How do you vacate a Judgement in Alabama?
There are only a few grounds on which a court can vacate a judgment. Rule 60 of the Alabama Rules of Civil Procedure lists them: Mistake, inadvertence, surprise, or excusable neglect. Newly discovered evidence that could not have been discovered before the judgment was entered.
How do you answer a civil summons in Alabama?
There are four steps to respond to a complaint.
- Answer each issue of the complaint.
- Assert affirmative defenses.
- File the answer with the court and serve the plaintiff with answer.
How do you serve someone in Alabama?
For example, in order to be a process server in some states, a license is required. Alabama, however, has no licensing requirement, though it does require that process servers be at least 18-years of age and be appointed by the court to serve the papers in question.
Are restraining orders public record in Alabama?
Protective orders can be damaging in a number of ways. One of the biggest issues for defendants is that the order will become part of the public record. These Alabama state court system records are available to the public and can even be accessible with a simple web search.
How long does a lien stay on your property in Alabama?
ten years
How long does a judgment lien last in Alabama? A judgment lien in Alabama will remain attached to the debtor’s property (even if the property changes hands) for ten years.
How do I get a Judgement set aside?
If you do not owe the money, you can ask the court to cancel the county court judgment ( CCJ ) or high court judgment. This is known as getting the judgment ‘set aside’. You can also do this if you did not receive, or did not respond to, the original claim from the court saying you owed the money.
Can an attorney serve process in Alabama?
A defendant or the defendant’s attorney may accept or waive service of process, provided that said acceptance or waiver is in writing and signed by the defendant and a credible witness.
Can you serve someone by mail in Alabama?
Service of the summons and complaint or other process or other documents to be served may be made by certified mail or its equivalent which shall be any form of mail requiring a signed receipt, and shall be made in the manner prescribed by Rule 4.2(b)(1).
How long does a process server have to serve papers in Alabama?
Persons tasked with the serving process must state on the process that they are unable to serve a copy within thirty (30) days and return the process and any copies they received to the clerk, who will record this information on their docket sheet.
What proof do you need for a restraining order?
Anyone seeking such an order must be prepared to present some physical evidence in addition to their own written statements and testimony in court. Evidence such as photographs, text messages, police reports or medical records. The court will not entertain a simple exchange of allegations.
How long does a restraining order last in Alabama?
one year
Terms of a Restraining Order in Alabama Unless special circumstances exist, a restraining order is good for one year from the date of issue. You may apply on behalf of yourself, your minor children, or an adult in your home that’s physical or mental disabilities prevent him or her from doing so.