State of Alabama Unified Judicial System Form C-61 (front) Rev. 7/2000 NOTICE OF EVICTION ACTION Case Number (Summons and Affidavit in Lieu of Complaint) Sections 35-9-80, et seq., Code of Alabama 1975 (Sanderson Act) IN THE DISTRICT COURT OF _________________________________________________________________, ALABAMA (Name of County) _______________________________________________ v. ___________________________________________________ Defendant Plaintiff Home or Business Address: _______________________________ ______________________________________________________ City/State/Zip Code: _____________________________________ Home or Business Telephone #: ___________________________ Name of Attorney: _______________________________________ Attorney Code: _________________________________________ Home or Business Address: _______________________________ ______________________________________________________ City/State/Zip Code: _____________________________________ Home or Business Telephone #: ___________________________ Social Security Number :__________________________________ Name of Attorney: _______________________________________ Attorney Code: _________________________________________ AFFIDAVIT OF PLAINTIFF (Landlord) Before the undersigned authority personally appeared Affiant, who on oath stated that: 1. The owner possesses lands and tenements located at : ___________________________________________ _______________________________________________________________________________________. Alabama, and the defendant has held possession over and beyond the term for which the same was rented or leased to defendant; or 2. Defendant’s right of possession of the premises has been lawfully terminated by a proper written notice or forfeited or as otherwise agreed. 3. Defendant(s) has/have refused or omitted to deliver possession of the premises after having been served on (date) ______________________. ____________________________________________________ Affiant/Owner or His/Her Agent or His/Her Attorney(s) Sworn and subscribed before me this (date)_________________________ ______________________________________ Judge/Clerk RETURN ON SERVICE Return receipt of certified mail received in this office on _____________________________________(date). I certify that I personally delivered a copy of the Notice of Eviction Action (Summons and Affidavit in Lieu of Complaint) to ______ __________________________________ in _________________________Country, Alabama on _________________________(date). ____________________________ ____________________________________ Date __________________________________________ Address of Server __________________________________________ Server’s Signature Type of Process Server ___________________________________ NOTICE TO EACH DEFENDANT – READ CAREFULLY You are being sued by the plaintiff(s) shown above. (See the Affidavit of the plaintiff above.) YOU HAVE THE RIGHT TO A TRIAL TO TELL WHY YOU SHOULD NOT BE EVICTED FROM THE PROPERTY. THE ORDER BELOW HAS ISSUED FOR THE SHERIFF TO REMOVE YOU FROM THE PROPERTY. TO PREVENT THIS ACTION, YOU MUST FILE A COUNTER- AFFIDAVIT WITH THE SHERIFF, WHOSE OFFICE IS AT _________________________________________ WITHIN 7 DAYS. A COUNTER-AFFIDAVIT IS A SWORN STATEMENT IN WHICH YOU GIVE REASONS WHY YOU SHOULD NOT BE EVICTED. THE COUNTER-AFFIDAVIT MUST BE SWORN, UNDER OATH, BEFORE A NOTARY PUBLIC OR A COURT OFFICIAL WHO CAN ADMINISTER OATHS. If you need assistance in preparing a counter-affidavit, please contact a lawyer. DO NOT FILE THE COUNTER-AFFIDAVIT WITH THE CLERK’S OFFICE SINCE THEY ARE PROHIBOTED FROM GIVING LEGAL ADVICE. If you file counter-affidavit, you will be notified of the trail date IF YOU FAIL TO FILE A COUNTER-AFFIDAVIT WITH THE SHERIFF WITHIN 7 DAYS AFTER THESE PAPERS WERE DELIVERED TO YOU, THE SHERIFF CAN EVICT YOU FROM THE PROPERTY. NOTICE OF EVICTION ACTION (SANDERSON ACT) COURT RECORD (Original) PLAINTIFF (Copy) DEFENDANT(Copy) American LegalNet, Inc. www.USCourtForms.com Form C-61 (back) Rev. 7/2000 NOTICE OF EVICTION ACTION (Summons and Affidavit in Lieu of Complaint) Sections 35-9-80, et seq., Code of Alabama 1975 (Sanderson Act) ORDER TO SHERIFF Pursuant to the Affidavit above, you are commanded to deliver the described property to the plaintiff by removing the defendant and any belongings found therein unless the defendant filed with you within 7 days of service of this Order, a Counter-Affidavit claiming a continued right to possession of the property. _____________________________________ Date ___________________________________________________ District Judge SHERIFF’S RETURN The defendant(s) having been served with a copy of the summons and affidavit in this cause on (date) ________________________________, and defendant(s) further having not filed and delivered a counter-affidavit with this office within 7 days of said date, defendant(s) have hereby been removed from the premises and said premises have been delivered to the Plaintiff(s) in this cause. _____________________________________ __________________________________________________ Date Sheriff __________________________________________________ By Deputy Sheriff American LegalNet, Inc. www.USCourtForms.com