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Evictions 256-574-9322 |
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Jury Duty | Absentee Voting | Protection from Abuse | Passports Small Claims | Traffic Tickets | Abandoned Vehicles | Evictions This instruction is provided merely for the purpose of instructing as to the procedures of this office and in no way should be construed as advice as to the laws governing evictions. The Clerk cannot give you legal advice. If you need assistance, you should see an attorney.
Prior to filing an eviction in the Clerk's office, the landlord must have given the tenant two written ten-day notices. Examples of these forms are included below. Failure to give sufficient notices may result in losing the case, if it should go to trial. You should keep a copy of each notice you give to the tenant, for evidence should your case go to trial. Eviction proceedings are initiated by completing an affidavit form available in the Circuit Clerk's office or online at the Administrative Office of Courts. The properly completed form is then sworn to before the Clerk. After you have sworn to the affidavit before the Clerk and paid the filing fee, the case is assigned a number, entered in the computer and sent to the Sheriff for service on the tenant(s). PLEASE NOTE: If the rental property is a mobile home, the landlord must specify whether the mobile home is to be removed from the property, or if the tenant is to be removed from the mobile home. Additional arrangements must be made with the Sheriff's office to remove a mobile home from the property. The tenant will have 7 days after being served to vacate the premises, or to file a contest to the eviction, in the form of a counter-affidavit. If a counter-affidavit is filed, a court date will be set as soon as possible, and both parties will be notified by mail. If the tenant has not moved or filed a counter affidavit after 7 days, the Sheriff will return to the premises and evict them. NOTE: IF THE TENANT VACATES YOUR PREMISES VOLUNTARILY AFTER YOU HAVE INITIATED EVICTION PROCEEDINGS, PLEASE NOTIFY THE CLERK IN WRITING IMMEDIATELY. Online Forms: Notice
to Vacate, Email: kferrell@hijackson.net. Mailing Address: P.O. Box 397, Scottsboro, AL 35768 Phone: 256-574-9320, Fax: 256-259-9981 Additional information, forms, and support is also available at the Administrative Office of Courts and the Official State Website |
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