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Thread: Process Server Laws: Alabama

  1. #1
    Darin Biddle's Avatar
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    Licensing Laws: Alabama

    Section 6-4-1
    Time for execution and return.
    All original and mesne process, notices, citations and motions or actions in the nature of scire facias shall be executed instanter and, unless otherwise provided by law, shall be returned immediately upon the execution thereof by the officer executing the same; and all executions and venditioni exponas issuing from a court shall be made returnable 90 days after the issue thereof.


    Section 6-4-2
    Execution Adjoining county or any part of state.
    When the summons, subpoena or other process issues to the sheriff of the county in which the defendant or person against whom the subpoena or other process is directed resides, he may execute it in an adjoining county if such parties are there found, or he may pursue them and execute it in any part of the state.


    Section 6-4-3
    Execution Coroner or special coroner.
    (a) When the office of sheriff is vacant and until his successor is qualified, when the sheriff is imprisoned or in cases in which the sheriff is a party, is interested or otherwise is incompetent to act, the summons must be directed to and executed by the coroner if such interest or cause appears on the face of the proceedings; and if such interest or cause does not appear on the face of the proceedings, the coroner must execute the summons, though directed to the sheriff, if the judge of probate, on proper showing by affidavit, directs the execution thereof by the coroner.

    (b) When, in such cases, the coroner has not qualified or the office is vacant or when the coroner is absent from the county having no deputy therein, when the coroner is imprisoned or when he is a party to or interested in the action, the summons must be directed to and executed by a special coroner, to be appointed by the judge of probate.


    Section 6-4-4
    Commencement of action on Sunday.
    Whenever the plaintiff shall make an affidavit that he is informed and believes that the defendant is about to abscond or to remove out of the state, or is about to secrete himself so that service cannot be had upon him on the following day, he shall be allowed to file his complaint in any of the courts of this state on Sunday. Upon the filing thereof, a summons shall immediately issue and be served by the sheriff upon the defendant on the same day of its issuance, and if he cannot be found on that day, then it shall be served as any other summons and complaint.


    Section 6-4-20
    Method generally.
    Service of process, unless otherwise provided by law, shall be made as provided in the Alabama Rules of Civil Procedure.


    Section 6-4-21
    Where no other provision for service of nonresident minors or insane persons.
    Should there be no other provision by law or rule for service upon nonresident minors or insane persons and proof is made before the clerk, register or judge of the court in which the proceeding is pending, he may direct in writing the mode of service or may appoint in writing a guardian ad litem for such person without service.


    Section 6-4-22
    Deposit of money for postage and registration.
    In all cases where service is to be made by publication or registered or certified mail, a sufficient sum of money must be deposited in advance with the clerk or judge to cover the expenses of such publication or the postage and registration fee, as the case may be.
    What you don't know can, and usually does hurt you!
    ~ Darin Biddle ~



  2. #2
    Michael Hudson -'s Avatar
    Michael Hudson - is offline Licensed Private Investigator
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    Very Informative and helpful.
    MICHAEL D. HUDSON
    Licensed Private Investigator (AL #14562)
    APIA R-0311-0021
    H&H Associates
    Alabama, USA

    Badge 10243

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    Thumbs up

    Thanks Darin for the info. I have been interested in learning more about process servers.Have a good week!
    Nicholas R Keith

  4. #4
    Ms. Lyn Thiebe's Avatar
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    Just Letting you both know

    Hello to both of you, I was wondering if Michael you would be popping back into the forums, glad to see you have. the news and updates for the state of Alabama P.I.'s and process servers can also be obtained by visiting and joining the Alabama Professional Investigator Association. the web site is: http//fyiinvestigations.bizland.com/apia

    hopefully you are interested in checking it out and joining the association that is trying so hard to step up the standards and resource communication for the state of Alabama.

    thank you for taking a look.
    LYN THIEBE
    Licensed Private Investigator (AL #5941)

    L A Investigations - IPIU Badge #5737
    Member of the Alabama Professional Investigators Association.

  5. #5
    Michael Hudson -'s Avatar
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    Yes,

    Michael is back in country. Will continue to participate.

    RGDS

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    [B]This is very helpful information,thank you Micheal for all of it. I am going to go down to my local courthouse today and see if they have any openings in this area.
    Marcus Harris

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    Michael,
    thanks for the info on process servers, this is another intresting field to be involved in. I had a client go to small claims court. the local sheriffs department made two attempts to serve and failed both times, thus putting the process of serving back on the plaintiff. hiring P.I.'s to do this job is not only better but cost effective. it was found by the time I looked into her case. the statue of limitations had expired.
    great info and again thanks for posting this.
    Carl D. Cramblit

  8. #8
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    Lyn...

    I tried to log on to the page you refered to for the APIA. I could not log on. I have e-mailed the association and also sent a letter via US Mail. I am moving from Wyoming to Alabama. I have set up office in Demopolis, AL and I am very interested in becoming part of the Association.

    If you could please contact me regarding the APIA, that would be wonderful. Is it still existing?

    Thank You.

    Mary Saunders
    mmcalpin@wyoming.com
    Licensed Private Investigator (AL #050453)

  9. #9
    Chris Towns's Avatar
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    I am strongly considering spending much time and effort into being a PROCESS SERVER.Is this a good idea ? Is the best plan of action to hook up with a local state agency and be exclusive or keep your options open (REFERENCING A PROCESS SERVER)

    Thanks

  10. #10
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    I found the information on the Alabama Private Investigators Association (APIA).
    The old website address was posted wrong. It should have read:
    fyiinvestigators.bizland.com/apia/
    The new website which has just recently been set up is:
    www.apia-online.com
    The other information for the APIA is:1019 Old Manrovia Rd. #271
    Huntsville, AL 35806
    (256)721-6072
    You can download their application for membership. If you are a licensed Alabama PI you should check it out.

    Good Luck.

    Mary Saunders

  11. #11
    Chris Towns's Avatar
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    Mary thanks for the good info.I believe I am in correct that you are moving to Alabama soon.If so we look forward to having you in our great state.If not the best to you wherever you go.
    Thanks

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    Lyn...

    Hello. What has been your experience with the APIA? I am moving from Wyoming to Alabama. I have contacted the association via letter sent US Postal Service, e-mail, by phone, and I down loaded the application, completed the application and sent in my check. NO RESPONCE. I have not heard from anyone. I am beginnning to wonder if the association still exists?

    I am anxious to be part of a group of Professional Investigators in Alabama because I understand there are alot of people calling themselves PIs but have little to no experience or training. I was very excited to hear about the APIA. However, now I wonder what is really going on?

    Let me know what your past experience has been with this organization.

    Thank You

    Mary Saunders

  13. #13
    Chris Towns's Avatar
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    Mary,any interesting Alabama Process Server information please communicate and I will do the same.Good luck !!

  14. #14
    Wyman Radford - is offline Licensed Private Investigator

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    Hello

    Ms. Lyn Thiebe,

    Ms. Thiebe,

    I appreciate the information on process service in Alabama. I too reside here and I just received my membership with AIPA. I am looking forward to our next meeting so I can meet some of the other PI's.

    I have been in business here for two years and it is slow, I am in a rural part of the state. Have a nice day.

    Wyman Radford

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    Re: Process Server Laws: Alabama

    I am trying to become a PI in Alabama. Where do I need to start? Who do I need to call? I have heard various things. Some say there is no requirement others tell me to register with the county. Does anyone know for sure? Can anyone help?
    Send your replies to: anorwood11@yahoo.com

  16. #16
    Shaun Nichols's Avatar
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    Re: Process Server Laws: Alabama

    I know this is an older post but Austin it is probably not a good idea to post your personal email in the forums. This is only to protect you. Also for information on the requirements for the state of Alabama go here:

    http://www.ipiu.org/forums/showthread.php?t=12976

  17. #17
    Chris Newmark is offline Licensed Private Investigator
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    Re: Process Server Laws: Alabama

    Here is the information for the new website on APIA.
    https://apianow.org/
    Hope this helps.
    Chris NewMark

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