Alabama Civil Court Records

Courts of Limited and General Jurisdiction make up Alabama's trial court system, while Courts of Appellate Jurisdiction handle appeals.

Three civil courts in Alabama deal with enforcing court orders. Small Claims court is where you will go if the amount of the judgment is less than $3,000. If the amount of the decision is less than $10,000, you'll go to District Court. You will go to Circuit Court if the amount exceeds $10,000.

All civil matters are heard in trial courts depending on the case's nature and jurisdiction. Civil lawsuits with unsatisfactory outcomes are sent to the appropriate Appeals Court and, if required, the Supreme Court for a final, definitive ruling.

The Alabama Supreme Court, the highest court in the state, has the power to review decisions made by any of Alabama's lower courts. It can review cases where more than $50,000 is at stake.

If you want to appeal, the Alabama Court of Civil Appeals handles civil cases, such as adoption, divorce, child custody, and other family-related issues. It can also hear civil appeals in which the amount in dispute is less than $50,000.

In Alabama, under the state Open Records Act, people have the right to look at and get copies of any civil court records. The only exceptions are juvenile court records and court records filed under seal.

You can look at online Alabama civil court records through the Alabama Judicial System portals and courts. Another option is to visit the courthouse where the cases occurred and get the documents directly from the Clerk's Office.

Filing for bankruptcy in Alabama is, in most ways, the same as filing in another state. Federal law, not Alabama state law, controls the bankruptcy process. It works by breaking the contracts between you and your creditors.

In Alabama, there are two significant types of bankruptcy, and these are:

Chapter 7 Bankruptcy

In most circumstances, Chapter 7 bankruptcy is the most popular option for debtors. It's fast; you can finish it in a few months (4 months or 120 days). Also, it's inexpensive since you owe no money to your creditors. This structure is ideal for those whose assets are limited to the barest necessities.

In addition, you can reinstate mortgage and auto payments in Chapter 7 bankruptcy, unlike in Chapter 13. If you are late in filing your taxes, you risk losing your property and vehicle.

Filing for Chapter 7 Bankruptcy in Alabama

When the debtor's monthly income is larger than the state median, the Bankruptcy Code requires a "means test" to assess if Chapter 7 is presumptively abusive.

Apart from submitting a Certificate of Credit Counseling and debt repayment plan, individual debtors must also pass a financial management course before being qualified for a discharge.

Chapter 13 Bankruptcy

You can use Chapter 13 to keep your house from foreclosure, compensate for missed auto or mortgage payments, pay back taxes, keep valuable non-exempt property, halt the accrual of interest to your tax debt, and more.

The major disadvantage of Chapter 13 bankruptcy is that the monthly cost is too much for many individuals.

Filing for Chapter 13 Bankruptcy in Alabama

Same with Chapter 7, the debtor must provide both a Certificate of Credit Counseling and a copy of the debt repayment plan created via credit counseling.

The trustee evaluates the case and operates as a disbursing agent, collecting payments from the debtor and distributing funds to creditors, who may get less than full payment on their claims.

After the settlement of Chapter 13 plan payments, the debtor has a right to a discharge, which frees them from all obligations covered or not covered by the plan, with a few exceptions under Section 502.

The law about getting out of bankruptcy under Chapter 13 in Alabama is complicated and has changed significantly. So, before filing Chapter 13, the debtor should talk to a lawyer.

A property lien is a creditor's right to a debtor's property until the repayment of the debt. Property liens get in the way of the right to own a piece of property. So, the owner can't fully claim the title deed until the removal of the lien.

Before recording a lien in Alabama, a creditor must notify the property owner in writing. However, this is not applicable if the owner voluntarily accepts the lien.

But notice isn't always required by law. Thus, property owners and other interested parties can examine property or land records to determine whether a lien exists on an Alabama property.

To look for free lien records online, visit the Alabama civil probate office's website. Some of the probate offices in Baldwin, Jefferson, Mobile, and Montgomery counties provide this service. Alternatively, you can use the Uniform Commercial Code (UCC) Records Search tool for the civil records.

Aside from property lien, when you search for the lien record in Alabama, you will encounter any of its types below:

Tax Lien

The government will put a tax lien on the property if you don't pay your taxes on time. A tax lien in Alabama aims to compel a property owner to pay their taxes.

Judgment Lien

A judgment lien in Alabama is a debtor's court-ordered property entitlement. Creditors sue debtors in court for small claims or civil disputes. If the plaintiff wins, the judge seizes the defendant's property.

Mechanic's Lien

An Alabama mechanic's lien is an agreement to pay builders, contractors, and construction companies that build or fix buildings. It also covers repairs to structures and payments to suppliers of materials and subcontractors. The lien guarantees that the workers get paid first if the business goes bankrupt.

Mortgage Lien

A mortgage lien in Alabama is a lien placed by a property owner to secure a loan or line of credit. Credit agencies, like banks, use mortgage liens as security for loans. Most of the time, the value of the property chosen for a mortgage lien is equal to the amount borrowed.

Alabama UCC Lien

Alabama is one of the US states that must abide by the Uniform Commercial Code (UCC) while doing business with other US states. A UCC lien allows a lender to prioritize a lien in case the borrower doesn't pay back the loan or goes bankrupt.

How long does a lien remain on your Alabama property? A lien put on a debtor's property in Alabama will stay there until the settlement of debt or loan.

But when the lien is forced or required by law, state law sets certain times during which the lien is legally enforceable. For example, judgments and tax liens in Alabama are valid for ten years. Liens from UCC are good for five years, while mechanics' liens can last six months.

If you wonder how to remove a lien in Alabama, paying what is due, including the penalties, or negotiating a partial payment with the creditor is the quickest method.

Alternatively, the debtor can request the court to have the lien removed. But the court will only agree to the lienee's request if the lien is against the law. For example, if the lien was set up by lying, forcing, or acting in bad faith.

Lastly, involuntary or statutory liens allow the debtor to wait out the statute of limitations. However, this method isn't dependable since state law permits lienholders to prolong their liens.

Civil traffic violations in Alabama are offenses that typically don't show in Alabama criminal records. Most of the time, these violations appear in Alabama traffic records. Some common violations are running a red light, speeding, and not wearing a seat belt.

The consequences of being caught breaching traffic regulations in Alabama vary depending on the severity of the violation. For minor offenses, offenders will obtain a ticket and pay a fee. Severe violations can lead to jail time, license points, higher insurance rates, and a defensive driving course.

People can use the Alabama Law Enforcement Agency's (ALEA) online driver history record search to look up Alabama traffic records. To use this website, requesting parties must sign up. But be aware that ALEA's portal does not offer personal driving records.

In Alabama, many different laws govern court-issued civil judgments. Here are some of the state's judicial rules and regulations:

Alabama Code Civil Procedure 66-391

A judgment creditor must submit an affidavit to the court clerk to acquire a garnishment writ. The affidavit must specify the judgment debtor's obligation to the creditor, why garnishment is required, and who the garnishee will be.

Alabama Code Civil Procedure 66-393

The officer submitting the affidavit must deliver the garnishment process and a copy for each garnishee, who must appear within 30 days and provide an oath-based response.

Alabama Code Civil Procedure 64A

When a garnishment is on a judgment in which the defendant has not entered an appearance, the officer must simultaneously notify the defendant and the garnishee. The notification must include the parties, court, and case number. The statement must also provide exemption rights, except in child or spousal support procedures.

Alabama Code Civil Procedure 66-450

Upon submitting the garnishee's response, the clerk or register notifies the plaintiff and defendant. The garnishee may be interrogated orally in court if requested by the plaintiff. The filing for oral examination must be within 30 days after the response filing notice.

Alabama Code Civil Procedure 66-452

If the garnishee confesses possessing the defendant's money, he must pay enough to fulfill the plaintiff's claim and expenses into court to await the court's order.

Alabama Code Civil Procedure 66-462

When the garnishee's response is not disputed or found for him, he is entitled to $3 per day and 5 cents each mile to and from the court. When the garnishee's presence is unnecessary, $3 will be taxed and collected as other charges.

Alabama Code Civil Procedure 8810

Judgments' interest for the payment of money, other than costs, based on a contract action accrue interest from the cause of action at the same rate as the contract. All other decisions accrue 12% annually.

Fees granted to a trustee, administrator, executor, or attorney and taxed as part of the proceeding cost carry interest from the day of entry.

In Alabama, judgments are only valid for ten years and renewable for 20 years only. Alabama rulings lose their value after 20 years.

In Alabama, a county's District Court has a section called "Small Claims Court". It is where people and businesses can settle legal disputes worth $6,000 or less.

Small Claims Court is easy, relaxed, and cheap. You can go to Small Claims Court on your own. So, you don't need to hire an attorney.

Here is how you can file small claims in Alabama:

• Make a Statement of Claim, which is also called a Complaint. You can get one from the office of any District Court Clerk.
• Then, prepare and attach a summons form.
• Ensure you have the correct name and address of the person or business you are suing.
• In the Statement of Claim, specify how much money you believe the defendant owes you and why.

Make contact with the civil court that will hear your case. Each court may require additional forms particular to that county.

To file a lawsuit, you must pay a court fee. You will either have to pay a filing fee or fill out paperwork to show that you can't afford to pay.

Request an Affidavit of Substantial Hardship form from the clerk if you cannot pay the filing fee. The clerk will deliver it to the judge, who can defer payment until your case is over.

The judge will tell the other person to pay you a certain amount if you win the case. A few days after the hearing, the court clerk will usually type up and mail the judge's decision, called a "money judgment".

How to file an Alabama divorce depends on how much you and your spouse agree, whether you have children, and why you want a divorce.

You must petition your divorce papers in the appropriate circuit court in Alabama.

If both spouses reside in Alabama, the spouse who wants a divorce must file in the county where the other spouse lives or where the marriage broke up.

If the other person doesn't live in Alabama, the divorce filing must be in the county where the person who wants the divorce lives.

Filing a Divorce in Alabama

Here are the basic steps in filing for a divorce in Alabama:

• First, you must fulfill the state's residence requirements.
• Then, you must have " grounds" for divorce.
• After that, file for divorce and send your spouse copies.

If your husband or wife disagrees with the divorce papers, he/she can submit his own. It is termed "contesting the divorce" and requires many court appearances.

If your husband or wife doesn't object, he/she should sign and return the paperwork to you and the court. It's called an "uncontested divorce".

If your spouse doesn't sign the paperwork or file his/her own, you can proceed with an uncontested divorce.

If you need to divide property or get money from your spouse, you must agree outside of court or go through court hearings.

The Alabama State Bar provides information on the legal issues of divorce, including property settlement.

The forms for filing and responding to a divorce complaint are available on the Alabama Courts website.

Alabama Probate Courts are trial courts without juries that have complete control over probate cases and the management of estates. In Alabama, there are 68 Probate Courts with judges.

They hear cases about wills, conservatorships, estates, splitting up land, guardianships, and changing names. Probate courts ensure that the assets and debts of people who have died are divided relatively and decide if their wills are legal.

In general, this is how Alabama probate works:

• Contact the court
• Get appointed as a personal representative
• Submit will if there is one
• List and value all relevant assets
• Get approval from the court and beneficiaries
• Finally, give the wealth to the beneficiaries.

The first petition asks the court to choose a person to act as the person's representative. Letters of Administration are the papers that name the personal representative if the decedent did not leave a will.

If there is a will, the lawyer files a Petition for Grant of Letters Testamentary with the Alabama civil probate court. If there is no will, the lawyer files a Petition for Grant of Letters of Administration instead.

In filing a formal probate in the state, expect that you'll need to accomplish several forms, and you can learn more about these papers here.

You can find most Alabama Civil Court Records by calling the appropriate courthouse that heard the case and kept the files.

Once you've found the correct court, contact the person in charge of the court's records, usually the Clerk of the Court. You must send a written request for the document you need to the Office of the Clerk of the Court. The request must include important information, like the case number and the date.

Also, note that you usually have to pay a fee before you can look up civil court cases in Alabama, which varies for each court and county.

You can also use the Alabama Court Access portal to find Alabama Trial Court Records online. It charges fees depending on what the search needs.