Overview
Process Server in Alabama: How Service of Process Works
Alabama offers two main routes: service by certified mail sent by the court clerk, and delivery by a process server. A process server can be the sheriff or constable, or a private person who is at least 19, which is Alabama's age of majority, isn't a party, and isn't related to the plaintiff within the third degree by blood or marriage. Papers can be left at the defendant's home with a person of suitable age and discretion. If a defendant isn't served within 120 days of filing, the court can dismiss the case after 14 days' notice.
Who serves process
Who Can Serve Legal Documents in Alabama
Under Alabama Rule of Civil Procedure 4(i)(1), process can be delivered by the sheriff or constable, or by a private person who is at least 19, not a party, and not related within the third degree by blood or marriage to the party seeking service. Alabama doesn't license private process servers statewide.
Alternatively, the plaintiff can ask the clerk to serve by certified mail under Rule 4(i)(2). Process other than a summons, apart from subpoenas, must be served by a sheriff, constable or specially appointed person under Rule 4.1.
Typical documents include summonses and complaints, district court papers, eviction (unlawful detainer) papers, divorce papers and subpoenas.
Proof you receive: a sworn affidavit of service
A process server makes a return stating the date, place and manner of service; for certified mail, the signed return receipt is the proof.
Personal and abode service statewide
Service in all 67 counties by qualified servers who meet Rule 4(i)(1)'s age and relationship requirements.
When certified mail fails
If the clerk's certified mail comes back unclaimed, we arrange personal service quickly.
Birmingham, Huntsville, Mobile and statewide
Fast service in Jefferson, Madison, Mobile, Montgomery and every Alabama county.
The rules
Alabama Service of Process Rules
The Alabama rules that matter most for service:
| Rule | What it covers |
|---|---|
| Ala. R. Civ. P. 4(b) | Dismissal if not served within 120 days, after 14 days' notice |
| Ala. R. Civ. P. 4(c)(1) | Personal, abode and agent service on individuals |
| Ala. R. Civ. P. 4(e) | Refused service: ordinary mail by the clerk |
| Ala. R. Civ. P. 4(i)(1) | Delivery by sheriff, constable or qualified private server |
| Ala. R. Civ. P. 4(i)(2) | Service by certified mail |
| Ala. R. Civ. P. 4.1 | Service of other process |
Treaties
Alabama and the Hague Conventions: Treaty Status
The Hague Service Convention lets member countries send documents to each other's Central Authorities for service. Alabama has not joined it, so that route isn't available, and the Convention's Article 10 rules on postal and private service don't apply. Whether those methods are acceptable depends on Alabama's law and on what your court allows.
Alabama is not a party to the Hague Evidence Convention, so requests for witness testimony or documents go through letters rogatory.
