Alabama Service of Process Rules

Alabama

State Serve Rules
State Serve Rules

Affidavit

Notary
Not Required
Refusal service
Yes, state defines as "refusal" on the affidavit

Mailing

Mail for corporate substitute service
Not Required
Mail for substitue service
Not Required

Minors, Incapacitated, and Jail

Incapacitated individuals + care/custody
Must serve incapacitated ind + care/custody
Jail Care Custody Service
Facility-specific policy
Jail Personal Service
Yes, state requires service directly on the incarcerated person
Service to a minor
Minor, if over 16 + parent required

Proof Specialists

Mirrors Fed Rules
Yes
M&O
Not required for service

Substitute Service Rules - Business / Entity

Corporate subservice at a residence
Not Permissible
Government substitute service
Yes, may serve a designated employee
Service of Corporate Person in charge
No, must serve agent/officer
Workplace substitute service
Not Permissible

Substitute Service Rules - Individuals

Due diligence prior to substitute service
Not Required
Minimum age for substitute service
Suitable age and discretion
Residential substitute service
Permissible
Spousal Service
Permissible
Subpoena Personal Service Only?
Yes
Substitute serve by posting (Nail & Mail)
Not permissible, must serve documents

When and where can you serve?

Endorcing the Summons prior to serving
Not required
Serve at a nursing home
Client policy
Sunday Service
Permissible

Eviction Summons Rules
Eviction Summons Rules

Mailing

Certified Mail
No
Mail always?
No
Mail if posted
Required
Mail if subserve
Yes
Mail SLA
Same day or close of next business day

Posting Rules

Due Diligence Prior to Posting
Required
Posting
Permissible

Eviction Posting Rules
Eviction Posting Rules

Additional Rules

Additional rules - Servers
Posting is only permitted if personal service cannot be made, and no one is at the residence for sub service

Affidavit

Notary for Notice
Not required

Mailing

Certified Mail
No
Mail always?
Yes
Mail SLA
Same day or close of business day

Proof Specialists

Server/Marshal Required?
Server
**Server Requirement.** Any person not less than 18 years of age specially appointed by the court for the purpose of serving a summons;
**Personal Service, Individuals.** By serving the copies of the summons and complaint to the individual personally.
**Substituted.** By leaving a copy of the summons and the complaint at the individual’s dwelling house or usual place of abode with some person of suitable age and discretion \(19 or older\) then residing therein or by delivering a copy …to an agent authorized by appointment or by law to receive service of process.
**Workplace substituted:** Not allowed, personal service only at workplace \(sub-service is a dwelling only\)
**Corporations.** Upon a corporation either domestic or foreign by serving the agent authorized by appointment or by law to receive service of process or by serving the corporation by certified mail at any of its usual places of business or by serving an officer or an agent of the corporation;
**Return of Service.** When the copy of the process has been delivered, the person serving process shall endorse that fact on the process and return it to the clerk… The return … shall be prima facie evidence that process has been served.
**Delivery by a process server.** *By designated person.* Process … may be delivered by the clerk to any person not less than 18 years of age, who is not a party and who has been designated by order of the court to make service of process.

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