Find Civil Court Records in Cherokee County
Civil court records in Cherokee County are kept by the Circuit Clerk in Centre. Centre is the county seat. Cherokee County is part of the 9th Judicial Circuit, which also includes DeKalb County. The circuit court handles civil lawsuits, contract disputes, and other civil matters over the district court limit. Cherokee County is rural with about 24,500 people. The court docket is smaller than in urban counties, but the same filing and access steps apply. The Circuit Clerk office handles new civil filings, keeps case records, and gives out copies to the public. You can search records online through the Alacourt system or visit the courthouse in Centre to ask in person.
Cherokee County Court System Facts
Cherokee County Circuit Clerk
The Circuit Clerk is the main keeper of civil court records in Cherokee County. Dwayne Amos holds this elected job. He oversees court files, new case filings, and public record requests. The clerk office is on the second floor of the Cherokee County Courthouse in downtown Centre.
When you need a copy of a civil court record, the clerk office is your first stop. Staff can help you search for cases if you know the names of the parties or the rough date when the case was filed. They can also give you certified copies if you need them for legal use. Certified copies cost a bit more but are often needed for court filings or other legal matters.
| Circuit Clerk | Dwayne Amos |
|---|---|
| Address | 100 Main Street, Room 203 Centre, AL 35960 |
| Phone | (256) 927-3637 |
| Hours | Monday - Friday, 8:00 AM - 4:30 PM |
What to Bring for In-Person Requests
If you plan to visit the clerk office in person, bring a valid photo ID. A driver's license or state ID works fine. Having case details on hand will make your search faster. This includes the names of the plaintiff and defendant, the type of case, and the year it was filed. If you lack all this info, staff can still help you search. It may just take longer to find what you need.
Online Access to Civil Court Records
Cherokee County civil court records can be searched online through the statewide Alacourt system. All 67 Alabama counties use this same system. The process is the same no matter which county you search.
Cherokee County Alacourt Portal
The Cherokee County Alacourt portal gives online access to civil, criminal, and traffic case info. You need to make an account to search and view records. The system lets you search by party name or case number. If you have a case number, that is the fastest way to pull up records.
Fees for Online Records
Alacourt charges per-case fees to view records online. District court cases cost $19.99 per case. Circuit court cases cost $29.99 per case. These fees apply no matter how many documents are in the case file. You pay by credit card through the online system.
Statewide Alacourt Public Access
You can also use the Alacourt Public Access portal to search across many counties at once. This is useful if you are not sure which county a case was filed in. It also helps if a party has cases in more than one county. The same account works for both the county and statewide portals.
What You Can Find Online
The Alacourt system has case summaries, party info, filing dates, and case outcomes. Some documents may be ready to view or download. But not all documents are scanned into the system. This is especially true for older cases. For full records or certified copies, you may need to call the clerk office.
Types of Civil Cases in Cherokee County
Cherokee County courts handle many types of civil disputes. Both circuit and district courts hear these cases. The type of court depends mainly on the dollar amount in the case. Higher amounts go to circuit court while smaller claims stay in district court.
Circuit Court Civil Cases
The Cherokee County Circuit Court has general jurisdiction over civil cases where the amount in controversy exceeds $20,000. This is established by Alabama Code Section 12-11-30. Common circuit court cases in Cherokee County include:
- Personal injury lawsuits from car accidents, slip and falls, or other incidents
- Contract disputes involving amounts over $20,000
- Real estate disputes such as boundary disagreements or title issues
- Business litigation between companies or business partners
- Equity matters including injunctions and specific performance claims
District Court Civil Cases
The Cherokee County District Court handles civil matters where the amount is $20,000 or less, as shown in Alabama Code Section 12-12-30. These cases are often simpler. They tend to wrap up faster than circuit court matters. Common district court cases include:
- Debt collection cases from credit cards, medical bills, or personal loans
- Landlord-tenant disputes including evictions and security deposit claims
- Property damage claims under the $20,000 threshold
- Consumer disputes over defective products or services
Small Claims Court
For smaller disputes, the small claims part of district court handles cases up to $6,000. Alabama Code Section 12-12-31 sets this limit. Small claims is meant to be simpler and faster than regular civil court. Many people go without a lawyer. Common small claims matters include minor contract disputes, small property damage claims, and disputes over services.
Filing a Civil Case in Cherokee County
If you need to file a civil lawsuit in Cherokee County, the process starts at the Circuit Clerk office. The specific steps depend on whether you are filing in circuit court, district court, or small claims.
Circuit Court Filing
To file a civil case in circuit court, you must prepare a complaint. The complaint states your claims and what you want from the case. File the complaint with the Circuit Clerk along with the filing fee. After filing, you must serve the defendant with a copy of the complaint and summons. The Sheriff or a process server can handle service for you.
District Court Filing
District court filings follow a similar process but with different forms. The clerk office can give you the forms you need. You can also find them on the Alabama Legal Help website. Filing fees are lower for district court cases than for circuit court cases. This makes district court a more affordable option for smaller disputes.
Small Claims Filing
Small claims is the easiest way to file. You fill out a short form that describes your claim and how much you want. The clerk office takes care of serving the summons. Small claims cases are heard fast. Most are done within 30 to 60 days of filing.
Filing Fees
Filing fees for civil cases in Cherokee County are set by Alabama Code Section 12-19-71. These are the same fees that apply statewide:
| Case Type | Filing Fee |
|---|---|
| Small Claims (under $1,500) | $35 |
| Small Claims ($1,500 - $6,000) | $96 |
| District Court Civil ($6,000 - $20,000) | $219 |
| Circuit Court Civil (under $50,000) | $197 |
| Circuit Court Civil (over $50,000) | $297 |
Legal Framework for Court Records Access
Knowing the legal rules for court records helps when you want copies or need to search for info. Both state law and court rules affect what records are open to the public. They also shape how you can access them.
Public Records Law
Alabama Code Section 36-12-40 gives residents the right to look at and copy public records. This law covers court records and other government documents. The law should be read broadly in favor of sharing. If an agency wants to deny access, it must prove a specific exemption applies.
Court Record Privacy Rules
The Alabama Rules of Court-Record Privacy and Confidentiality became effective on January 1, 2025. These rules apply to all trial courts including Cherokee County. Rule 104(A) states that court records are open for inspection and copying unless a statute, rule, or court order provides otherwise.
The rules also list info that must be hidden from public view. This includes Social Security numbers, dates of birth (except year), bank account numbers, and names of minor children in most cases. If you file documents, you should leave out this sensitive info. Use initials where the rules allow.
Sealed Records
Some court records may be sealed by court order. A party can file a motion asking the judge to seal certain documents or a whole case file. Common reasons for sealing include trade secrets, sensitive business info, or privacy concerns. Sealed records are not open to the public. They stay closed unless the court unseals them.
Statutes of Limitations
If you are thinking about filing a civil lawsuit, be aware of time limits. Under Alabama Code Section 6-2-34, claims based on written contracts must be filed within six years. Personal injury and property damage claims have a two-year limit under Section 6-2-38. Missing these deadlines means you lose the right to sue.
Related Record Sources
Civil court records sometimes connect to records kept by other offices. Depending on what you are researching, these other sources might have useful information.
Judgment Liens and Property Records
When someone wins a money judgment in civil court, they can record that judgment as a lien against the debtor's real property. In Cherokee County, property records including judgment liens are maintained by the Probate Judge office. Under Alabama Code Section 6-9-190, a recorded judgment creates a lien on the debtor's real property in that county. If you are researching someone's assets or liabilities, checking both court records and property records gives you a fuller picture.
Cherokee County Probate Court
The Probate Judge also handles certain civil matters that are separate from the circuit and district courts. These include estate administration, guardianships, and conservatorships. If the matter you are researching involves a deceased person's estate or a protected person, check with the Probate Court.
Federal Court Records
Cherokee County is in the Northern District of Alabama. Federal courts handle civil cases involving federal law, constitutional issues, or disputes between citizens of different states where the amount exceeds $75,000. Federal records are available through PACER at a cost of $0.10 per page. The nearest federal courthouse is in Gadsden.
Bankruptcy Court Records
Bankruptcy cases are filed in federal court. A pending bankruptcy can affect civil litigation because the automatic stay prevents most collection actions against the debtor. Bankruptcy records are also available through PACER. Check these records if you are pursuing a debt and suspect the debtor may have filed bankruptcy.
Legal Assistance Resources
If you need help with a civil court matter and cannot afford an attorney, several organizations provide free or low-cost services to Cherokee County residents.
Legal Services Alabama
Legal Services Alabama provides free civil legal assistance to qualifying low-income residents. They handle cases involving housing, family law, consumer issues, and public benefits. Call the statewide intake line at 1-866-456-4995 to see if you qualify for help.
Alabama Legal Help
The Alabama Legal Help website offers free self-help guides, court forms, and legal information. Even if you cannot get a lawyer, this site can help you understand the process and prepare your own documents. It covers topics like small claims, landlord-tenant issues, debt collection defense, and more.
Alabama State Bar Lawyer Referral
If you need to hire an attorney, the Alabama State Bar runs a lawyer referral service at 1-800-392-5660. The initial consultation costs no more than $50 for 30 minutes. This can help you find a lawyer who handles civil cases in Cherokee County and get basic advice about your situation.
Volunteer Lawyers Programs
Northeast Alabama has volunteer lawyer programs that connect low-income residents with attorneys who provide free help. These programs have income limits and only handle certain types of cases. Contact Legal Services Alabama for referrals to volunteer programs in the Cherokee County area.
The 9th Judicial Circuit
Cherokee County is part of the 9th Judicial Circuit along with DeKalb County. The two counties share circuit court judges who travel between the courthouses. This arrangement is common in rural Alabama where individual counties do not have enough caseload to justify full-time judges.
The 9th Circuit has both circuit court judges who handle major civil cases and district court judges who handle smaller matters. When you file a civil case in Cherokee County, it is assigned to a judge based on the type of case and the court's scheduling procedures.
Sharing a circuit with DeKalb County means that some judges may only be in Centre on certain days. If you have a court date, verify the date and time with the clerk office. Also check whether your case is assigned to a circuit judge or a district judge, as they have different schedules.
Search Civil Court Records
Use the search tool below to find civil court records from Cherokee County and other Alabama locations.
Cities and Towns in Cherokee County
Cherokee County includes several small municipalities. Civil court records for residents of these areas are all maintained at the county level by the Circuit Clerk in Centre. There are no cities in Cherokee County with populations over 100,000.
The communities in Cherokee County include Centre (the county seat with about 3,500 residents), Cedar Bluff, Gaylesville, Leesburg, and Sand Rock. The unincorporated area of the county also has a significant population. Regardless of where you live in the county, civil court matters are handled at the Cherokee County Courthouse in Centre.
Nearby Counties
The following counties border Cherokee County. Each maintains its own Circuit Clerk office for civil court records. If you are not sure which county a case was filed in, you may need to check multiple counties.
Cherokee County also borders the state of Georgia to the east. If the case you are looking for involves parties from Georgia, the case may have been filed there instead of in Alabama.