(a) In addition to all other costs, fees, and charges required by law to be paid and collected in civil cases filed or pending in the Circuit Court or the District Court of Morgan County, there shall be collected by the clerk of the circuit or district court and remitted as provided in this section, the following:

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Terms Used In Alabama Code 45-52-235.01

  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • circuit: means judicial circuit. See Alabama Code 1-1-1
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • following: means next after. See Alabama Code 1-1-1
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • month: means a calendar month. See Alabama Code 1-1-1
  • person: includes a corporation as well as a natural person. See Alabama Code 1-1-1
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • preceding: means next before. See Alabama Code 1-1-1
  • Subpoena: A command to a witness to appear and give testimony.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
(1) An additional fee of fifteen dollars ($15) at the time of the issuance of a summons or alias summons in a civil action where personal service of the summons or alias summons is required or requested by the plaintiff.
(2) An additional fee of fifteen dollars ($15) for each defendant service fee, witness subpoena, attachment, garnishment, or execution which is required to be paid and collected pursuant to Sections 12-19-73, 12-19-74, and 12-19-75.
(3) An additional fee of fifteen dollars ($15) for each writ, order, notice, or other legal process other than those described in subdivisions (1) and (2) for each person, firm, corporation, or other legal entity on which the writ, order, notice, or other legal process is required or requested to be personally served by the Sheriff of Morgan County. In the event the request or direction for personal service is made by the court or other lawful authority on its motion, the clerk of the courts shall charge the fee as court costs and the fee shall be collected at the conclusion of the case as other court costs are collected from the party who is ordered by the court to be responsible for the payment of the court costs.
(b) In addition to all other fees, charges, or costs levied or authorized to be collected by law, the Sheriff of Morgan County is authorized to charge and collect up to thirty dollars ($30) for each summons, subpoena, writ, or other civil process arising out of a civil or criminal action pending outside Alabama where the sheriff is requested to personally serve the summons, subpoena, writ, or other civil process. All fees collected by the sheriff under the authority provided by this subsection shall be deposited in the law enforcement fund referred to in subsection (c).
(c) The fees collected by the clerk pursuant to subsection (a) shall be segregated and distributed on a monthly basis to the Sheriff of Morgan County who shall cause the same to be deposited to a law enforcement fund to be established in a bank in Morgan County and to be utilized exclusively for law enforcement purposes and to discharge the duties of the office of sheriff in such a manner as the sheriff in his or her discretion shall determine is in the public interest. On a monthly basis, the sheriff shall distribute to the Morgan County Commission for deposit to the Morgan County General Fund an amount equal to 20 percent of the funds distributed to the sheriff by the clerk pursuant to this section and 10 percent of the fees collected by the sheriff during the preceding month as authorized by subsection (b).
(d) The establishment of the law enforcement fund and use of the proceeds arising under this section shall not diminish or take the place of any other source of income established for the sheriff or for the operation of the office of sheriff.
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