(a) In addition to all existing charges, fees, judgments, and costs of court, in the civil division and in the criminal division of the district and circuit courts of Montgomery County, an additional one-time service of process fee of thirty dollars ($30) per document shall be imposed and collected for service of process on each document requiring personal service of process by the Sheriff of Montgomery County for matters pending or to be commenced in a court in Montgomery County.
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Terms Used In Alabama Code 45-51-232.03

  • circuit: means judicial circuit. See Alabama Code 1-1-1
  • juries: include courts or judges in all cases when a jury trial is waived, or when the court or judge is authorized to ascertain and determine the facts as well as the law. See Alabama Code 1-1-1
  • person: includes a corporation as well as a natural person. See Alabama Code 1-1-1
  • Public defender: Represent defendants who can't afford an attorney in criminal matters.
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Service of process: The service of writs or summonses to the appropriate party.
(b) An additional one-time service of process fee of thirty dollars ($30) per document shall be imposed and collected for service of process on each document requiring personal service of process by the Sheriff of Montgomery County for matters pending or to be commenced in a court outside of Montgomery County.
(c) The court official designated in Montgomery County by law for the respective courts shall collect the service of process fee designated in subsections (a) and (b) and shall remit the fees collected as follows: Ten percent of each fee shall be retained by the circuit clerk and deposited in the circuit clerk’s fund or similar fund to be used for the operation of the circuit clerk’s office and the remainder of the fee shall be distributed to the Montgomery County Commission to be deposited in the county general fund. Notwithstanding the foregoing, the fee shall not be imposed and collected if the court finds payment of the fee will create a substantial hardship. A verified statement signed by the person requesting service and approved by the court attesting the substantial hardship shall be filed with the clerk of the court.
(d) The district attorney, law enforcement, and grand juries shall be exempt from payment of the fees provided in this section. Service of process requests from the office of the Public Defender for Montgomery County shall also be exempt from the payment of fees under this section, with prior approval from the sheriff or his or her designee.
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