HB447INTRODUCED
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HB447
KLC3AUA-1
By Representatives McCampbell, Jackson (N & P)
RFD: Local Legislation
First Read: 11-Apr-24
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5 KLC3AUA-1 03/15/2024 FC (L)ma 2024-1125
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First Read: 11-Apr-24
A BILL
TO BE ENTITLED
AN ACT
Relating to Marengo County; to provide for service of
process in the county; to provide that the sheriff may
contract with or enter into agreement with a private, public,
or governmental entity for the purpose of service of process;
to set the fee for civil documents; and to provide for the
disposition of funds.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. This act shall apply only to Marengo County.
Section 2. The sheriff, except for warrants for arrest,
may contract with or enter into agreement with a private,
public, or governmental entity for the purpose of service of
process.
Section 3. (a) In addition to all existing charges,
fees, judgments, and costs of court, the clerk, sheriff, or
other appropriate court official in the civil division of the
district and circuit courts of the county shall assess a
service of process fee of fifty dollars ($50) for service or
attempted service of process on each document requiring
personal service of process by the sheriff for matters pending
or to be commenced in a court in the county.
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or to be commenced in a court in the county.
(b) In addition to all existing charges, fees,
judgments, and costs of court, the clerk, sheriff, or other
appropriate court official in the civil division of the
district and circuit courts of the county shall assess a
service of process fee of fifty dollars ($50) for service or
attempted service of process on each document requiring
personal service of process by the sheriff for matters pending
or to be commenced in a court in the state but outside of the
county.
(c) In addition to all existing charges, fees,
judgments, and costs of court, the clerk, sheriff, or other
appropriate court official in the civil division of the
district and circuit courts of the county shall assess a
service of process fee of seventy-five dollars ($75) for
service or attempted service of process on each document
requiring personal service of process by the sheriff for
matters pending or to be commenced in a court outside of the
state.
(d) Notwithstanding the foregoing, the fee shall not be
assessed if a judge funds that payment of the fee will create
a substantial hardship. A verified statement signed by the
individual requesting service and approved by the judge
attesting the substantial hardship shall be filed with the
clerk of the court.
Section 4. The court official designated in the county
by law for the respective courts shall collect the service of
process fee designated in this act and remit the fees
collected to the sheriff for deposit into the Sheriff's Law
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collected to the sheriff for deposit into the Sheriff's Law
Enforcement Fund.
Section 5. The sheriff may use the monies generated by
this act for law enforcement purposes and to discharge the
duties of the office of the sheriff as the sheriff sees fit.
Section 6. The Sheriff's Law Enforcement Fund and the
use of the proceeds may not diminish or take the place of any
other source of income established for the sheriff or the
operation of the jail.
Section 1. This act shall become effective on October
1, 2024.
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