ALABAMA SMALL CLAIMS RULES

Rule D.

Summons.

Upon the filing of the complaint and a copy with any attachments for each defendant the clerk shall issue a summons to each defendant. The form of summons appearing in the appendix to these rules shall be sufficient. Unless the plaintiff requests service by certified mail pursuant to Rule 4.1(c) of the Rules of Civil Procedure or obtains an order from the court allowing some other person to make service upon a defendant, the summons and a copy of the complaint shall be served upon a resident or in-state defendant by the sheriff, at his election, by either of the following methods:

(a) Personal service; or

(b) By placing the summons and a copy of the complaint in an envelope addressed to the person to be served with the return address of the sheriff shown on the envelope, and placing the sealed envelope in the United States mail as certified mail with instructions thereon and instructions to the delivering postal employee to show to whom delivered, date of delivery and address where delivered on the return receipt. When the defendant to be served is a natural person, the sheriff shall also request restricted delivery, unless otherwise ordered by the court.

Where the sheriff elects to personally serve a defendant, he shall locate the person to be served and shall deliver the summons and a copy of the complaint and any accompanying documents to the person to be served. When the summons and a copy of the complaint have been delivered, the sheriff serving process shall endorse that fact on a copy of the summons and return it to the clerk who shall make the appropriate entry on the docket sheet of the action. The return of the sheriff serving process in the manner described herein shall be prima facie evidence of such fact.

When the sheriff serving process is unable to personally serve the summons and a copy of the complaint within 30 days, he shall endorse that fact and the reason therefor on the process and return the summons and copy of the complaint to the clerk who shall make the appropriate entry on the docket sheet of the action. In the event of failure of personal service, the clerk shall forthwith notify, by mail, the attorney of record or if there is no attorney of record, the party at whose instance process was issued. He shall enter the fact of notification on the docket sheet of the action.

Where the sheriff elects to serve the summons and a copy of the complaint by certified mail, the sheriff shall endorse that fact on a copy of the summons and return it to the clerk who shall make an appropriate entry on the docket sheet of the action. Additionally, the sheriff shall immediately forward the return receipt when received by him to the clerk who shall enter the date of delivery to a defendant shown on the return receipt on the docket sheet of the action, and the time for answering by a defendant shall run from the date of delivery as evidenced by the return receipt.

Where service is by certified mail and the return receipt indicates that delivery was refused by the addressee, the summons and a copy of the complaint and any documents shall be served by the sheriff as provided in (a) of this rule.

Where service is by certified mail and the return receipt indicates failure of delivery to the addressee for reasons other than refusal, the sheriff shall return the summons and a copy of the complaint to the clerk who shall forthwith notify, by mail, the attorney of record or if there is no attorney of record, the party at whose instance process was issued. The clerk shall then enter the fact of notification on the docket sheet of the action.

In all cases wherein service upon a defendant is by the constable, such service shall be as provided in (a) above.

In all cases wherein the plaintiff files a written request with the clerk for service by certified mail, service of process shall be made by the clerk, who shall follow the procedure as provided in Rule 4.1(c) of the Rules of Civil Procedure for service by certified mail.

All service of process outside this state shall be made as provided in Rule 4.2(b) of the Rules of Civil Procedure.

The procedures for publication in Rule 4.3 of the Rules of Civil Procedure shall be followed when service by publication is available.

[Amended 11-6-79, eff. 1-1-80; Amended 1-7-80, eff. 1-2-80. ]