Lloyd C. Young v. Gloria Hamner

Rel: April 17, 2026

Notice: This opinion is subject to formal revision before publication in the advance sheets of Southern Reporter.
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ALABAMA COURT OF CIVIL APPEALS
OCTOBER TERM, 2025-2026
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Lloyd C. Young

v.

Gloria Hamner

Appeal from Tuscaloosa Circuit Court
(CV-25-900536)

EDWARDS, Judge.

In May 2025, Gloria Hamner filed a complaint against Lloyd C.

Young in the Tuscaloosa Circuit Court ("the trial court"), alleging that

Young had defaulted on a promissory note that Young had executed in

Hamner's favor and that he owed Hamner $22,721.94. Hamner attached
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to her complaint a copy of the purported promissory note. Hamner

requested that Young be served by commercial carrier under Rule 4(i)(3),

Ala. R. Civ. P. However, the record reflects that the trial-court clerk did

not institute service by commercial carrier, see Rule 4(i)(3)(A)(i), and

that, instead, Hamner's attorney selected a commercial carrier and

instituted service pursuant to Rule 4(i)(3)(A)(ii).

On May 19, 2025, as required by Rule 4(i)(3)(C), Hamner's attorney

filed in the trial court a form titled "Proof of Service by Commercial

Carrier." Hamner properly included with her proof-of-service form the

receipt of delivery from the commercial carrier indicating that delivery

had been accomplished on May 19, 2025. The receipt of delivery indicated

that the delivery had been "Signed for by: L. Young"; contained, under a

section designated as "Special Handling," the statement "indirect

signature required"; and, at the bottom of the receipt, stated that "no

signature is available for this … shipment because a signature was not

required." The receipt of delivery bears no written signature and no

electronic signature. See Rule 30(G), Ala. R. Jud. Admin. (indicating that

an "electronic signature" is denoted by the use of "/s/" followed by the

name of the signatory).

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On June 25, 2025, Hamner filed a motion titled "Application for

Entry of Default, Motion for Default Judgment, and Supporting

Affidavit," accompanied by an affidavit executed by Hamner's counsel

stating that Young had been served on May 19, 2025, and that Young had

neither answered nor otherwise defended against the complaint. The

affidavit further stated that the complaint sought $22,721.94 in damages,

plus attorney fees and costs, which the affidavit averred were $1,307.50

and $380.55, respectively. Hamner also provided the trial court with a

proposed default judgment. On the following day, the trial court entered

a default judgment in favor of Hamner using the proposed default

judgment.

On July 2, 2025, Young filed a motion to set aside the default

judgment. In his motion, Young challenged service of process, arguing

that Hamner had not properly perfected service of process by commercial

carrier pursuant to Rule 4(i)(3). Specifically, Young challenged Hamner's

failure to file an "Affidavit of Delivery to a Commercial Carrier of Process

and Complaint," as required by Rule 4(i)(3)(B)(ii), and the lack of a

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signature on the receipt of delivery from the commercial carrier.1 On

September 3, 2025, the trial court denied Young's motion to set aside the

default judgment. Young filed a timely notice of appeal to this court.

In his motion to set aside the default judgment, Young argued that

Hamner did not properly accomplish service of process by commercial

carrier under Rule 4(i)(3) and, therefore, that the default judgment is

void. See Nichols v. Pate, 992 So. 2d 734, 736 (Ala. Civ. App. 2008) ("The

failure to effect proper service under Rule 4, Ala. R. Civ. P., deprives the

trial court of personal jurisdiction over the defendant and renders a

default judgment void."). Although Young's motion to set aside the

default judgment was timely filed pursuant to Rule 55(c), Ala. R. Civ. P.,

because he argues in that motion that the default judgment is void

because of the lack of proper service of process on him, we will, as directed

1In his motion, Young also asserted that he had a meritorious
defense to the action, that the default judgment had not been the result
of his own culpable conduct, and that Hamner would not suffer prejudice
if the default judgment was set aside. See Kirtland v. Fort Morgan Auth.
Sewer Serv., Inc., 524 So. 2d 600, 605 (Ala. 1988) (setting out the factors
that a trial court must consider when determining whether to set aside a
default judgment). However, because Young challenged the default
judgment as being void for lack of proper service of process, he was not
required to argue or establish the Kirtland factors. See Pharo v. Pharo,
199 So. 3d 93, 95 (Ala. Civ. App. 2015).
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by our supreme court, treat his motion as one filed pursuant to Rule

60(b)(4), Ala. R. Civ. P., challenging a void judgment. See Ali v.

Williamson, 308 So. 3d 898, 902 (Ala. 2019) (construing a timely filed

Rule 55(c) motion to set aside a default judgment as a Rule 60(b)(4)

motion because the movant argued that the judgment was void). Young

correctly contends that our review of the trial court's denial of his motion

to set aside the default judgment is de novo.

"Although a circuit court has 'great discretion' in ruling
on a motion to set aside a default judgment, if a default
judgment is void, it must be set aside:

" ' " 'The standard of review in the case of an
order setting aside, or refusing to set aside, a
default judgment proceeds on the basis that the
trial judge has great discretion, and his judgment
will not be disturbed unless he has clearly
[exceeded] such discretion.' Roberts v. Wettlin, 431
So. 2d 524, 526 (Ala. 1983). However, '[w]hen the
grant or denial [of a request for relief from a
judgment] turns on the validity of the judgment,
discretion has no place for operation. If the
judgment is void, it is to be set aside; if it is valid,
it must stand.' Smith v. Clark, 468 So. 2d 138, 141
(Ala. 1985)." ' "

Ex parte LERETA, LLC, 226 So. 3d 140, 143 (Ala. 2016) (quoting

Boudreaux v. Kemp, 49 So. 3d 1190, 1194 (Ala. 2010), quoting in turn

Cameron v. Tillis, 952 So. 2d 352, 353 (Ala. 2006)). Thus, when an

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appellate court is "reviewing the ruling of a trial court on a motion to

vacate a default judgment on the ground that the judgment was void,

[that] court applies a de novo standard of review. ... Discretion plays no

part in determining whether a default judgment is void." LVNV

Funding, LLC v. Boyles, 70 So. 3d 1221, 1226-27 (Ala. Civ. App. 2009).

As noted, Hamner chose to serve Young by commercial carrier

under Rule 4(i)(3).2 Rule 4(i)(3) provides:

"(3) Service by Commercial Carrier.

"(A) When Proper.

"(i) When the plaintiff files a
written request with the clerk for
service by commercial carrier, service
of process shall be made by that
method. For purposes of this
subdivision, 'commercial carrier'
means only those commercial carriers
approved by the Administrative
Director of Courts, pursuant to Rule 45
of the Alabama Rules of Judicial
Administration. When service by
commercial carrier is initiated by the
clerk, the clerk's choice of commercial
carrier is limited to those approved by
the Administrative Director of Courts.

"(ii) Alternatively, the attorney or
party filing the process and complaint

2The rule became effective August 14, 2023.

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may initiate service by commercial
carrier as provided in this rule. For
purposes of this subdivision,
'commercial carrier' means any foreign
or domestic business entity that is not
a party to the civil action; that has as
its primary purpose the delivery of
letters and parcels of any type; and that
will deliver to the sender a written or
electronic receipt showing to whom the
process and complaint were delivered,
the written or electronic signature of
the recipient, the date of delivery, the
address where delivered, and the
person or entity effecting delivery.

"(B) How Served.

"(i) In the event of service by
commercial carrier initiated by the
clerk, the clerk shall deliver to the
commercial carrier a copy of the
process and complaint or other
document to be served in an envelope
and shall address the envelope to the
person to be served. In the case of an
entity within the scope of one of the
subdivisions of Rule 4(c), the addressee
shall be a person described in the
appropriate subdivision. The clerk
shall provide to the commercial carrier
payment of the required shipping costs,
with instructions to the commercial
carrier to provide to the clerk a written
or electronic receipt showing to whom
the process and complaint or other
document to be served was delivered,
the written or electronic signature of

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the recipient, the date of delivery, the
address where delivered, and the
person or entity effecting delivery. The
clerk shall forthwith enter the fact of
delivery to the commercial carrier on
the docket sheet of the action and make
a similar entry when a delivery receipt
is received.

"(ii) Alternatively, the attorney or
party filing the process and complaint
or other document to be served may
obtain a copy of the filed pleading from
the clerk or, if the pleading was filed
electronically, use the copy returned
electronically by the clerk. The
attorney or party shall then deliver to
the commercial carrier that copy of the
process and complaint or other
document to be served in an envelope
and shall address the envelope to the
person to be served. In the case of an
entity within the scope of one of the
subdivisions of Rule 4(c), the addressee
shall be a person described in the
appropriate subdivision. The attorney
or party shall provide to the
commercial carrier payment of the
required shipping costs, with
instructions to the commercial carrier
to provide to the attorney or party a
written or electronic receipt showing to
whom the process and complaint or
other document to be served was
delivered, the written or electronic
signature of the recipient, the date of
delivery, the address where delivered,
and the person or entity effecting

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delivery. Upon delivery to the
commercial carrier, the attorney or
party shall immediately file with the
court an 'Affidavit of Delivery to a
Commercial Carrier of Process and
Complaint.' That affidavit shall verify
that a filed copy of the process and
complaint or other document to be
served has been delivered to a
commercial carrier in accordance with
this rule.

"(C) When Effective. Service by commercial
carrier shall be deemed complete and the time for
answering shall run from the date of delivery as
evidenced by the commercial carrier's written or
electronic receipt showing to whom the process
and complaint or other document to be served was
delivered, the written or electronic signature of the
recipient, the date of delivery, the address where
delivered, and the person or entity effecting
delivery. When service is initiated under Rule
4(i)(3)(B)(ii), the attorney or party shall, within ten
(10) days after receiving the commercial carrier's
written or electronic delivery receipt, file with the
court a 'Proof of Service by Commercial Carrier'
that identifies the commercial carrier and explains
the method of service, states the name of the
person served, notes the date of delivery, and has
attached a printed copy of the commercial carrier's
written or electronic delivery receipt or other
evidence of delivery. Within the meaning of this
subdivision, 'agent' means a person or entity
specifically authorized by the addressee to receive
the addressee's commercial-carrier deliveries and
to deliver them to the addressee. Such agent's
authority shall be conclusively established when
the addressee acknowledges actual receipt of the

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summons and complaint or the court determines
that the evidence proves the addressee did
actually receive the summons and complaint in
time to avoid a default. An action shall not be
dismissed for improper service of process unless
the service failed to inform the defendant of the
action within time to avoid a default. In the case of
an entity included in one of the provisions of Rule
4(c), 'defendant,' within the meaning of this
subdivision, shall be such a person described in the
applicable subdivision of 4(c).

"(D) Failure of Delivery. Failure to make
service within sixty (60) days from issuance of the
process by the clerk of the court and failure to
make proof of service do not affect the validity of
service perfected beyond that period."

Young contends that the burden of proving proper service rested on

Hamner. Indeed, "[w]hen the service of process on the defendant is

contested as being improper or invalid, the burden of proof is on the

plaintiff to prove that service of process was performed correctly and

legally." See Ex parte Volkswagenwerk Aktiengesellschaft, 443 So. 2d

880, 884 (Ala. 1983). Hamner, however, contends that Young bore the

burden of establishing that he was not properly served. She posits that

the receipt of delivery from the commercial carrier that was filed with the

proof-of-service form required by Rule 4(i)(3)(C) is a "service return,"

which, she contends, is prima facie evidence that service of process was

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accomplished; thus, she argues, Young was required to rebut the

presumption that service of process was properly accomplished by clear

and convincing evidence. See Powell v. Central Bank of the S., 510 So.

2d 171, 172 (Ala. 1987) (stating that "the party challenging the return [of

service] has the burden of establishing lack of service by clear and

convincing evidence" and that "a properly executed return will not be

invalidated upon the uncorroborated statements of the parties in which

they deny service upon themselves").

Rule 4(i)(3) has not yet been construed by any court. "When

interpreting a [court rule], a court must give the language of the [rule]

its plain and commonly understood meaning." Ex parte Living By Faith

Christian Church, 360 So. 3d 340, 344 (Ala. 2021); see also Moffett v.

Stevenson, 909 So. 2d 824, 826 (Ala. Civ. App. 2005). The language of

Rule 4(i)(3) is straightforward and unambiguous. The rule requires that,

when an attorney or a party initiates service by commercial carrier,

certain filings be made evidencing the placement of the documents to be

served in the custody of the commercial carrier and evidencing the

delivery of the documents by the commercial carrier. Moreover, the rule

is clear that the "written or electronic" receipt evidencing delivery by the

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commercial carrier must contain specific information: "to whom the

process and complaint or other document to be served was delivered, the

written or electronic signature of the recipient, the date of delivery, the

address where delivered, and the person or entity effecting delivery."

Those requirements are repeated in four subsections of the rule: Rule

4(i)(3)(A)(ii), Rule 4(i)(3)(B)(i), Rule 4(i)(3)(B)(ii), and Rule 4(i)(3)(C).

Although Rule 4 does not define the term "electronic signature," that

term is defined in Rule 30(G), Ala. R. Jud. Admin., which provides that

"[a]n electronic signature is considered to be the original signature upon

the court record or document for all purposes under these Rules and other

applicable statutes or rules." According to Rule 30(G), "[e]lectronic

signatures shall either: (1) show an image of such signature as it appears

on the original document or appended as an image file or (2) bear the

name of the signatory preceded by an '/s/' typed in the space where the

signature would otherwise appear, as follows: /s/ Jane Doe."

Based on our reading of the plain language of Rule 4(i)(3), we cannot

agree with Hamner that the receipt of delivery provided by the

commercial carrier appended to her proof-of-service form is akin to a

service return under Rule 4(i)(1)(C) or a certified-mail receipt. Unlike

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Rule 4(i)(1)(C), which governs personal service of process and which

specifically provides that "[t]he return of the person serving process in

the manner described herein shall be prima facie evidence that process

has been served," Rule 4(i)(3) does not contain similar language making

the receipt of delivery from the commercial carrier "prima facie evidence"

that service of process was accomplished. Although Rule 4(i)(2) does not

specifically so provide, our supreme court has determined that a certified-

mail receipt functions to establish that the summons and the complaint

were mailed to the address denoted on the receipt and that the certified

mail was signed for by the person who signed that receipt but does not

necessarily establish that service of process was properly perfected. See

McDermott v. Tabb, 32 So. 3d 1, 4 (Ala. 2009). Notably, the issue

regarding whether a defendant was properly served often turns on the

signature on the certified-mail receipt. The receipt of delivery required

by Rule 4(i)(3) might well be equivalent to a certified-mail receipt because

it, too, requires a signature. However, we need not resolve that issue to

resolve the present appeal.

The receipt of delivery provided to Hamner by the commercial

carrier in this case does not contain a signature -- either written or

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electronic. In fact, the receipt of delivery provided by the commercial

carrier indicates that the package required an "indirect signature,"

whatever that may be, and also states that "no signature is available for

this … shipment because a signature was not required." Thus, it is

apparent to this court that, even if we were to construe a receipt of

delivery by a commercial carrier to be equivalent to a certified-mail

receipt such that the receipt of delivery would create a presumption that

the summons and complaint were delivered to the address on the receipt

of delivery and that the person whose signature appeared on the receipt

of delivery signed for the package, the receipt of delivery provided by the

commercial carrier in the present case would not qualify as proof of

service of process because of the lack of any signature.

Because Young has challenged service of process as improper or

invalid and because the receipt of delivery provided by the commercial

carrier in the present case could not possibly serve as evidence of service

of process on Young because it lacked a signature, we agree with Young

that the record does not contain a "service return" that would shift the

burden of proving a lack of service of process to Young. Therefore,

Hamner bore the burden of establishing that service of process on Young

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was properly accomplished. In order to conclude our review, we must

determine whether Hamner proved that she properly perfected service of

process on Young by commercial carrier pursuant to Rule 4(i)(3) such that

the trial court properly denied Young's motion to set aside the default

judgment. See McDermott v. Tabb, 32 So. 3d 1, 3 (Ala. 2009) (explaining

that an appellate court "review[s] de novo the facts to determine whether

[the plaintiff] has established that [the defendant] was properly served

so as to vest the trial court with the necessary jurisdiction to enable it to

enter a default judgment against [the defendant]").

We begin with the premise that "strict compliance with the rules

regarding service of process is required." Ex parte Pate, 673 So. 2d 427,

429 (Ala. 1995). As we have already stated, the receipt of delivery

provided by the commercial carrier in this case does not comply with Rule

4(i)(3), which requires that a receipt of delivery from a commercial carrier

contain either a written or electronic signature of the recipient.

Moreover, Hamner failed to follow the requirements of Rule 4(i)(3)(B)(ii),

which required her to, "[u]pon delivery to the commercial carrier, …

immediately file with the court an 'Affidavit of Delivery to a Commercial

Carrier of Process and Complaint' " that must have verified "that a filed

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copy of the process and complaint … ha[d] been delivered to a commercial

carrier in accordance with th[e] rule." Those failings establish that

Hamner did not properly serve Young with the summons and complaint,

and, therefore, that the trial court erred in failing to set aside the default

judgment against him. Accordingly, we reverse the judgment of the trial

court, and we remand the case for the entry of an order setting aside the

default judgment and for further proceedings.

REVERSED AND REMANDED WITH INSTRUCTIONS.

Moore, P.J., and Hanson, Fridy, and Bowden, JJ., concur.

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