When you need to serve legal papers on a minor or a ward under guardianship in Alabama, you must follow specific rules to ensure valid service. Alabama law provides separate procedures for individuals under disability, including minors (persons under age 19) and persons with appointed guardians.
Detailed Answer
Alabama Rules of Civil Procedure: Rule 4(d)
Alabama Rule of Civil Procedure 4(d) governs service on persons under disability, including minors and those under guardianship. Under Ala. R. Civ. P. 4(d), “When a party to be served is an infant . . . or an incompetent person . . . service shall also be made on the party’s guardian or other legal representative.” If no guardian exists, the rule allows service on a parent, custodian, or another responsible adult with whom the minor or incompetent person resides. If no such person is available, you may serve the individual directly through the court clerk. (Ala. R. Civ. P. 4(d)).
Serving Minors
Under Alabama law, a minor is anyone under age 19 per Ala. Code § 26-1-1. To serve process on a minor:
- Identify the child’s guardian or custodian appointed by the probate court.
- If no guardian exists, serve one of the minor’s parents or a person in loco parentis.
- If you cannot find a parent or guardian, arrange for service through the clerk of the circuit court in the county where the minor resides.
Serving Individuals Under Guardianship
For persons under a court-appointed guardianship, you must serve the guardian of the person. The guardian has the legal authority to accept service on behalf of the ward. To confirm guardianship status, obtain a certified copy of the letters of guardianship from the probate court. Then:
- Deliver the summons and complaint to the guardian at the guardian’s usual place of residence or business.
- Complete and file a return of service or affidavit of service with the court to prove that the guardian received the documents.
Helpful Hints
- Verify age and guardianship status before attempting service.
- Obtain certified copies of guardianship orders from the probate court.
- Keep detailed notes on attempts to locate parents, custodians, or guardians.
- Use a process server familiar with Alabama service rules to reduce errors.
- File proof of service promptly to avoid delays or challenges to jurisdiction.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. For guidance on your specific situation, consult an attorney licensed in Alabama.