Alabama’s Form C-34 civil summons is the one-page court document that tells a defendant they have been sued and how long they have to answer. You fill in the header, file it with your complaint at the clerk’s office, and the clerk signs and seals it so it can be served on the defendant. The same form is used in Circuit, District, and Juvenile courts across the state.
Where to Download Form C-34
The Administrative Office of Courts posts the current form as a free fillable PDF on its E-Forms site at eforms.alacourt.gov.1Alabama Administrative Office of Courts. E-Forms The active revision is dated July 2023. You can type into it, save, and print without any handwriting. If you don’t have a printer, the clerk of court in the county where you plan to file will hand you a blank at the counter.
Filling In the Header
The form has four parts: a case header, a block of instructions the defendant reads, service-method checkboxes, and a return of service completed after delivery. You are responsible for the header. The clerk and the process server handle the rest.
Court, County, and Parties
At the top, write the type of court (Circuit or District), the Alabama county where you’re filing, and the plaintiff and defendant names exactly as they appear in the complaint.2Alabama Unified Judicial System. Alabama Form C-34 – Summons Civil Leave the case number blank; the clerk assigns it at filing. In the “NOTICE TO” field, put the defendant’s full name and current address. If you’re suing more than one defendant, prepare a separate C-34 for each.
Pick the right court. District courts handle civil claims up to $20,000, excluding interest and costs.3Alabama Legislature. Alabama Code 12-12-30 – Civil Jurisdiction Generally Circuit courts have exclusive jurisdiction over claims above $20,000, with concurrent jurisdiction from $6,000 to $20,000. When your claim falls in that overlap, you choose, but Circuit filing fees are higher and the procedure more formal.
Attorney Block and Days to Respond
The form prints the plaintiff’s attorney name and address inside the instructions the defendant reads, so the defendant knows where to send a copy of the answer. Self-represented? Put your own name and mailing address there.
The form also has a blank for how many days the defendant has to answer. Fill in 14 for District Court and 30 for Circuit Court. The clerk will check that the number matches the court box, but a wrong number can confuse a defendant into filing late or too early.
Filing With the Clerk
Take the completed C-34 to the clerk of court with your complaint and the filing fee. The clerk reviews the paperwork, assigns a case number, signs the summons, and applies the court’s seal. That seal is what gives the form legal force; before it, the document is just paper.
Filing Fees
Alabama’s statutory base fee for a Circuit Court civil case is $197 when the amount in controversy is $50,000 or less and $297 when it exceeds $50,000 or is unspecified.4Alabama Legislature. Alabama Code 12-19-71 – Circuit and District Court Filing Fee Each additional plaintiff adds $100, capped at $1,000. Counties add local surcharges on top, so what you actually pay is higher than the statute figure. In Jefferson County, the total for a single-plaintiff, single-defendant Circuit case runs $251 to $351 depending on the claim.5Jefferson County Circuit Clerk. Jefferson County Circuit Clerk – Filing Fees District Court fees are lower and tiered by claim size; Jefferson County’s range from $61 for claims up to $1,500 to $256 for claims from $6,000 to $20,000.6Tenth Judicial Circuit Court of Alabama. Filing Fees (Court Costs) Call your county clerk before filing to confirm the exact total for your case.
If You Can’t Afford the Fee
Submit Form C-10-CIVIL, “Affidavit of Substantial Hardship and Order,” to ask the judge to waive the fee. The affidavit asks for your monthly income, your spouse’s income, household expenses, assets, and whether you receive TANF, Medicaid, SSI, or food stamps.7Alabama Administrative Office of Courts. Affidavit of Substantial Hardship and Order You sign under penalty of perjury and authorize the court to verify what you reported. If the judge grants it, fees are waived upfront but taxed at the end of the case, so you may still owe them if you win or your finances change. The court can also order later reimbursement of costs and any appointed-attorney fees.
Serving the Defendant
Once the clerk issues the summons, getting it and a copy of the complaint to the defendant is on you. Alabama gives you 120 days from the filing date to complete service. Miss that window without good cause and the court can dismiss the case without prejudice.
How Service Can Be Made
The C-34 has checkboxes for the available methods, and you or the clerk selects one at filing:2Alabama Unified Judicial System. Alabama Form C-34 – Summons Civil
- Sheriff or constable. The clerk forwards the summons to the county sheriff, who sends a deputy to hand-deliver it. Fees vary by county: $10 per document in Jefferson County, $25 in Cherokee and Dale counties, with most counties falling somewhere in that range.8Alabama Legislature. Alabama Code 45-10-235.01 – Service of Process Fee
- Certified mail. On a written request from you or your attorney, the clerk mails the summons and complaint by certified mail with return receipt. Service is effective when the defendant signs the receipt.
- Designated process server. Anyone 18 or older who is not a party can serve the papers, but they must first be designated by court order. Private servers typically charge $50 to $150 depending on the county and how hard the defendant is to locate.
Personal delivery doesn’t have to mean handing papers to the defendant directly. A server can also leave them at the defendant’s home with a resident of suitable age and discretion. If the defendant or a household member refuses to accept them, the server notes the refusal on the return and the clerk then sends copies by ordinary mail. Service is complete once that mailing is recorded.
Serving a Corporation
For a corporate defendant, serve the registered agent the company listed with the Alabama Secretary of State.9Justia. Alabama Code 10-3A-25 – Service of Process on Corporation Look up the agent and the registered office through the Secretary of State’s business entity search. If the agent can’t be found at that address with reasonable effort, service can be made by any method allowed under the Alabama Rules of Civil Procedure, such as certified mail to the company’s principal place of business.
The Return of Service
The bottom of Form C-34 is the return of service, filled in by whoever delivered the papers. It records who was served, where, when, and by what method. The server signs, prints their name, and notes their title. The completed return is filed with the clerk and becomes the court’s proof that the defendant got notice. Without a filed return, the case cannot move forward. If weeks pass without confirmation, follow up with the sheriff’s office or your process server.
How the Response Deadline Works
The number of days the defendant has to answer is printed right on the summons, in the blank you filled in. In District Court it’s 14 days from the date of service; in Circuit Court it’s 30.10Alabama Judicial System. Alabama Unified Judicial System Form SM-3 – Defendant’s Answer The written answer has to reach the clerk’s office, with a copy delivered to the plaintiff’s attorney, before the deadline expires.
Alabama Rule 6(a) governs the count. The day of service doesn’t count; counting starts the next day. The last day does count, unless it lands on a Saturday, Sunday, or legal holiday, in which case the deadline rolls to the next business day.11Alabama Judicial System. Alabama Rules of Civil Procedure – Rule 6 Because both the 14-day and 30-day periods on a C-34 run longer than 11 days, you count every calendar day, weekends included.
What Happens If the Defendant Doesn’t Answer
When the deadline passes with no answer on file, the plaintiff can ask the court to enter a default judgment. The summons spells this out in bold: “A JUDGMENT BY DEFAULT MAY BE RENDERED AGAINST YOU FOR THE MONEY OR OTHER THINGS DEMANDED IN THE COMPLAINT.”2Alabama Unified Judicial System. Alabama Form C-34 – Summons Civil The court can then award the plaintiff what the complaint asks for without ever hearing the defendant’s side.
Default is not automatic. The plaintiff has to request it, and courts often hold a brief hearing to confirm the damages. But the defendant has given up the chance to contest the claim on the merits. A default judgment can be set aside for good cause, but courts grant that motion sparingly. If you’ve been served, file something before the clock runs out, even a short answer denying the allegations.