(a) This section shall only apply to Houston County.
(b)(1) In addition to all other charges, fees, judgments, and costs of court, in the civil division of the District Court, Circuit Court, Family Court, and Juvenile Court of Houston 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.
(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 for matters pending or to be commenced in a court outside of the State of Alabama.
(c) A Sheriff's Law Enforcement Fund shall be created to supplement the budget of the Houston County Sheriff's Office. The fund shall be used for law enforcement purposes and to discharge the duties of the office of the sheriff as determined by the sheriff in the public interest, to include, but not be limited to, training expenses, ammunition, clothing and uniforms, vehicles, travel expenses, and equipment costs.
(d)(1) The clerk of the court or designee in Houston County by law for the respective courts shall collect the service of process fee designated in subsection (a) and distribute the fee to the Sheriff's Law Enforcement Fund.
(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.
(e) The Sheriff's Law Enforcement 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 Sheriff's Law Enforcement 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.
(f) The district attorney, law enforcement, grand juries, and Houston County shall be exempt from payment of the fees provided for in this section.
Last modified: May 3, 2021