must also serve the defendant by mailing copies of the complaint or other documents to the defendant in the care of the next of kin or other people who may know the defendant’s whereabouts. On the third day following the date of the postmark on the envelope, the defendant will be notified that the period within which the defendant is expected to present will begin to run. The action’s docket sheet must reflect the mailing’s occurrence.
The time for responding to a notice sent by mail under this paragraph shall begin on the third day after the notice was sent. For more information, check out What is a Process Server? or What is Process Service?
OUT-OF-STATE PROCESS SERVICE IN ALABAMA
Service of process in any action brought in this state may be made in a foreign country if the person to be served is either a nonresident of this state at the time of service or a resident of this state who is absent from this state and can be found in a foreign state.
Methods of service in a foreign country can be deemed to confer in personam jurisdiction if service is done by [A.] certified mail or the equivalent requiring a signed receipt; [B.] by a process server; service by letters rogatory; [C.] prescribed by the law of the foreign country; and [D.] as directed by order of the court.
Either the court in which the matter is ongoing or an overseas court may appoint a process server to deliver the summons or other process and the complaint or other document to be served. If the defendant is an individual, service must be made in person; if the defendant is a company, partnership, or association, service must be made to an officer or the managing or general agent. The plaintiff may pick up the summons or other process from the clerk and then send it to the foreign court or officer-making service.
As long as the service is geared to provide real notice, it is permissible to serve the summons and complaint or other documents as ordered by the foreign authority in response to letters rogatory. The summons and complaint may be served in any way allowed by local law, so long as it is sufficient to provide the defendant with genuine notice of the case. The complaint or other document to be served along with the summons or other process may be served as the court presiding over the proceedings directs.
OUR PROCESS
Documents can be faxed at (800) 296-0115, emailed ps@undisputedlegal.com, or dropped off at any of our locations. We do require pre-payment and accept all major credit and debit cards. Once payment is processed, your sales receipt is immediately emailed for your records.
Drop-offs must call and make an appointment first to be added to building security to permit access to our office. Documents for service must be in a sealed envelope with payment in the form of a money order or attorney check (WE DO NOT ACCEPT CASH) payable to UNDISPUTED LEGAL INC.; All documents are received by our receptionist.
DOMESTIC COVERAGE AREAS:
Alaska | Alabama | Arkansas | Arizona | California | Colorado | Connecticut | District of Columbia | Delaware | Florida | Georgia | Hawaii | Iowa | Idaho | Illinois | Indiana | Kansas | Kentucky | Louisiana | Maryland | Massachusetts | Maine| Michigan | Minnesota | Mississippi | Missouri | Montana | North Carolina | North Dakota | Nebraska | New Hampshire | New Jersey | New Mexico | Nevada | New York | Ohio | Oklahoma | Oregon | Pennsylvania | Rhode Island| South Carolina | South Dakota | Tennessee | Texas | Utah | Virginia | Vermont | Washington | West Virginia | Wisconsin | Wyoming
INTERNATIONAL COVERAGE AREAS:
Albania | Andorra | Anguilla | Antigua | Argentina | Armenia | Australia | Austria | Azerbaijan | Bahamas | Barbados | Belarus | Belgium | Belize | Bermuda | Bosnia and Herzegovina | Botswana | Brazil | British Honduras | British Virgin Islands | Bulgaria | Canada | Cayman Islands | Central and Southern Line Islands | Chile|China (Macao) | China People’s Republic | Colombia | Costa Rica | Country of Georgia | Croatia | Cyprus | Czech Republic | Denmark | Dominican Republic | Ecuador | Egypt | Estonia | Falkland Islands and Dependences | Fiji | Finland | France | Germany | Gibraltar | Gilbert and Ellice Islands | Greece | Guernsey | Hong Kong | Hungary | Iceland | India | Ireland | Isle of Man | Israel | Italy | Jamaica | Japan | Jersey Channel Islands | Jordan | Kazakhstan | Korea | Kuwait | Latvia | Lithuania | Luxembourg| Malawi | Malaysia | Malta | Mauritius | Mexico| Monaco | Montenegro | Montserrat | Morocco | Namibia | Netherlands| New Zealand |Nicaragua | Norway | Pakistan | Panama | Paraguay | Peru | Philippines | Pitcairn |Poland| Portugal | Republic of Moldova | Republic of North Macedonia | Romania |Russian Federation | Saint Vincent and the Grenadines | San Marino | Saudi Arabia | Serbia | Seychelles | Singapore| Slovakia | Slovenia | South Africa | Spain | Sri Lanka | St. Helena and Dependencies | St. Lucia | Sweden | Switzerland | Taiwan | Thailand | Tunisia | Turkey | Turks and Caicos Islands| Ukraine | United Kingdom of Great Britain and Northern Ireland | Uruguay | US Virgin Islands | Uzbekistan | Venezuela | Vietnam
OFFICE LOCATIONS
New York: (212) 203-8001 – 590 Madison Avenue, 21st Floor, New York, New York 10022
Brooklyn: (347) 983-5436 – 300 Cadman Plaza West, 12th Floor, Brooklyn, New York 11201
Queens: (646) 357-3005 – 118-35 Queens Blvd, Suite 400, Forest Hills, New York 11375
Long Island: (516) 208-4577 – 626 RXR Plaza, 6th Floor, Uniondale, New York 11556
Westchester: (914) 414-0877 – 50 Main Street, 10th Floor, White Plains, New York 10606
Connecticut: (203) 489-2940 – 500 West Putnam Avenue, Suite 400, Greenwich, Connecticut 06830
New Jersey: (201) 630-0114 – 101 Hudson Street, 21 Floor, Jersey City, New Jersey 07302
Washington DC: (202) 655-4450 – 1101 Pennsylvania Avenue, N.W. Suite 300, Washington DC 20004
FOR ASSISTANCE SERVING LEGAL PAPERS in alabama
Simply pick up the phone and call Toll-Free (800) 774-6922 or click the service you want to purchase. Our dedicated team of professionals is ready to assist you. We can handle all your process service needs; no job is too small or too large!
Contact us for more information about our process serving agency. We are ready to provide service of process to all our clients globally from our offices in New York, Brooklyn, Queens, Long Island, Westchester, New Jersey, Connecticut, and Washington, D.C.
“Quality is never an accident; it is always the result of high intention, sincere effort, intelligent direction, and skillful execution; it represents the wise choice of many alternatives”– Foster, William.
Sources
1. In the event that service is to be rendered in the form of publication, the clerk must provide the following details:
- A synopsis of the disclaimer
- Warning that the defendant has 30 days to respond to the notification
2. If the receipt indicates that the addressee or the agent for the addressee was not available to accept the communication, the clerk must follow the notification steps outlined in paragraph (b)(4) of this rule. Service is legitimate even if it is delayed beyond the 30-day deadline or if evidence of service is not provided.
3. The clerk must attach sufficient stamps and ship the sealed envelope as certified mail return receipt requested, instructing the delivering postal worker to indicate who was delivered to, the date of delivery, and the location where the document was delivered. If the defendant or respondent is an individual, the clerk must additionally ask for limited delivery unless the judge rules differently. The clerk must record the date of mailing and the date the return receipt was received on the case’s docket page immediately after each event.
4. Where the identity or residence of a defendant is unknown, or where a resident defendant has been absent from that defendant’s residence for more than thirty days following the filing of the complaint and the method of service by publication has heretofore been deemed appropriate, service by publication may be applied to a claim historically equitable involving property under the control of the court (for example, administration of an estate, interpleader, partition), or marital status.
To a claim against a defendant who escapes serving of process as stated in paragraph (c) of this rule, regardless of whether the claim is legal or equitable. The particular legislative process for publication and any other requirements in legislation regulating special procedures (such as attachment or an in rem action to quiet title) must prevail in such proceedings. Except as otherwise specified, a judgment in personam shall not be entered upon service by publication.
