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Updated about 6 years ago on . Most recent reply

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Amanda K.
  • Los Angeles, CA
8
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28
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Evictions in Alabama?

Amanda K.
  • Los Angeles, CA
Posted

Hi Everyone!

Can anyone comment on their experience with evictions in Alabama? I have a section 8 tenant in Birmingham that hasn't paid their December portion and doesn't look like January's will be coming soon.  I do have a property manager in place so they will be taking care of it if it has to happen. 

How long did the process take and how much did it end up costing?

Thanks in advance!

Most Popular Reply

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Denise Evans#3 Tax Liens & Mortgage Notes Contributor
  • JD, CCIM , Real Estate Broker
  • Tuscaloosa, AL
1,486
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1,566
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Denise Evans#3 Tax Liens & Mortgage Notes Contributor
  • JD, CCIM , Real Estate Broker
  • Tuscaloosa, AL
Replied

@Amanda K., how long it takes depend on your default procedures and your attorney and the backlog in Jefferson County.

1.  Have you given the 7 day notice of default and opportunity to cure yet?  Did it specifically say seven calendar days?

2. An aggressive attorney can get a lawsuit filed on Day 8 and take a default judgment 8 days after that if the defendant does not answer. The defendant has 7 days after judgment to appeal. if it does not, the order becomes final. Then you can get your turnout order.

3.  Currently, Jefferson County is running 60-90 days behind on getting turnout orders served. That is the big delay. 

4.  The eviction lawsuit taken to a default judgment should cost you around $750 in total legal fees and court costs.  Your house sitting there for 3 months during the lawsuit and waiting for the turnout order to be served is costing you money.  You might consider paying cash for keys with the requirement that they leave the property undamaged and in broom clean condition.

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