Circuit Civil Cases
Office located on the 2nd Floor, Circuit Court Division Telephone: 256-574-9203
Jurisdiction Code of Alabama 12-11-30
The Circuit Court shall have exclusive original jurisdiction of all civil actions
in which the matter in controversy exceeds ten thousand dollars ($10,000) exclusive
of interest and costs, and shall exercise original jurisdiction concurrent with
the District Court in all civil actions in which the matter in controversy exceeds
three thousand ($3,000) exclusive of interests and costs.
Circuit Court also has the authority to hear cases appealed from any courts of limited
jurisdiction (i.e. Municipal Courts, Probate Courts and District Courts.) These
cases will be tried de novo- meaning the case will be tried again and may be tried
with or without a jury.
To file a Circuit Civil case, you will need the complaint and the Circuit Civil
Cover Sheet, in addition to a Summons for each defendant. You can file on behalf
of yourself, but we STRONGLY RECOMMEND that you seek the advice
and assistance of an attorney. A Circuit Civil case can be complicated and the average
citizen is at a disadvantage if you attempt to represent yourself on one of these
To download C-Series forms - CLICK HERE
To download a Summons form - CLICK
Please print or type in BLACK INK, and present the original and
a copy for each defendant to the clerk, along with the filing fee.
(Please make sure you make copies of the forms after you have completed them.
The court will need an original, a copy for each defendant and a file copy for you.)
If copies are not made when you come in to file your claim, there will be a charge
of $ .50 per page to make them for you.
If service is to be by certified mail - we will need an envelope, a certified
mail receipt and a green certified mail card (all three filled out with address
of person/business you are serving)
Filing Fees vary, depending upon the number of parties in the action, the amount
being sued for, and other factors. If the chart below does not answer any questions
on filing fees, please feel free to contact our office.
SEE FEE CHART
It is no longer required that an action be filed in the Circuit Court before applying
to the License Commissioner for a title on an abandoned vehicle. This change is
a result of Act No. 2006-414 which was passed in the 2006 Regular Session of the
Alabama Legislature. Only contests to the sale of an Abandoned Vehicle are to be
filed in the Circuit Court. These new procedures are effective July 1, 2006. It
is suggested that you wait until July 1, 2006 to file for a title on an abandoned
vehicle in order to save on any court costs that may be due. Should you have any
questions concerning these changes or this law, it is recommended that you contact
Foreign Judgment Act - Act 86-713
Uniform Enforcement of Foreign Judgment Act
Foreign Judgment Defined
The term, " Foreign Judgment " , as used in this act is defined as "
any judgment, decree, or order of a court of the United States or any other court,
which is entitled to full faith and credit in this state". The Act provides
that proceedings to enforce support obligations of other jurisdictions by the withholding
of income derived in this state must be brought in accordance with Sections 30-3-90,
Procedure for Recording Foreign Judgment
Under the provision of this act, the judgment creditor or his attorney must file
- authenticated copy of the judgment
- docket fee
- civil cover sheet
A copy of any foreign judgment must be authenticated in accordance with an Act of
Congress or the statutes of this state. By Act of Congress, the proper manner for
authentication as provided in 28 U.S.C. Section 1738, is by attestation of the clerk
with the seal of the court annexed, together with a certificate of the court that
the attestation is in proper form. However, under state law, Rule 44 (a) (1) of
the Alabama Rules of Civil Procedure, eliminates the requirement of a judge's
signature to authenticate an out-of-state civil judgment. Pursuant to Rule 44 ARCP,
a judgment of another state court or a federal court may be proved by a copy of
the judgment, attested by the legal custodian or his deputy " accompanied by
a certificate under oath of such person that he is the legal custodian of such record
and that the laws of the state require the record to be kept".
Contents of Affidavit
The affidavit, which the judgment creditor files with the Circuit Court,
- The name and last known address of the judgment debtor
- The name and last known address of the judgment creditor
- A statement that the foreign judgment is valid, enforceable and unsatisfied.
Notice to Judgment Debtor
The act does not specifically state the type of service which is to be used when
notifying the judgment debtor that the foreign judgment has been filed. It is the
opinion of the Administrative Office of Courts that service by the Clerk is to be
made by first class mail, pursuant to Rule 5 of the Alabama Rules of Civil Procedures.
The notice mailed to the judgment debtor advises him that a foreign judgment has
been filed in this state.
Notice of Filing of Foreign Judgment -
If you, the plaintiff, win, how do you collect the judgment?
If the defendant does not pay the judgment (after the appeal time has run-42 days)
it is up to you and not the court to take one of the following actions to collect
- Garnishment of Wages—File a Process of Garnishment form to garnish (withhold) wages
of the defendant to satisfy the judgment. It must meet state and federal requirements
in order to collect using this method. You will need the name and address of the
defendant’s employer. The forms are available in the clerk’s office, or you may
click on the link below. The garnishment filing fees must be paid at the time the
garnishment is filed.
- Garnishment of Bank Account--Must know of the defendant's bank and bank address
for paperwork to be filed in our office. The Process of Garnishment form is used,
and the filing fee is the same as to garnish wages.
- Execution for Levy on Property--Obtain a court order authorizing the sheriff
to pick up any property belonging to the defendant and sell it to satisfy the judgment.
The property levied cannot be under a recorded mortgage (plaintiff can check with
the probate court record room for recordings). A copy of the current tax assessment
along with a copy of the deed is required for property. (The tax assessment information
may be obtained by going to the Tax Assessment office on the 1st floor of the Jackson
County Courthouse. If executing on a vehicle, the current years tag number and/or
vehicle identification number (VIN) is required.
It is important to mention, you cannot garnishee a retirement check, disability
check, welfare, child assistance, unemployment or a social security check. All of
the above actions require an additional filing fee. (SEE FEES.) The clerk has the necessary forms and sometimes
the method of collection may become involved, you may wish to have an attorney explain
the procedure and assist you in filing the appropriate forms. Again the court clerk
cannot give you legal advice.
The court has no way of collection outside of the above-mentioned methods and judgments
that are good for up to ten years. It is important to mention, it is easier to get
a judgment than it is to collect on it. A judgment is not a guarantee of collection.
The plaintiff can request a certificate of judgment and have it recorded in the
county probate court. You will need to request the form from the clerk. You then
can record it in the probate judge's office. It will then go on record and must
be satisfied before the defendant can borrow money or sell property.
CLICK HERE to download Process of
Garnishment - Form C-21 CLICK HERE
to download Garnishee Answer - Form C-22
E-Forms Site - Alabama UJS Forms
Alabama Legal Help Website -