What Are Legal Notices In Alabama?
Legal Notices in Alabama, often considered the obscure corner of roadside advertisement, are actually a pivotal aspect of the state’s legal infrastructure. Broadly speaking, a legal notice is a public announcement or an advertisement that has been mandated by law or regulation to be published and disseminated within the public domain. Their primary function is to inform the community and those affected by the matter of the details surrounding a case or a legal process.
In Alabama, legal notices serve numerous purposes. From offering summons related to court cases to announcing upcoming elections, publishing property sales, or providing reference to advertisements. The general idea is to notify the public of vital legal actions that may influence their rights or responsibilities.
One of the most prevalent methods to administer a legal notice in Alabama is through a newspaper publication. The newspapers chosen for legal notifications are often state-approved and selected on their basis of readership and dissemination to targeted geographic locations. However , new technologies and platforms are making headway into this traditional means. Digital notices, such as those on government websites or other online forums, are currently undergoing consideration and could become a significant aspect of publishing legal notices.
By mandating the publishing of legal notices in newspapers and other publicly accessed records, it is viewed as a more reliable means to keep the public informed. This approach will give a chance for citizens to acquire key information on public matters, such as property foreclosures, missing persons, or legal proceedings that may affect their lives or properties. Hence, the legal notion is to ensure the integrity of the law and transparency in what the judicial system is doing.
But like all legal mechanisms, legal notices must be handled with care. The technical language and intricate detail involved with the publication and meant process must be thoroughly understood. Otherwise, a clerical error could lead to a law suit or a vacant seat on Court of Civil Appeals in Alabama.
Different Types of Legal Notices In Alabama
In Alabama, legal notices play a crucial role in notifying interested parties about various legal proceedings and announcements. These notices are not just a matter of formality; they serve as official documents that disseminate important information to the public. Below is a breakdown of the types of legal notices we commonly handle:
Public Notices – These are official communications regarding matters of public interest. They may involve local governments, agencies, or other public entities. For example, a city might post a legal notice about a public bidding process for a contract to build a new bridge. The intent is to inform businesses and the community about the opportunity and how to participate.
Summons – A summons is a legal document that initiates a civil lawsuit. It notifies the person being sued, known as the defendant, that legal action has been initiated against them. A typical example is a summons served on a driver who is at fault in an auto accident.
Foreclosure Notices – In Alabama, a foreclosure notice is required to be published by the lender or trustee prior to the actual foreclosure sale. This is intended to allow the borrower to try and refinance or restructure their debt before losing their home.
Other example legal notices might include:
Public notice of a court proceeding for an automobile accident in which your client is involved
Notice of time fixed for the redemption of property from lien (real estate tax sale)
Notice of sale of real estate under mortgage by advertisement
Notice of seizure of property subject to forfeiture
Notice of trade name registration
Notice of incorporation of an Alabama business entity
Notice of assumed name of a limited liability partnership
Notice of trade name registration/DBA filing
Notice of lien given and record of actual levy of property
Notice of one-time water association representation election
Notice of private placement offered carrying no resale rights
All notices must adhere to Alabama law and the specific requirements outlined for each type. For instance, foreclosure sales must follow the process set out in the Alabama Code for judicial foreclosures, whereas, in other cases, Alabama law allows for public sale by advertisement, invocation of power of sale, and statutory right to redeem of property by the homeowner. Always consult with legal counsel when proceeding with a foreclosure of real property as it is a very risky procedure with strict compliance issues.
Alabama Legal Notice Publication Requirements
In ancient Roman times, the law required that a party seeking to intervene in an ongoing case had to do so in the praetor’s forum. If the praetor agreed with the claim of want of jurisdiction, he would take a piece of wood and, striking his staff against it, would say "case autem" (the case is at an end). The turning down of the case by the praetor, after it has been initiated, was known as "praeterea caseum." From this repetitive process came the modern phrase "posted praeterea caseum." Any notice of termination of case must be posted on leaflets made of sheet with no holes.
In Alabama, the strict requirements of when and with what to post are laid out by the Code of Alabama. Notice of the time and place of every sheriff’s sale of property must be posted for at least three weeks prior to the sale. Ala. Code 1975 § 6-9-66. Likewise, notices of civil actions in which one or more of the parties is a non-resident of Alabama must be posted in at least one newspaper within the State. Ala. Code 1975 § 6-5-208.
According to the Code of Alabama, with regard to the publication of legal notices, a "newspaper" is defined as a newspaper which: 1. issues once a week; 2. is published on each publication day within the State of Alabama; 3. is equal to or greater than 4 pages in size; 4. consists of not less than 25% editorial content, by space; and 5. is equal to or greater than 70% advertising content, by space. Ala. Code 1975 §§ 11-7-3; 6-5-208.
Of equal importance, the Code of Alabama requires that most legal notices be published within the county in which the action is pending. If no newspaper is published there, the notice can be published in the newspaper of the county and on the website of the circuit court clerk for that county. Ala. Code 1975 §§ 6-5-208; 11-7-3. If there is no newspaper available for publication in any of the populous counties, a notice may be published in a newspaper "having the largest general circulation in the county", and printed once a week for three consecutive weeks. Ala. Code 1975 §§ 11-7-3; 11-81-60; 6-5-208. If the circuit court clerk does not have access to the website, the notice can be published only in a newspaper which is 1) published in the county in which the action is pending; 2) or has the largest circulation in the county in which the action is pending; 3) published in the State of Alabama; 4) qualified and designated by the court; and 5) qualified to meet all requirements of excepts a few, an Alabama newspaper. Ala. Code 1975 §§ 11-7-3; 11-81-160.
Venturing beyond the language of statutory law, the courts have interpreted the requirements for publishing legal notices in other ways. For example, it has been determined that the only requirement for publication is that a notice be published, as per Alabama law, within the State of Alabama—not within the county where the action is pending. Smith & Broughton Const. Co. v. Decatur Land & Dev. Co., 674 So. 2d 1246 (Ala. Civ. App. 1995). Thus, although it may be desirable to have a legal notice published in the county where the action is pending, it is not legally required. This leads to other considerations in the selection of the newspaper in which to publish a legal notice. For example, the website of the newspaper or the circuit court clerk’s website might not be fully functional.
The Role Of A Newspaper In A Legal Notice In Alabama
In Alabama, newspapers and other publications play a vital role in order to publish legal notices. While some legal notice statutes allow for electronic publication, many do not and the majority of legal notices must still be published in a newspaper of general circulation. Just because a publication is strictly speaking a newspaper does not mean that it is automatically a paper of general circulation within the meaning of the law. Those very words have been interpreted by the Alabama Supreme Court to define a newspaper where notice of legal proceedings are to be published. The publication may be a monthly, weekly, semiweekly, or daily publication. It must, however, be one in the community having a general circulation among the people therein. If not, it will not qualify as a paper of general circulation. A survey of those newspapers within the city limits of Birmingham to determine which were newspapers of general circulation revealed that only The Birmingham News and The Birmingham Times was found to be papers of general circulation. Other publications were either not distributed within the city limits or were limited to merely a minority section of the City which did not have a general circulation within the meaning of the statute. Even if a paper meets the definition of a general circulation paper, there may be additional requirements. In this electronic age, newspapers and other publications have created on-line versions of their printed paper and some of these publications have high on-line readership numbers, but simply because an electronic publication has high readership numbers does not mean it qualifies as a general circulation paper.
Implications For Failure To Publish A Legal Notice
For individuals or businesses in Alabama who fail to respond to or comply with a legal notice, the consequences can vary depending on the type of notice. If it is a lawsuit or garnishment, then the counterparty would get a judgment and attorney’s fees that could lead to garnishment, if there is property to take or a judgment lien. If it was a settlement offer, then you might have had the opportunity to settle for less money paid out. However, the worst of these are bankruptcy notices and the notices from the IRS to garnish wages or levy bank accounts.
Ignoring a court notice, such as a lawsuit, could lead to a default judgment being entered against you, which could mean you are required to pay damages even if you have a valid defense. In the case of garnishment, people typically lose their wages, bank accounts, and more . This is particularly vicious when you are in a situation where your wages are domino-ing to pay monthly obligations (usually home, auto, credit cards) and you lose one or two paychecks due to garnishment. Then, you miss/pay late one or more of those monthly obligations. This causes a damning effect the consumer inevitably pays for later.
In the case of bankruptcy notices, you could lose your homestead or business property if you do not respond properly and within the time limits provided in the notice. On a Chapter 13 case, if you have not filed the proper notice of plan or motion to compel, you could be kicked out of the court system, thus protecting assets from those creditors via those automatic stays, and you would have your direct paycheck garnished to pay the full amounts owed directly to those creditors.
Responding To A Legal Notice In Alabama
It is important to understand the appropriate steps when faced with a legal notice in Alabama. Most often, this includes the following: The first step is to contact a qualified attorney for assistance. It is never a good idea to confront someone directly because you could inadvertently do or say something that could make matters much worse. When you hire an attorney, he or she can work with you on a legal strategy to best deal with the situation. This is especially important in Alabama because they have some of the most complex and unique collection laws found anywhere in the United States. The second step to follow when receiving a legal notice in Alabama is to not jump to conclusions. One mistake that many people make is they read only parts of the letter, which usually leads to misinterpretation of the situation. You should also be sure and contact those involved with the situation, as well as your attorney, for clarification. Another valuable piece of advice is to not ignore the legal notice thinking it will go away. The sooner the matter is dealt with, the better. The best thing to do is to not wait until the last minute to respond, as it is easier to address the situation in a timely manner. Finally, you should lose all of the emotion tied to the incident. Although the situation may seem personal or unfair, you must look at the problem objectively and logically. In this way, you will not waste time and money dealing with something caused by miscommunication or misunderstanding. Most importantly, take a breath and relax. The more relaxed you are, the better the situation will be solved.
Recent Changes On Alabama Legal Notice Laws
Alabama legislative changes at the end of the 2008 legislative session set new laws on legal advertising. All but two of the new laws are effective Oct. 1, 2008.
Act 2008-392
Section 1. Amends §1-3-42, Code of Alabama 1975, stating "[i]f a newspaper publishes both a daily and a weekly edition, the newspaper shall designate in advance the edition in which a legal notice will appear." Legal notices are defined as statutes or resolutions requiring notice by publication in a newspaper. The second edition, if it is appropriate and applicable to the intent of the notice, would be considered legal publication of a legal notice or advertisement if it is published in the section that is distributed to the entire jurisdiction. The same type of notice or advertisement cannot be published in the same newspaper on the same day more than once .
Section 2. Amends §6-6-210, Code of Alabama 1975, by amending a few code sections including: §6-6-213, which adds language regarding the distribution of notices to insurance companies, §6-6-215 ends certain procedures and requirements regarding newspapers to which notice must go.
While those all seem routine enough, the following section that went into effect immediately requires a shift in the shortest legal ad time period: "The law of this state shall not be construed to authorize or require that a legal advertisement be published more than once within any consecutive 10-day period, unless the law specifically provides for another time period." This means that if the statute requires two publications within a 10-day period, you cannot legally run that notice more than once in a particular paper or with more than a 10-day break.
