Confused in Alabama...
So we sent our tenant the 7-Day Notice to Quit.
After the 7 days we sent Complaint/Statement of Claim to the court.
We contacted the court to find out if the notice was served. The Sheriff served our tenant on Aug 16.
Does that mean he has to respond by Aug 28?
If the tenant responds, do we automatically receive a court date?
If the tenant does not respond, can we submit form C-25B after the 7 days the tenant had to respond?
@Jane Smith , you must FIRST send your tenant a Seven Day Notice of Default and Opportunity to Cure. That is seven business days. If you did not do that first, then the court is without jurisdiction to hear your eviction case. It will either be thrown out by the court, or, if they don't discover it and give your writ of possession, your tenant can later have it set aside. Then your tenant can sue you and recover lots of money in damages. Did you give the correct notice?
Yes, we did. We gave him the 7 business days to respond.
Then we filed with the court and the sheriff delivered that paperwork in August 16.
Now we are not for sure, if it is still 7 business or calendar days the tenant has to reply.
And if he does not reply, what is our next steps?
@Jane Smith , it is seven calendar days before you can file for a default judgment. The day of service is counted as Day 0. You must wait all the way until the end of Day 7, and then on Day 8 you can file for a default judgment. If Day 7 is a weekend or holiday or day the courts are not open, then defendants have all the way until the end of the next day that the courts are open to file their answer.
Alabama Rules of Civil Procedure, Rule 6, says:
(a) Computation. In computing any period of time prescribed or allowed by these rules, by order of court, or by any applicable statute, the day of the act, event, or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday, or a legal holiday, in which event the period runs until the end of the next day which is not a Saturday, a Sunday, or a legal holiday, or, when the act to be done is the filing of a paper in court, a day on which weather or other conditions have made the office of the clerk of the court inaccessible, in which event the period runs until the end of the next day that is not one of the aforementioned days. When the period of time prescribed or allowed is less than eleven (11) days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation. As used in this rule and in Rule 77(c) “legal holiday” includes New Year’s Day, Birthday of Martin Luther King, Jr., Presidents’ Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, Christmas Day, and any other day appointed as a holiday by the President or the Congress of the United States, or as prescribed in § 1-3-8, Code of Alabama 1975.
But, Rule 6(dc) has an exception to the "less than 11 days" rule, for evictions, that says:
(dc) District court rule. Rule 6 applies in the district courts with the following exception. The portion of Rule 6(a) regarding the computation of time when the period prescribed or allowed is less than eleven (11) days does not apply to any time periods prescribed or allowed by statute or these rules in unlawful-detainer or eviction actions.
I apologize for all these questions, but I am trying to make sure, I understand all this legal lingo correctly.
So, he did not respond within the 7 calendar days.
Do I now file a C-25B?
P.S. I just checked out your website. Would your eviction kit make sense for somebody that is trying to do this from1,100 miles away?
@Jane Smith , Yes, Alabama Unified Judicial System Form C-25B, "Application, Affidavit, for Entry of Default Judgment For Unlawful Detainer" is the correct form. Yes, the evictions video and forms will help you.