Procedures of Unlawful Detainers
Post a 7 Day (business days) Notice for past due rent or a 14 Day Notice for any other reasons.
If the tenant does not comply within the time of the Notice the property owner posted, then the property owner will bring a copy of the Notice to the Clerk’s Office and complete and Unlawful Detainer. The cost to file an Unlawful Detainer is $282.00 if there is one plaintiff. The cost is $50.00 for each additional plaintiff. The costs for additional defendants are $10.00 each.
The Clerk’s Office will send the Unlawful Detainer to the Sheriff’s Office for service after the filing fee is paid and it is entered into the computer system.
The Deputy Sheriff will post the Unlawful Detainer if there is not a claim for past due rent. If past due rent is claimed on the Unlawful Detainer the Deputy must personally serve the Defendant.
When the Sheriff’s Office returns the Unlawful Detainer to the Clerk’s Office a Notice will be sent to the Plaintiff advising them if the Unlawful Detainer was served or not.
If the Unlawful Detainer was not served, the Plaintiff must provide the Clerk’s Office a new address (in writing), the Defendant’s place of employment, or the hours the Defendant is normally home.
The Defendant will have 7 days to answer if it is for property only or 14 days if answering for money.
If the Defendant answers it will be set for trial.
The Plaintiff will receive via standard mail, a Notice of the court date and copy of Defendant’s Answer.
If the Defendant fails to answer within the time frame the Plaintiff will be required to file for an Application of Default. The cost for an Application for Default is $50.00
If the Plaintiff receives a Judgement by Default or from the Trial, they will be required to wait 7 full days from the date of the Judge’ Order to request a Writ of Possession. This is to allow for an Appeal from the Defendant.
The Plaintiff may call on the 8th day from the date of Judgement and obtain a Writ of Possession unless the Defendant has appealed the Judgement. Plaintiffs may contact a division specialist at 256.216.3858 to obtain a Writ of Possession.
Upon signature of the Judge, the Clerk’s Office will forward the Writ of Possession and the Plaintiff’s contact number to the Sheriff’s Office. Should you have any questions concerning a case of this type or need filing information, please contact the division specialist at 256.216.3858.
Law requires that you obtain an attorney if you are an LLC, DBA, or Incorporated entity.
Forms & Resources
- Statement of Claim Eviction, Unlawful Detainer C-59
- Affidavit of Property Owner UD
- Plaintiff’s Affidavit of Ownership
- Answer to Landlords Claim PS-01
- Affidavit of Tenant
- Process of Garnishment C-21
- Application, Affidavit, for Entry of Default Judgment (C-25B)
- Eviction Notice- 7 Days for Past Due Rent
- Eviction Notice-14 Days
Unlawful Detainer Fees
Unlawful Detainer – $282.00
Additional Plaintiffs – $50.00 each
Additional Defendants – $10.00 each
Default Judgements – $50.00 each