Form C 59 PDF Details

In the landscape of Alabama's judicial system, the Form C-59 stands as a crucial document, particularly in matters relating to eviction or unlawful detainer under sections 35-9A-101, et seq., and 6-6-310, et seq., of the ALA. CODE 1975. Crafted to initiate proceedings that could culminate in reclaiming possession of residential, commercial, or any other real property, this form encapsulates the essence of legal action against individuals or entities whose right to occupy said property has been lawfully terminated. With a structured layout that demands detailed information about the claimant(s) and the defendant(s), it further outlines the specifics of the complaint, ranging from the assertion of rightful possession to the claim for unpaid rent, late charges, including future financial dues till possession is regained, and potentially attorney’s fees and other charges. Integral to the form is the clear notice to the defendant(s), underlining the urgency and the legal obligations to respond within a seven-day window post-service or posting at the leased premises, delineating the procedural steps that follow should a response not be timely submitted. Additionally, it provides for varying methods of service – personal delivery by authorized personnel, posting on the premises, or via certified mail – ensuring that the defendant(s) are duly informed of the complaint. Through this, the C-59 form embodies the procedural gateway for property owners to legally articulate and seek redress for grievances tied to the possession of their property.

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Form NameForm C 59
Form Length2 pages
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Avg. time to fill out30 sec
Other namesobtains, how to submit an alabama form c 59 for eviction, Ala, accruing

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State of Alabama Unified Judicial System

Form C-59

Rev. 08/10

(Front)

 

STATEMENT OF CLAIM

Eviction/Unlawful Detainer

Sections 35-9A-101, et seq., and 6-6-310, et seq., ALA. CODE 1975

Case Number

IN THE ______________ COURT OF

COUNTY, ALABAMA

 

V.

PLAINTIFF(S)

DEFENDANT(S)

ADDRESS:

ADDRESS:

PLAINTIFF’S ATTORNEY (if applicable):

ADDRESS:

COMPLAINT

1.Plaintiff(s) demands the right to possession from the defendant(s) of the following described residential, commercial or other real property located at:

2.Defendant(s) no longer has the right to possession because:

3.Defendant(s) right of possession has been lawfully terminated by written notice.

4.

Plaintiff(s) also claims the sum of $

plus court costs from the Defendant(s) consisting of:

 

unpaid rent and late charges, plus attorney’s fees (if applicable) and other charges.

5.Plaintiff(s) also claims future rent and late charges, plus attorney’s fees (if applicable) and other charges accruing through the date Plaintiff(s) obtains possession of the above described property.

Clerk

Plaintiff or Attorney Signature

Address:

Phone Number: (

)

 

Attorney Code:

 

NOTICE TO DEFENDANT(S) - READ CAREFULLY

This eviction or unlawful detainer complaint must be answered by you within seven (7) days after these papers were either served or posted at the leased premises as provided by law. Your answer must be received by the Court Clerk at the above address within the above seven (7) days. A copy of the answer must be sent to the Plaintiff(s) or Plaintiff(s)’ Attorney at the above address. If you file an answer, a notice of trial will be mailed to you; otherwise, a judgment may be entered against you. If you were personally served and fail to file an answer within fourteen (14) days from the date of service, a money judgment may be entered against you.

Court Record (Original)

Plaintiff (Copy)

Defendant (Copy)

Form C-59 (Back) Rev. 08/10

STATEMENT OF CLAIM Eviction/Unlawful Detainer

SUMMONS

To any Sheriff or any person authorized by Rule 4 (i) (1) (A) or (B) of the Alabama Rules of Civil Procedure to effect Service in the State of Alabama: You are hereby commanded to serve the Summons and Complaint in this action upon the defendant named in the style of the Complaint and make proper return to this court.

Date ___________________________

______________________________

Date Received ___________________

______________________________

 

Clerk

PERSONAL SERVICE: served on the defendant(s) named __________________________________

DATE SERVED ______________

Server must complete:

SHERIFF/CONSTABLE _____________________

________________________

 

Print Name

 

________________________

PROCESS SERVER _________________________

Address

 

________________________

________________________

Phone Number

SERVICE BY DELIVERY TO PERSON SUI JURIS RESIDING ON THE PREMISES: served the defendant(s) named

_______________________________________________________________by delivering a copy of the Summons and

Complaint on a person who is sui juris residing on the premises described in the Complaint. DATE SERVED ______________

_________________________ served for _________________________________ is sui juris and is a resident of the

(Person Served)

(Defendant(s))

premises described in the Complaint.

 

 

Server must complete:

SHERIFF/CONSTABLE _____________________

________________________

 

Print Name

 

________________________

PROCESS SERVER _________________________

Address

 

________________________

 

________________________

 

Phone Number

POSTING OF SUMMONS AND COMPLAINT: served on the defendant(s) named _______________

_____________________________________________ by posting a copy of the Summons and Complaint on the door of the

premises described in the Complaint, and A COPY OF THE SUMMONS AND COMPLAINT WAS MAILED BY FIRST CLASS MAIL ON THE FOLLOWING DATE ___________________ that is not later than the close of the next business day following

the aforesaid posting. This complaint was posted after first having attempted to personally serve the defendant and having tried to serve someone else residing on the premises who is Sui Juris.

DATE SERVED ______________

Server must complete:

SHERIFF/CONSTABLE _____________________

________________________

 

Print Name

 

________________________

PROCESS SERVER _________________________

Address

 

________________________

 

________________________

 

Phone Number

SERVICE BY CERTIFIED MAIL: This service by certified mail of the summons and complaint is initiated upon the request of Plaintiff pursuant to Rule 4 (i) (2) of the Alabama Rules of Civil Procedure.

Date Requested _____________________

Date Mailed ___________________

Return Receipt Date _________________

_____________________________

 

Clerk

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1. The aforesaid needs specific details to be typed in. Be sure the following blanks are complete:

Stage no. 1 of submitting 35-9A-101

2. Immediately after the last section is completed, go on to type in the applicable details in these - Plaintiffs demands the right to, Defendants no longer has the, accruing through the date, Clerk Plaintiff or Attorney, Address Phone Number, and Attorney Code.

Address Phone Number, Attorney Code, and Clerk Plaintiff or Attorney inside 35-9A-101

3. This next step is about To any Sheriff or any person, Date, Date Received, Clerk, PERSONAL SERVICE served on the, DATE SERVED SHERIFFCONSTABLE, PROCESS SERVER, Server must complete, Print Name Address Phone Number, SERVICE BY DELIVERY TO PERSON SUI, DATE SERVED, served for is sui juris and is a, Defendants, SHERIFFCONSTABLE, and PROCESS SERVER - complete all of these empty form fields.

35-9A-101 conclusion process detailed (portion 3)

4. This next section requires some additional information. Ensure you complete all the necessary fields - PROCESS SERVER, Server must complete Print Name, POSTING OF SUMMONS AND COMPLAINT, DATE SERVED SHERIFFCONSTABLE, Server must complete, Print Name, PROCESS SERVER Address, Phone Number, SERVICE BY CERTIFIED MAIL This, Date Mailed, Return Receipt Date, and Clerk - to proceed further in your process!

POSTING OF SUMMONS AND COMPLAINT, SERVICE BY CERTIFIED MAIL This, and Clerk in 35-9A-101

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