(a) Service of process shall be in accordance with Section circuit court to divide or sell for division” class=”unlinked-ref” datatype=”S” sessionyear=”2022″ statecd=”AL” title=”35″>35-6-20 and Section defendant; guardian ad litem; judgment not affected by death of defendant; section cumulative” class=”unlinked-ref” datatype=”S” sessionyear=”2022″ statecd=”AL” title=”35″>35-6-25.

Terms Used In Alabama Code 35-6A-4

  • circuit: means judicial circuit. See Alabama Code 1-1-1
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • property: includes both real and personal property. See Alabama Code 1-1-1
  • Service of process: The service of writs or summonses to the appropriate party.
  • state: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Alabama Code 1-1-1
(b) When service of process is obtained by publication and the court determines that the property may be heirs property, the plaintiff, not later than 10 days after the court’s determination, shall post a conspicuous and durable sign of at least 11 x 17 inches in size on the property that is the subject of the action. The sign shall state that the action has commenced and identify the name and address of the court and the common designation by which the property is known. The court may require the plaintiff to publish on the sign the name of the plaintiff and the known defendants.
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