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Merchants Adjustment Serv. v. Morgan
Citation: 264 So. 3d 63Docket: 2161047
Court: Court of Civil Appeals of Alabama; February 8, 2018; Alabama; State Appellate Court
Merchants Adjustment Service filed four separate debt recovery complaints in Clarke District Court against Kordesia Williams, Darryl Williams, Benjamin F. Harper, and Aretha Taylor, requesting service via certified mail. Certified-mail receipts were returned, signed by individuals claiming to be agents of the defendants. After the defendants did not respond, Merchants sought default judgments. The district court ruled that Kordesia, Darryl, and Harper were not properly served, denying the default judgments, while consolidating all actions for appellate review. Merchants petitioned for a writ of mandamus in the Clarke Circuit Court, arguing proper service had been achieved under Ala. R. Civ. P. Rule 4. The circuit court upheld the district court's decision, finding no abuse of discretion regarding service, leading Merchants to appeal. The appeal was affirmed, with special concurrence noting potential confusion in Rule 4 regarding service processes, particularly the requirements for a process server and authorized agents. A process server may leave legal documents at an individual's dwelling or usual place of abode, as stated in Rule 4(c)(1), with exceptions. Rule 4(i)(2) allows for service of a summons and complaint via certified mail, which is effective if delivered to the named addressee or their agent. However, a distinction arises where service is effective when a process server delivers documents to a suitable individual, yet ineffective if that same individual signs for certified mail. This inconsistency does not simplify service requirements under Alabama law, as noted in the Committee Comments on the 1992 Amendment to Rule 4(c)(1). The suggestion is made to amend Rule 4 for clarity by separating subsections for individuals and entities, considering the role of agents. An 'agent' is defined as someone authorized by the addressee to receive their mail (Rule 4(i)(2)(C)). In a specific case, certified mail was received by the defendant's wife, who signed as her husband's agent. Despite this, the district court ruled that the husband was not properly served because he did not acknowledge receipt of the documents. The court held discretionary authority to assess whether the addressee received the summons and complaint timely to avoid default.