Alabama § 45-23-234 - Service of Process Fee; Disposition of Funds.

§ 45-23-234. Service of Process Fee; Disposition of Funds.

(a)(1) In addition to all other charges, fees, judgments, and costs of court, in the civil division and in the criminal division of the district court and the circuit court of Dale County, 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 of Dale County for matters pending or to be commenced in a court in Dale County, Alabama.

(2) A service of process fee of fifty dollars ($50) shall be collected for service or attempted service of process on each document requiring personal service of process by the Sheriff of Dale County for matters pending or to be commenced in a court outside of Dale County, Alabama.

(b) The Dale County Sheriff’s Service of Process Fee Fund is hereby created to supplement the budget of the Dale County Sheriff’s Office. The fund shall be used for law enforcement vehicles, communication equipment, and other technology for the office.

(c)(1) The clerk of the court or his or her designee in Dale County by law for the respective divisions of courts and courts shall collect the service of process fee provided in subsection (a) and distribute the fee to the Dale County Sheriff’s Service of Process Fee Fund to be held and administered by the Dale County Commission.

(2) Notwithstanding the foregoing, the fee may not be imposed and collected if the court finds 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 Dale County Sheriff’s Service of Process Fee Fund shall be an additional fund separate from the budget of the sheriff as provided for in the county general fund. The fees deposited into the Dale County Sheriff’s Service of Process Fee Fund shall not diminish, offset, or take the place of budgeted funds or any other source of income established for the sheriff or for the operation of the office of the sheriff, except that the county general fund shall be relieved from vehicle and equipment purchases as funds become available pursuant to this section.

(e) Dale County and its district attorney, law enforcement officials, and its grand juries shall be exempt from payment of the fees provided for in this section.