Alabama Legal Notices: A Definitive Guide

What Are Alabama Legal Notices?

Alabama legal notices are official notices that a certain event has taken place, or may take place, and that are published in the media for the public. The purpose of a legal notice is to provide notice to the public and parties who can be impacted by that particular event. The events can be anything from the foreclosure sale of property to the formation of a new limited liability company whose owners want public awareness of their entity.
In Alabama, legal notices are crucial not just for their informative nature, but because Alabama law requires their publication in order to confer jurisdiction upon the court (and thus, the public) over the parties or matter that is the subject of the notice. The general rule is that a legal notice is required to be published a total of three times—weekly for three consecutive weeks.
Alabama courts will often allow for a shortened publication time if the underlying "cause" of action warrants. Those cases will arise when there is concern that a party may hide from the plaintiff—often, this arises in partition actions that deal with real property. In addition, shorted publication times can arise in foreclosure actions where there is concern that the sale of the property is imminent and a "time is of the essence" situation exists.
In these instances, a quick hearing can be had between the opposing party and the court to determine whether the period for publication can be shortened. It is also possible, though not ideal, that only an advertisement of the notice may run, and not the notice itself. This is especially true when a defendant to a partition action is missing and there is serious concern of that person hiding from the parties or court .
Another issue regarding legal notices in Alabama is whether the parties need to file proof of publication. This filing depends on the underlying "cause" of action for which the legal notice is being published. In general, a plaintiff in a partition action must file proof that the notice has been published—this is done for the same reason that the notice is published in the first place: to obtain jurisdiction over all parties.
However, sometimes a personal representative of an estate must file proof of publication of a legal notice. Other times, just judicial notice is sufficient. It is important for the parties to understand, for purposes of something being made final, whether a proof of publication is required and, if so, to file it in a timely manner.
The general rule regarding legal notices, and perhaps the best practice, is to follow the "3 and 3 rule." That is, a legal notice should be published as follows: a notice is published 3 weeks in a row (3 times total), at least 3 weeks prior to any hearing on that legal notice, unless the judge allows otherwise. In addition to the facts of the underlying case, if the judge doesn’t explicitly state the "3 and 3 rule" is applicable to the case at hand, the party submitting the legal notice would be wise to file with the court an "Affidavit of Notice" after the legal notice has been published, and no later than 24 hours prior to the hearing on the legal notice. Such affidavit is not mandated by the law, it is simply a best practice in this state to go above and beyond by proving that notice has been given.

Different Categories of Legal Notices in Alabama

Alabama legal notices can take several forms, and they serve different purposes. These include public notices, probate notices, and foreclosure notices.
Public Notices
These notices are published when the purpose is to inform the public or specific individuals about obligations or information regarding rights and duties. For example, a bank might place a notice in a local paper that details a bank rate change, or a private company might share information about a service or product.
Probate Notices
Probate notices are typically published in the local paper, and are used to afford the general public – or specific individuals – the opportunity to object to the appointment of a personal representative. Personal representatives have a fiduciary duty with regard to the estate.
Foreclosure Notices
These notices provide very important information to both creditors and debtors. In the most basic sense, a foreclosure notice is a public announcement that a bank or a lender will be selling the debtor’s property to satisfy a defaulted debt. While these property sales are often called foreclosures, Alabama law actually refers to them as Foreclosure (Power of Sale) Action.

Legal Notice Publishing Requirements in Alabama

Under Alabama state law, legal notices must be published in an official newspaper, in accordance to Alabama Code 1975, Title 12, Chapter 16, Article 3, Sections 6, 7, 8, and 9. Notice must be given of the following:
Court Approved Notice Under Alabama state law, notice by publication is court approved, and is considered adequate to bring in all interested parties. The only forum that may challenge this is the Circuit Court, requesting that a notice be published in a more prominent paper.

Where to Find Alabama Legal Notices

Alabama legal notices are available in several ways to the public. A variety of online sources are available for viewing or searching legal notices in Alabama. Legal notices can also be found in two newspapers, either the Statewide Legal Notice Newspaper or the newspaper of a county or city where the newspaper includes a legal notice publication policy. Many counties in Alabama offer online access to legal notices through a searchable database.
Online Resources
The Statewide Legal Notice Newspaper site at www.lnpscan.com features a compilation of all legal notices in Alabama metro markets that include Birmingham, Huntsville, Montgomery, Mobile and Tuscaloosa. If notices are placed in these cities, the site provides online electronic documents and searchable indexes covering legal notices.
The Alabama Secretary of State created a statewide legal notice database that is also available online.
Alabama Newspapers Include a Legal Notice Publication Policy
Major newspapers in most Alabama cities include a legal notice publication policy , which is a commitment to running legal notices for municipal, state and federal agencies. The separate classifications provided by newspapers for legal notices make it easy for interested parties to view those notices in print.
Searchable databases for Alabama County Legal Notices
Many counties in Alabama provide access to legal notices in an online database format. Some of these databases may be password protected.
The list below provides links and descriptions to many of these databases. This is not an all-inclusive list but a representation of many of the counties with searchable databases for legal notices.
Autauga County, AL
Baldwin County, AL
Bibb County, AL
Blount County, AL
Bullock County, AL
Chilton County, AL
Choctaw County, AL
Clay County, AL
Cleburne County, AL
Elmore County, AL
Fayette County, AL
Hale County, AL
Henry County, AL
Lamar County, AL
Marengo County, AL
Montgomery County, AL
Perry County, AL
Pickens County, AL
Pike County, AL
Randolph County, AL
Russell County, AL
Tallapoosa County, AL
Tuscaloosa County, AL
Winston County, AL

Effects of Legal Notices on People and Companies

Diving Deeper into the "How" and "Why" of Legal Notices
The repercussions of failing to stay on top of required legal notices can be particularly damaging. For businesses, missed foreclosure deadlines could lead to loss of assets or credit rating damage that will prevent your business from obtaining a loan necessary to continue with normal operations. Likewise, personal late notices or classified notices could damage your credit score as well. The bankruptcy process for a potential foreclosed property can be confusing; business owners should consult with an experienced attorney to avoid mistakes.
For individuals, all-too-common legal notice mistakes can negatively impact personal finances. Imagine missing out on an inheritance due to a minor failure to respond to a newspaper notice. Further, if you are an estate executor or administrator, you could face personal liability fees and even jail time for failing to publish a legal notice to notify unknown creditors (which in Alabama is six months after the first publication in a qualified newspaper).
In general, failing to stay on top of required notices can lead to damaged credit scores, lost opportunities to take advantage of benefits, and even civil or criminal lawsuits. If you own a business, then the financial cost could be even more severe to your bottom line and future operations.
In today’s information age, it’s crucial to stay on top of legal notices, both for businesses and individuals. There is too much at stake to simply guess when a due date is. Being familiar with the estate process, or the specific legal circumstances you may be going through, is too difficult to do without expert legal representation.

Common Questions About Alabama Legal Notices

Common questions regarding Alabama legal notices and advertising requirements include the following:
How do I determine if my announcement is legally required to be published?
Generally, if a state statute, city ordinance, or court rule requires a public notice or legal ad to be published in the newspaper, then the notice needs to be published. Failure to publish the notice can delay important legal matters such as foreclosure, erode the validity of a lien, and void the monetary effect of a tax sale.
Other types of notices do not require publication in the newspaper but are still legally required. An example would be a corporate merger notice.
Is there an automatic way for me to know when a notice needs to be published?
Al.com has partnered with FindLaw, a Thomson Reuters business, to offer a free service that alerts those who have created an account on Alabama.com when their notice, related to civil or probate action, should be published.
I have a personal representative in my case who is named in the action. Are they the person responsible for publishing the notice?
Since personal representatives are often also guardians and conservators, and depending on the type of case filed, it may fall on them to publish. It’s best not to assume responsibility and ask the matter be reviewed by your attorney.
Additionally, many courts will make the individual appearing before it responsible, even if it is not their responsibility .
What happens if I don’t meet the publication deadline?
Your notice will not be effective until you’ve met the publication deadline, which can delay other legal matters and create additional legal issues.
Who is responsible for paying the public notice fee?
The notice’s party brings the ad to be published, and the advertiser is responsible for paying the bill. It’s not uncommon to have the publication fee included in the settlement.
Will the ad I send in be edited?
In most cases, a simple edit for proper grammar and punctuation will be performed, but otherwise, the ad will be published as it is submitted. Al.com uses proprietary software specifically designed to and will automatically publish your ad on the correct insertion days.
How are my ads disseminated to subscribers and what does it cost for readers?
Any online newspaper legal notice subscription (either printed or digital) is paid for by the reader. Priced at approximately 50 percent of the price of the paper, there are several subscription options available, each paying based on the circulation of the paper. Subscribers are not charged to view any of the ads online.
Additionally, online legal ads are printed in color and allow for photo upload.
Can I get an affidavit of publication?
Yes. While sometimes called an "affidavit of publication" by some attorneys, Alabama law requires that all legal ads must be certified by the publisher. This document includes the dates your ad was published, as well as rate confirmation.