Alabama Service of Process Rules
Alabama
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
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
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.
