The average cost of an eviction in Alabama for all filing, court, and service fees can vary heavily by county. For cases filed in District Court or Circuit Court [ttip number=’1′ icon=’popover-balance’] the average cost is $288.50.
| Fee | District/Circuit |
| Initial Court Filing | ~$256+ |
| Summons Service | ~$12.50+ |
| Writ of Possession Service | ~$20 |
| Notice of Appeal (Optional) | $260+ |
| Default Judgment (Optional) | ~$50 |
These filing, court, and service fees do not include outside costs such as legal fees or post-eviction fees (i.e., locksmith fees, storage costs for a tenant’s abandoned property, cleaning service fees, repair costs, or advertising costs for a vacant dwelling unit).
1. Initial Court Filing Fee
In Alabama, if the eviction notice expires and the tenant remains on the property without correcting the issue, the landlord may file an eviction lawsuit (“Unlawful Detainer”) with the court the following business day.
The filing fee for an initial Unlawful Detainer depends heavily on the county the dwelling unit is located, for example, the filing fee in Mobile County is $256 and in Jefferson County the filing fee is $261. Each additional tenant is $10.
Alabama District Courts and Circuit Courts have concurrent jurisdictions. Additionally, lawsuits seeking injunctive relief must be filed in the Circuit Court.
2. Summons Service Fee
In Alabama, once a Complaint is filed, the court will issue a Summons. The Summons is the tenant’s official notice of an eviction lawsuit and contains important information (i.e., when/where to appear in court). The landlord must arrange for a process server to deliver the Summons to the tenant.
The Summons service fee varies by process server and by county. For example, a sheriff in Colbert County may charge $12.50 per document, [ttip number=’2′ icon=’popover-balance’] other county sheriffs or registered private process servers may charge more.
3. Writ of Possession Service Fee
In Alabama, a sheriff or constable must serve the Writ of Possession to the tenant. The service fee varies by county, for example, in Madison County the service fee is $20.
4. Notice of Appeal Fee
If either party chooses to file an Appeal in Alabama, they may do so as long as the Notice of Appeal is filed within 7 calendar days of the judgment and the hearing must be held within 60 calendar days after filing.
The filing fee can vary by county, for example in Mobile County the fee is $260 (without a jury) or $360 (with a jury).
5. Default Judgment Fee
In Alabama, if the tenant does not answer or show up to the court hearing, a landlord can file a default judgment. The filing fee varies by county, for example, in Mobile County the filing fee is $50.
Sources
- 1 AL Code § 35-9A-461 (2022)
-
(b) District courts and circuit courts, according to their respective established jurisdictions, shall have jurisdiction over eviction actions, and venue shall lie in the county in which the leased property is located. Eviction actions shall be entitled to precedence in scheduling over all other civil cases.
- 2 AL Code § 45-17-234 (2022)
-
…(b)(1) In addition to all existing charges, fees, judgments, and costs of court, the clerk, sheriff, or other appropriate court official in the civil division of the District and Circuit Courts of Colbert County shall increase the fees by twelve dollars fifty cents ($12.50) per document personally served by the sheriff’s office, or its designee. For purposes of this section, the term “document” shall include multiple papers served on a party or entity at one time…