(a) In addition to all other charges, fees, judgments, and costs of court, in the District Court, Circuit Court, Family Court, and Juvenile Court of Cherokee County, the following fees shall be collected:

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Terms Used In Alabama Code 45-10-235.01

  • circuit: means judicial circuit. See Alabama Code 1-1-1
  • following: means next after. See Alabama Code 1-1-1
  • juries: include courts or judges in all cases when a jury trial is waived, or when the court or judge is authorized to ascertain and determine the facts as well as the law. See Alabama Code 1-1-1
  • person: includes a corporation as well as a natural person. See Alabama Code 1-1-1
  • Service of process: The service of writs or summonses to the appropriate party.
  • state: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Alabama Code 1-1-1
(1) A service of process fee of twenty-five dollars ($25) shall be collected for service or attempted service of process on each document requiring personal service of process by the sheriff or any deputy sheriff.
(2) A service of process fee of twenty-five dollars ($25) shall be collected for service or attempted service of any papers or documents by the sheriff or any deputy sheriff arising out of any civil or criminal action pending or instituted outside the State of Alabama, whether at law or equity.
(b) The clerk of the court or designee in Cherokee County by law for the respective courts shall collect the service of process fee designated in subsection (b) and distribute the fee to the Sheriff’s Law Enforcement Fund established in Section 45-10-232, Code of Alabama 1975.
(c) Notwithstanding the foregoing, the fees designated in subsection (b) may not be imposed or collected if the court finds that payment of the fee will create a substantial hardship. A verified statement signed by the person requesting service and approved by the court attesting the substantial hardship shall be filed with the clerk of the court.
(d) The district attorney, law enforcement, and grand juries shall be exempt from payment of the fees provided for in this section.
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