+

District Civil

Calhoun County District Court
Unlawful Detainer/Eviction Procedures

Each case varies depending on the situation. The following are merely procedural guidelines to attempt to aid you:

  1. Give a 7 business day notice to the tenant (for a yearly lease) OR 30 day notice to the tenant (for month to month, expired, or no lease). The notice can be served personally, delivered to person residing on the premises, or posted on the premises and a copy mailed to the premises. You will need to prepare this notice on your own. Please refer to Sections 35-9A-421 and 461 of the Alabama Code for more specificity.
  2. If defendant has not moved after being served with the notice, you may file an Unlawful Detainer Statement of Claim with the Clerk's office along with required fee and a copy of the notice and lease agreement.
  3. Once served, the defendant/tenant has 7 calendar days to file an answer with the court.
  4. If an answer is received, it will be submitted to the Judge for review and may be set for trial based on the defendant's answer.
  5. If an answer is not received after 7 days of being served, the plaintiff/landlord can file an application for default judgment (with fee).
  6. The defendant must be served personally (not posted or mailed) on the statement of claim to apply for a money judgment on the application for default judgment. You may file for a property judgment first and a money judgment later.
  7. After a judgment is entered, the defendant/tenant should refer to the Judge's Order to determine the appeal time.
  8. If no appeal has been filed with the court and the defendant/tenant has not vacated the premises, the plaintiff/landlord can file a writ of execution (with fee) once the appeal time is up according to the Judge's Order.
  9. 14 days after a money judgment is obtained, a process of garnishment (with fee) may be filed to collect on the money. You must have current address on the defendant and current garnishee information/

These instructions are being provided merely for the purpose of guidance as to procedures of this office and in no way should be construed as advice as to the laws governing unlawful detainers/evictions. The Clerk's office cannot give you legal advice. If you need assistance, you should contact an attorney.