Jurisdiction filing
Code of Alabama § 12-11-03

The Circuit Court shall have exclusive original jurisdiction of all civil actions in which the matter in controversy exceeds twenty thousand dollars ($20,000) 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 six thousand ($6,000) 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 cases.

To download C-Series forms - CLICK HERE
To download a Summons form - CLICK HERE

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). Click here for a Notice for Certified Mail Service.

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.

Abandoned Vehicle

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 an attorney.

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, et seq.

Procedure for Recording Foreign Judgment
Under the provision of this act, the judgment creditor or his attorney must file the following:

1. authenticated copy of the judgment
2. affidavit
3. docket fee
4. civil cover sheet

Authenticated Copy
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, must include:

1. The name and last known address of the judgment debtor
2. The name and last known address of the judgment creditor
3. 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 - Download Form

If you, the plaintiff, win, how do you collect the judgment?

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. Judgments are valid for up to ten years.

The plaintiff can request a certificate of judgment and have it recorded in the county probate court. You will need to request the certificate from the clerk. You then can record it in the probate judge's office. It will then go on record and the judgment must be satisfied before the defendant can borrow money or sell property. Those who file a certificate of judgment in Probate should also file a Satisfaction of Judgment when (if) the judgment is satisfied.

If the defendant does not pay the judgment it is up to you and not the court to take one of the following actions to collect your judgment (after the appeal time has run-42 days):

• 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.
  NOTE: You cannot garnishee a retirement check, disability check, welfare, child assistance, unemployment, or a social security check.
•  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.

The court has no way of collection outside of the above-mentioned methods. All of the above actions require an additional filing fee.  The clerk has the necessary forms and they are available online at www.alacourt.gov. Sometimes the method of collection may be complicated, you may wish to have an attorney explain the procedure and assist you in filing the appropriate forms. The court clerk cannot give you legal advice.

• CLICK HERE to download Process of Garnishment - Form C-21
• CLICK HERE to download Garnishee Answer - Form C-22