CIRCUIT CIVIL DIVISION
Office located on the 8th Floor, Room 822
Telephone: 256-532-3381

 

Jurisdiction
Code of Alabama 12-11-30

 

To download a Motion Cover Sheet - CLICK HERE

To download C-Series forms - CLICK HERE - Then click on Civil

To download a Summons form - CLICK HERE

To dowload the Affidavit Required by the Servicemembers Civil Relief Act form - CLICK HERE

To download Process of Garnishment - Form C-21 - CLICK HERE

To download Garnishee Answer - Form C-22 - CLICK HERE

 

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.

 

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. Please CLICK HERE to download a copy of this new law pertaining to abandoned vehicles.

 

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