(a) In addition to all other charges, fees, and costs of court, a service of process fee not to exceed one hundred dollars ($100) 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. The exact amount of the fee shall be set by the county commission.
(b) The Geneva County Sheriff's Service of Process Fee Fund is created to supplement the budget of the Geneva County Sheriff's Office. The fund shall be used for law enforcement vehicles, communication equipment, and other technology for the office.
(c)(1) The clerk of the court, or his or her designee, shall collect the service of process fee provided in subsection (a) and distribute the fee to the fund to be held and administered by the Geneva County Commission.
(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 attesting to the substantial hardship shall be signed and filed with the clerk by the person requesting service and shall be approved by the court.
(d) The 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 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.
Structure Code of Alabama