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“Nail and Mail” Eviction Lawsuit Notices

Service of eviction lawsuit papers on tenants can be accomplished by attempting personal service at the residence and, if nobody is home, leaving a copy posted on the door and also mailing a copy within 24 hours. This is called “post and mail service” or, more colorfully, “nail and mail service.”

The mailed copy can be regular mail. A recent Alabama Court of Civil Appeals Decision threw the process into doubt, and seemed to require evidence regarding the exact efforts the process server took to serve the papers. The court included factors such as time of day, time waited after knocking, and others. That decision has now been overturned by the Alabama Supreme Court.

In a ruling on Friday, August 30, 2019, the Alabama Supreme Court said that such detailed testimony was not required. It reinstated the default judgment against the tenant in the eviction lawsuit, ruling that service was properly made on her. The court noted that the statute’s additional requirement of mailing the lawsuit papers within 24 hours satisfied United States Supreme Court concerns in similar cases that did not include a second method of service. If you want to read the entire decision, the case is Ex parte Trinity Property Consultants, LLC. You can read the decision HERE.

Bottom line: Back to the way you were doing things before the Alabama Civil Appeals decision of Mays v. Trinity Property Consultants, LLC. It’s not that there’s a new sheriff in town. It’s that the old sheriff is back!

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What do you think?