Last Updated: April 3, 2023 by Elizabeth Souza
The average cost of an eviction in Alabama for all filing, court, and service fees can vary heavily by county. For cases filed in District Court or Circuit Court the average cost is $288.50.
| Fee | District/Circuit |
| Initial Court Filing | ~$256+ |
| Summons Service | ~$12.50+ |
| Writ of Possession Service | ~$20 |
| Notice of Appeal (Optional) | $260+ |
| Default Judgment (Optional) | ~$50 |
These filing, court, and service feesdo notinclude outside costs such aslegal feesorpost-eviction fees(i.e., locksmith fees, storage costs for a tenant’s abandoned property, cleaning service fees, repair costs, or advertising costs for a vacant dwelling unit).
1. Initial Court Filing Fee
In Alabama, if the eviction notice expires and the tenant remains on the property without correcting the issue, the landlord may file an eviction lawsuit (“Unlawful Detainer”) with the court the following business day.
The filing fee for an initial Unlawful Detainer depends heavily on the county the dwelling unit is located, for example, the filing fee inMobile Countyis $256 and in Jefferson County the filing feeis $261. Each additional tenant is $10.
NOTE
Alabama District Courts and Circuit Courts have concurrent jurisdictions. Additionally, lawsuits seeking injunctive relief must be filed in the Circuit Court.
2. Summons Service Fee
In Alabama, once a Complaint is filed, the court will issue a Summons. The Summons is the tenant’s official notice of an eviction lawsuit and contains important information (i.e., when/where to appear in court). The landlord must arrange for a process server to deliver the Summons to the tenant.
The Summons service fee varies by process server and by county. For example, a sheriff in Colbert County may charge $12.50 per document, other county sheriffs or registered private process servers may charge more.
3. Writ of Possession Service Fee
In Alabama, a sheriff or constable must serve the Writ of Possession to the tenant. The service fee varies by county, for example, in Madison County the service fee is $20.
4. Notice of Appeal Fee
If either party chooses to file an Appeal in Alabama, they may do so as long as the Notice of Appeal is filed within 7 calendar days of the judgment and the hearing must be held within 60 calendar days after filing.
The filing fee can vary by county, for example in Mobile County the fee is $260 (without a jury) or $360 (with a jury).
5. Default JudgmentFee
In Alabama, if the tenant does not answer or show up to the court hearing, a landlord can file a default judgment. The filing fee varies by county, for example, in Mobile County the filing fee is $50.
Sources
- 1 AL Code § 35-9A-461 (2022)
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(b) District courts and circuit courts, according to their respective established jurisdictions, shall have jurisdiction over eviction actions, and venue shall lie in the county in which the leased property is located. Eviction actions shall be entitled to precedence in scheduling over all other civil cases.
- 2 AL Code § 45-17-234 (2022)
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…(b)(1) In addition to all existing charges, fees, judgments, and costs of court, the clerk, sheriff, or other appropriate court official in the civil division of the District and Circuit Courts of Colbert County shall increase the fees by twelve dollars fifty cents ($12.50) per document personally served by the sheriff’s office, or its designee. For purposes of this section, the term “document” shall include multiple papers served on a party or entity at one time…
As an expert in legal proceedings and specifically in the context of eviction procedures in Alabama, I can confidently speak to the details provided in the article dated April 3, 2023, by Elizabeth Souza regarding the average cost of an eviction in Alabama. My expertise is rooted in a deep understanding of the legal framework, as well as the nuances and variations that exist across different counties in Alabama.
The information presented in the article is comprehensive, detailing the costs associated with eviction cases filed in District Court or Circuit Court in Alabama. The breakdown of fees, including the initial court filing fee, summons service fee, writ of possession service fee, notice of appeal fee, and default judgment fee, demonstrates a thorough knowledge of the eviction process in the state.
Let's delve into the key concepts discussed in the article:
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Initial Court Filing Fee:
- The article highlights that the filing fee for an initial Unlawful Detainer varies significantly by county. For instance, in Mobile County, the filing fee is $256, while in Jefferson County, it is $261. Additionally, there is an additional charge of $10 for each additional tenant. It is crucial to note that Alabama District Courts and Circuit Courts share concurrent jurisdictions.
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Summons Service Fee:
- After filing a complaint, the court issues a Summons, which serves as the official notice of the eviction lawsuit to the tenant. The article notes that the Summons service fee varies by process server and county. For example, a sheriff in Colbert County may charge $12.50 per document for this service.
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Writ of Possession Service Fee:
- The Writ of Possession must be served to the tenant by a sheriff or constable. The service fee for this varies by county, with Madison County cited as an example where the service fee is $20.
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Notice of Appeal Fee:
- If either party decides to file an appeal in Alabama, the Notice of Appeal must be filed within 7 calendar days of the judgment. The filing fee for this can vary by county. For instance, in Mobile County, the fee is $260 (without a jury) or $360 (with a jury).
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Default Judgment Fee:
- In cases where the tenant does not respond or appear at the court hearing, a landlord can file a default judgment. The filing fee for this also varies by county, with Mobile County cited as an example where the fee is $50.
Additionally, the sources provided at the end of the article, referencing specific sections of the Alabama Code (AL Code § 35-9A-461 and AL Code § 45-17-234), add credibility to the information presented, as they demonstrate a reliance on the legal statutes governing eviction actions in the state.
In conclusion, the article effectively provides a comprehensive overview of the costs associated with eviction proceedings in Alabama, showcasing a nuanced understanding of the legal intricacies involved in different counties.
