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https://law.justia.com/codes/alabama/title-6/chapter-6/article-1/division-1/section-6-6-3/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 1 - Settlement of Controversies.›Division 1 - Arbitration and Award.›Section 6-6-3 - Statement of Dispute; Naming of Arbitrators; Delivery of Submission With List of Wit...
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 1 - Settlement of Controversies. › Division 1 - Arbitration and Award. › Section 6-6-3 - Statement of Dispute; Naming of Arbitrators; Delivery of Submission With List of Witnesses.
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Section 6-6-3
Statement of dispute; naming of arbitrators; delivery of submission with list of witnesses.
The parties must concisely state in writing, signed by them, the matter in dispute between them and that they desire to leave the determination thereof to certain persons, naming them as arbitrators; and such submission must be delivered to the arbitrators, or one of them, together with a list of the witnesses either party may desire to examine.
(Code 1852, §2711; Code 1867, §3150; Code 1876, §3538; Code 1886, §3223; Code 1896, §510; Code 1907, §2910; Code 1923, §6158; Code 1940, T. 7, §831.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-1/division-1/section-6-6-4/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 1 - Settlement of Controversies.›Division 1 - Arbitration and Award.›Section 6-6-4 - Arbitrators - Duties Generally.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 1 - Settlement of Controversies. › Division 1 - Arbitration and Award. › Section 6-6-4 - Arbitrators - Duties Generally.
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Section 6-6-4
Arbitrators - Duties generally.
It is the duty of the arbitrators to appoint a time and place for hearing the parties and making their award, of which they must give the parties three days' notice; and if no cause is shown for a continuance, they must proceed to hear and determine the matters referred to them and make their award in writing, which must be signed by them and a copy thereof be delivered to each of the parties, their agents, or attorneys and the fact and date of such delivery endorsed on the original.
(Code 1852, §2712; Code 1867, §3151; Code 1876, §3539; Code 1886, §3224; Code 1896, §511; Code 1907, §2911; Code 1923, §6159; Code 1940, T. 7, §832.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-1/division-1/section-6-6-5/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 1 - Settlement of Controversies.›Division 1 - Arbitration and Award.›Section 6-6-5 - Arbitrators - Substitution; Award by Majority.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 1 - Settlement of Controversies. › Division 1 - Arbitration and Award. › Section 6-6-5 - Arbitrators - Substitution; Award by Majority.
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Section 6-6-5
Arbitrators - Substitution; award by majority.
(a) If any of the arbitrators fail to attend at the time and place designated and the parties appear, they may substitute others in their place or, if the parties cannot agree, the arbitrators present may themselves appoint others in their stead, of which they must make a memorandum on the submission.
(b) A majority of the arbitrators may make the award.
(Code 1852, §2713; Code 1867, §3152; Code 1876, §3540; Code 1886, §3225; Code 1896, §512; Code 1907, §2912; Code 1923, §6160; Code 1940, T. 7, §833.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-1/division-1/section-6-6-6/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 1 - Settlement of Controversies.›Division 1 - Arbitration and Award.›Section 6-6-6 - Arbitrators - Oath.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 1 - Settlement of Controversies. › Division 1 - Arbitration and Award. › Section 6-6-6 - Arbitrators - Oath.
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Section 6-6-6
Arbitrators - Oath.
Before making their award, the arbitrators must be sworn impartially to determine the matters submitted to them, according to the evidence and the manifest justice and equity of the case, to the best of their judgment and without favor or affection, which oath they may administer to each other or may be administered to them by any officer authorized to administer oaths.
(Code 1852, §2716; Code 1867, §3155; Code 1876, §3543; Code 1886, §3228; Code 1896, §515; Code 1907, §2915; Code 1923, §6163; Code 1940, T. 7, §836.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-1/division-1/section-6-6-7/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 1 - Settlement of Controversies.›Division 1 - Arbitration and Award.›Section 6-6-7 - Arbitrators - Power to Subpoena Witnesses, Administer Oaths and Take Depositions.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 1 - Settlement of Controversies. › Division 1 - Arbitration and Award. › Section 6-6-7 - Arbitrators - Power to Subpoena Witnesses, Administer Oaths and Take Depositions.
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Section 6-6-7
Arbitrators - Power to subpoena witnesses, administer oaths and take depositions.
The arbitrators, or either of them, have power to subpoena witnesses at the request of either of the parties and to administer all oaths which may be necessary in the progress of the case and must, on the application of either party, issue commission to take the deposition of any witness residing out of the county, which must be taken in the same manner as depositions in the circuit court.
(Code 1852, §2717; Code 1867, §3156; Code 1876, §3544; Code 1886, §3229; Code 1896, §516; Code 1907, §2916; Code 1923, §6164; Code 1940, T. 7, §837.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-1/division-1/section-6-6-8/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 1 - Settlement of Controversies.›Division 1 - Arbitration and Award.›Section 6-6-8 - Subpoena of Witnesses - Execution.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 1 - Settlement of Controversies. › Division 1 - Arbitration and Award. › Section 6-6-8 - Subpoena of Witnesses - Execution.
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Section 6-6-8
Subpoena of witnesses - Execution.
Subpoenas for witnesses may be executed by the sheriff, by any constable of the county, or by the parties themselves.
(Code 1852, §2719; Code 1867, §3158; Code 1876, §3545; Code 1886, §3230; Code 1896, §517; Code 1907, §2917; Code 1923, §6165; Code 1940, T. 7, §838.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-1/division-1/section-6-6-9/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 1 - Settlement of Controversies.›Division 1 - Arbitration and Award.›Section 6-6-9 - Subpoena of Witnesses - Liability on Default.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 1 - Settlement of Controversies. › Division 1 - Arbitration and Award. › Section 6-6-9 - Subpoena of Witnesses - Liability on Default.
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Section 6-6-9
Subpoena of witnesses - Liability on default.
Any witness duly summoned who fails to attend without sufficient excuse may be fined $10 for the use of the county, for the collection of which the arbitrators must issue execution; and such defaulting witness is also liable to the party summoning him for any injury sustained by the loss of his testimony, to be recovered before any court having jurisdiction.
(Code 1852, §2720; Code 1867, §3159; Code 1876, §3546; Code 1886, §3231; Code 1896, §518; Code 1907, §2918; Code 1923, §6166; Code 1940, T. 7, §839.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-1/division-1/section-6-6-10/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 1 - Settlement of Controversies.›Division 1 - Arbitration and Award.›Section 6-6-10 - Fees and Charges - Arbitrators, Witnesses, Sheriffs and Constables; How Paid.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 1 - Settlement of Controversies. › Division 1 - Arbitration and Award. › Section 6-6-10 - Fees and Charges - Arbitrators, Witnesses, Sheriffs and Constables; How Paid.
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Section 6-6-10
Fees and charges - Arbitrators, witnesses, sheriffs and constables; how paid.
The arbitrators are, if demanded by them, entitled each to $2 per day while actually engaged in the arbitration, the witnesses to $1 per day each and the sheriff or constable to the customary fees for executing subpoenas, all of which must be paid jointly by the parties unless the arbitrators otherwise determine.
(Code 1852, §2723; Code 1867, §3162; Code 1876, §3549; Code 1886, §3235; Code 1896, §520; Code 1907, §2920; Code 1923, §6168; Code 1940, T. 7, §841.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-1/division-1/section-6-6-11/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 1 - Settlement of Controversies.›Division 1 - Arbitration and Award.›Section 6-6-11 - Fees and Charges - Refusal to Testify or Deliver Award Until Paid; Recovery by Part...
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 1 - Settlement of Controversies. › Division 1 - Arbitration and Award. › Section 6-6-11 - Fees and Charges - Refusal to Testify or Deliver Award Until Paid; Recovery by Party Not Liable Therefor.
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Section 6-6-11
Fees and charges - Refusal to testify or deliver award until paid; recovery by party not liable therefor.
Any witness may refuse to testify until his fees are paid by the party summoning him, and the arbitrators may refuse to deliver copies of the award until all charges are paid; but if paid by a party not liable therefor, he may recover the same by action before any court having jurisdiction thereof, and the receipt of the arbitrators is presumptive evidence of the fact of payment and of the liability of the party therefor.
(Code 1852, §2724; Code 1867, §3163; Code 1876, §3550; Code 1886, §3236; Code 1896, §519; Code 1907, §2919; Code 1923, §6167; Code 1940, T. 7, §840.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-1/division-1/section-6-6-12/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 1 - Settlement of Controversies.›Division 1 - Arbitration and Award.›Section 6-6-12 - Award - Proceedings When Not Performed; Force and Effect.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 1 - Settlement of Controversies. › Division 1 - Arbitration and Award. › Section 6-6-12 - Award - Proceedings When Not Performed; Force and Effect.
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Section 6-6-12
Award - Proceedings when not performed; force and effect.
If the award is not performed in 10 days after notice and delivery of a copy thereof, the successful party may, if an action is pending, cause the award and the file of papers in the case to be returned to the court in which the action is pending or, if no action is pending, cause the submission and award to be returned to the clerk of the circuit court of the county in which the award is made. Such award has the force and effect of a judgment, upon which execution may issue as in other cases.
(Code 1852, §2714; Code 1867, §3153; Code 1876, §3541; Code 1886, §3226; Code 1896, §513; Code 1907, §2913; Code 1923, §6161; Code 1940, T. 7, §834.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-1/division-1/section-6-6-13/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 1 - Settlement of Controversies.›Division 1 - Arbitration and Award.›Section 6-6-13 - Award - Enforcement.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 1 - Settlement of Controversies. › Division 1 - Arbitration and Award. › Section 6-6-13 - Award - Enforcement.
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Section 6-6-13
Award - Enforcement.
If the award is for the delivery of property or to do or omit to do any particular act, on notice and motion to the court, performance may be enforced by attachment or other appropriate writ.
(Code 1852, §2715; Code 1867, §3154; Code 1876, §3542; Code 1886, §3227; Code 1896, §514; Code 1907, §2914; Code 1923, §6162; Code 1940, T. 7, §835.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-1/division-1/section-6-6-14/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 1 - Settlement of Controversies.›Division 1 - Arbitration and Award.›Section 6-6-14 - Award - Conclusive Between Parties and Final; Exceptions.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 1 - Settlement of Controversies. › Division 1 - Arbitration and Award. › Section 6-6-14 - Award - Conclusive Between Parties and Final; Exceptions.
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Section 6-6-14
Award - Conclusive between parties and final; exceptions.
An award made substantially in compliance with the provisions of this division is conclusive between the parties thereto and their privies as to the matter submitted and cannot be inquired into or impeached for want of form or for irregularity if the award determines the matter or controversy submitted, and such award is final, unless the arbitrators are guilty of fraud, partiality, or corruption in making it.
(Code 1852, §2721; Code 1867, §3160; Code 1876, §3547; Code 1886, §3232; Code 1896, §521; Code 1907, §2921; Code 1923, §6169; Code 1940, T. 7, §842.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-1/division-1/section-6-6-15/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 1 - Settlement of Controversies.›Division 1 - Arbitration and Award.›Section 6-6-15 - Award - Appeals.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 1 - Settlement of Controversies. › Division 1 - Arbitration and Award. › Section 6-6-15 - Award - Appeals.
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Section 6-6-15
Award - Appeals.
Either party may appeal from an award under this division. Notice of the appeal to the appropriate appellate court shall be filed within 10 days after receipt of notice of the award and shall be filed with the clerk or register of the circuit court where the action is pending or, if no action is pending, then in the office of the clerk or register of the circuit court of the county where the award is made. The notice of appeal, together with a copy of the award, signed by the arbitrators or a majority of them, shall be delivered with the file of papers or with the submission, as the case may be, to the court to which the award is returnable; and the clerk or register shall enter the award as the judgement of the court. Thereafter, unless within 10 days the court shall set aside the award for one or more of the causes specified in Section 6-6-14, the judgment shall become final and an appeal shall lie as in other cases. In the event the award shall be set aside, such action shall be a final judgement from which an appeal shall lie as in other cases.
(Code 1876, §3547; Code 1886, §3233; Code 1896, §522; Code 1907, §2922; Code 1923, §6170; Code 1940, T. 7, §843.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-1/division-1/section-6-6-16/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 1 - Settlement of Controversies.›Division 1 - Arbitration and Award.›Section 6-6-16 - Common-Law Arbitration Not Precluded.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 1 - Settlement of Controversies. › Division 1 - Arbitration and Award. › Section 6-6-16 - Common-Law Arbitration Not Precluded.
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Section 6-6-16
Common-law arbitration not precluded.
Nothing contained in this division shall prevent any person or persons from settling any matters of controversy by a reference to arbitration at common law.
(Code 1852, §2722; Code 1867, §2161; Code 1876, §3548; Code 1886, §3234; Code 1896, §523; Code 1907, §2923; Code 1923, §6171; Code 1940, T. 7, §844.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-1/division-2/section-6-6-20/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 1 - Settlement of Controversies.›Division 2 - Mandatory Mediation Prior to Trial.›Section 6-6-20 - Definition; Instances Requiring Mediation; Sanctions; Exceptions; Etc.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 1 - Settlement of Controversies. › Division 2 - Mandatory Mediation Prior to Trial. › Section 6-6-20 - Definition; Instances Requiring Mediation; Sanctions; Exceptions; Etc.
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Section 6-6-20
Definition; instances requiring mediation; sanctions; exceptions; etc.
(a) For purposes of this section, "mediation" means a process in which a neutral third party assists the parties to a civil action in reaching their own settlement but does not have the authority to force the parties to accept a binding decision.
(b) Mediation is mandatory for all parties in the following instances:
(1) At any time where all parties agree.
(2) Upon motion by any party. The party asking for mediation shall pay the costs of mediation, except attorney fees, unless otherwise agreed.
(3) In the event no party requests mediation, the trial court may, on its own motion, order mediation. The trial court may allocate the costs of mediation, except attorney fees, among the parties.
(c) If any party fails to mediate as required by this section, the court may apply such sanctions as it deems appropriate pursuant to Rule 37 of the Alabama Rules of Civil Procedure.
(d) A court shall not order parties into mediation for resolution of the issues in a petition for an order for protection pursuant to The Protection from Abuse Act, Sections 30-5-1 through 30-5-10 or in any other petition for an order for protection where domestic violence is alleged.
(e) In a proceeding concerning the custody or visitation of a child, if an order for protection is in effect or if the court finds that domestic violence has occurred, the court shall not order mediation.
(f) A mediator who receives a referral or order from a court to conduct mediation shall screen for the occurrence of domestic or family violence between the parties. Where evidence of domestic violence exists mediation shall occur only if:
(1) Mediation is requested by the victim of the alleged domestic or family violence;
(2) Mediation is provided by a certified mediator who is trained in domestic and family violence in a specialized manner that protects the safety of the victim; and
(3) The victim is permitted to have in attendance at mediation a supporting person of his or her choice, including, but not limited to, an attorney or advocate.
(g) Where a claim of immunity is offered as a defense, the court shall dispose of the immunity issue before any mediation is conducted.
(h) A court shall not order parties into mediation in any action involving child support, adult protective services, or child protective services wherein the Department of Human Resources is a party to said action.
(Acts 1996, No. 96-515, p. 659, §1.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-1/division-3/section-6-6-25/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 1 - Settlement of Controversies.›Division 3 - Mediator May Not Be Compelled to Testify or Provide Documents.›Section 6-6-25 - Definitions; Legislative Findings; Compelled Testimony, etc., of Mediators.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 1 - Settlement of Controversies. › Division 3 - Mediator May Not Be Compelled to Testify or Provide Documents. › Section 6-6-25 - Definitions; Legislative Findings; Compelled Testimony, etc., of Mediators.
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Section 6-6-25
Definitions; legislative findings; compelled testimony, etc., of mediators.
(a) For the purposes of this section, the following words shall have the following meanings:
(1) MEDIATION. A process in which a mediator acts to encourage and facilitate the resolution of a dispute without imposing a settlement.
(2) MEDIATOR. A neutral third party conducting a mediation, including any co-mediators, employees, agents, or independent contractors of the mediator or co-mediator, and any person attending or observing the mediation for purposes of training.
(b) The Legislature finds that it is desirable to encourage public confidence in the use of alternative methods of dispute resolution by preventing a mediator from being compelled to testify or produce documents about a mediation.
(c) Except as otherwise permitted by the Alabama Civil Court Mediation Rules, a mediator may not be compelled in any adversary proceeding or judicial forum, including, but not limited to, a hearing on sanctions brought by one party against another party, to divulge the contents of documents received, viewed, or drafted during mediation or the fact that the documents exist, nor may the mediator be otherwise compelled to testify in regard to statements made, actions taken, or positions stated by a party during the mediation.
(Act 2008-387, p. 730, §§1-3.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-1/division-4/section-6-6-26/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 1 - Settlement of Controversies.›Division 4 - Alabama Uniform Collaborative Law Act.›Section 6-6-26 - Short Title.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 1 - Settlement of Controversies. › Division 4 - Alabama Uniform Collaborative Law Act. › Section 6-6-26 - Short Title.
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Section 6-6-26
Short title.
This division may be cited as the Alabama Uniform Collaborative Law Act.
(Act 2013-355, p. 1267, §1.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-1/division-4/section-6-6-26-01/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 1 - Settlement of Controversies.›Division 4 - Alabama Uniform Collaborative Law Act.›Section 6-6-26.01 - Definitions.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 1 - Settlement of Controversies. › Division 4 - Alabama Uniform Collaborative Law Act. › Section 6-6-26.01 - Definitions.
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Section 6-6-26.01
Definitions.
In this division:
(1) "Collaborative law communication" means a statement, whether oral or in a record, or verbal or nonverbal, that:
(A) is made to conduct, participate in, continue, or reconvene a collaborative law process; and
(B) occurs after the parties sign a collaborative law participation agreement and before the collaborative law process is concluded.
(2) "Collaborative law participation agreement" means an agreement by persons to participate in a collaborative law process.
(3) "Collaborative law process" means a procedure intended to resolve a collaborative matter without intervention by a tribunal in which persons:
(A) sign a collaborative law participation agreement; and
(B) are represented by collaborative lawyers.
(4) "Collaborative lawyer" means a lawyer who represents a party in a collaborative law process.
(5) "Collaborative matter" means a dispute, transaction, claim, problem, or issue for resolution, including a dispute, claim, or issue in a proceeding, which is described in a collaborative law participation agreement and arises under the family or domestic relations law of this state, including, but not limited to, the following:
(A) marriage, divorce, dissolution, annulment, and property distribution;
(B) child custody, visitation, and parenting time;
(C) alimony, maintenance, and child support;
(D) adoption and other probate court matters involving families and children;
(E) parentage; and
(F) premarital, marital, and post-marital agreements.
(6) "Law firm" means a lawyer or lawyers in a private firm, lawyers employed in the legal department of a corporation or other organization, and lawyers employed in a legal services organization.
(7) "Nonparty participant" means a person, other than a party and the party's collaborative lawyer, that participates in a collaborative law process.
(8) "Party" means a person that signs a collaborative law participation agreement and whose consent is necessary to resolve a collaborative matter.
(9) "Person" means an individual or entity including those acting in a fiduciary capacity, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.
(10) "Proceeding" means:
(A) a judicial, administrative, arbitral, or other adjudicative process before a tribunal, including related prehearing and post-hearing motions, conferences, and discovery; or
(B) a legislative hearing or similar process.
(11) "Prospective party" means a person that discusses with a prospective collaborative lawyer the possibility of signing a collaborative law participation agreement.
(12) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(13) "Related to a collaborative matter" means involving the same parties, transaction or occurrence, nucleus of operative fact, dispute, claim, or issue as the collaborative matter.
(14) "Sign" means, with present intent to authenticate or adopt a record:
(A) to execute or adopt a tangible symbol; or
(B) to attach to or logically associate with the record an electronic symbol, sound, or process.
(15) "Tribunal" means:
(A) a court, arbitrator, administrative agency, or other body acting in an adjudicative capacity which, after presentation of evidence or legal argument, has jurisdiction to render a decision affecting a party's interests in a matter; or
(B) a legislative body conducting a hearing or similar process.
(Act 2013-355, p. 1267, §2.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-1/division-4/section-6-6-26-02/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 1 - Settlement of Controversies.›Division 4 - Alabama Uniform Collaborative Law Act.›Section 6-6-26.02 - Applicability.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 1 - Settlement of Controversies. › Division 4 - Alabama Uniform Collaborative Law Act. › Section 6-6-26.02 - Applicability.
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Section 6-6-26.02
Applicability.
This division applies to a collaborative law participation agreement that meets the requirements of Section 6-6-26.03 signed on or after January 1, 2014.
(Act 2013-355, p. 1267, §3.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-1/division-4/section-6-6-26-03/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 1 - Settlement of Controversies.›Division 4 - Alabama Uniform Collaborative Law Act.›Section 6-6-26.03 - Collaborative Law Participation Agreement; Requirements.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 1 - Settlement of Controversies. › Division 4 - Alabama Uniform Collaborative Law Act. › Section 6-6-26.03 - Collaborative Law Participation Agreement; Requirements.
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Section 6-6-26.03
Collaborative law participation agreement; requirements.
(a) A collaborative law participation agreement must:
(1) be in a record;
(2) be signed by the parties;
(3) state the parties' intention to resolve a collaborative matter through a collaborative law process under this division;
(4) describe the nature and scope of the matter and the collaborative law process;
(5) identify the collaborative lawyer who represents each party in the process;
(6) contain a statement by each collaborative lawyer confirming the lawyer's representation of a party in the collaborative law process;
(7) contain a provision informing the client that the collaborative lawyer and his or her law firm must withdraw from their representation of the client should the collaborative law process terminate under subsection (d) of Section 6-6-26.04; and
(8) contain a statement explaining the disclosure of information required under Section 6-6-26.11.
(b) Parties may agree to include in a collaborative law participation agreement additional provisions not inconsistent with this division.
(Act 2013-355, p. 1267, §4.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-1/division-4/section-6-6-26-04/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 1 - Settlement of Controversies.›Division 4 - Alabama Uniform Collaborative Law Act.›Section 6-6-26.04 - Beginning and Concluding Collaborative Law Process.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 1 - Settlement of Controversies. › Division 4 - Alabama Uniform Collaborative Law Act. › Section 6-6-26.04 - Beginning and Concluding Collaborative Law Process.
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Section 6-6-26.04
Beginning and concluding collaborative law process.
(a) A collaborative law process begins when the parties sign a collaborative law participation agreement.
(b) A tribunal may not order a party to participate in a collaborative law process over that party's objection.
(c) A collaborative law process is concluded by a:
(1) resolution of a collaborative matter as evidenced by a signed record;
(2) resolution of a part of the collaborative matter, evidenced by a signed record, in which the parties agree that the remaining parts of the matter will not be resolved in the process; or
(3) termination of the process.
(d) A collaborative law process terminates:
(1) when a party gives notice to other parties in a record that the process is ended;
(2) when a party:
(A) begins a proceeding related to a collaborative matter without the agreement of all parties; or
(B) in a pending proceeding related to the matter:
(i) initiates a pleading, motion, order to show cause, or request for a conference with the tribunal;
(ii) requests that the proceeding be put on the tribunal's active calendar; or
(iii) takes similar action requiring notice to be sent to the parties; or
(3) except as otherwise provided by subsection (g), when a party discharges a collaborative lawyer or a collaborative lawyer withdraws from further representation of a party.
(e) A party's collaborative lawyer shall give prompt notice to all other parties in a record of a discharge or withdrawal.
(f) A party may terminate a collaborative law process with or without cause.
(g) Notwithstanding the discharge or withdrawal of a collaborative lawyer, a collaborative law process continues, if not later than 30 days after the date that the notice of the discharge or withdrawal of a collaborative lawyer required by subsection (e) is sent to the parties:
(1) the unrepresented party engages a successor collaborative lawyer; and
(2) in a signed record:
(A) the parties consent to continue the process by reaffirming the collaborative law participation agreement;
(B) the agreement is amended to identify the successor collaborative lawyer; and
(C) the successor collaborative lawyer confirms the lawyer's representation of a party in the collaborative process.
(h) A collaborative law process does not conclude if, with the consent of the parties, a party requests a tribunal to approve a resolution of the collaborative matter or any part thereof as evidenced by a signed record.
(i) A collaborative law participation agreement may provide additional methods of concluding a collaborative law process.
(Act 2013-355, p. 1267, §5.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-1/division-4/section-6-6-26-05/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 1 - Settlement of Controversies.›Division 4 - Alabama Uniform Collaborative Law Act.›Section 6-6-26.05 - Proceedings Pending Before Tribunal; Status Report.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 1 - Settlement of Controversies. › Division 4 - Alabama Uniform Collaborative Law Act. › Section 6-6-26.05 - Proceedings Pending Before Tribunal; Status Report.
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Section 6-6-26.05
Proceedings pending before tribunal; status report.
(a) Persons in a proceeding pending before a tribunal may sign a collaborative law participation agreement to seek to resolve a collaborative matter related to the proceeding. The parties shall file promptly with the tribunal a notice of the agreement after it is signed. Subject to subsection (c) and Sections 6-6-26.06 and 6-6-26.07, the filing operates as an application for a stay of the proceeding.
(b) The parties shall file promptly with the tribunal notice in a record when a collaborative law process concludes by agreement of the parties or by either party if the process is terminated. The stay of the proceeding under subsection (a) is lifted when the notice is filed. The notice may not specify any reason for termination of the process.
(c) A tribunal in which a proceeding is stayed under subsection (a) may require the parties and collaborative lawyers to provide a status report on the collaborative law process and the proceeding. A status report may include only information on whether the process is ongoing or concluded. It may not include a report, assessment, evaluation, recommendation, finding, or other communication regarding a collaborative law process or collaborative law matter.
(d) A tribunal may not consider a communication made in violation of subsection (c).
(e) A tribunal shall provide parties notice and an opportunity to be heard before dismissing a proceeding in which a notice of collaborative process is filed based on delay or failure to prosecute.
(Act 2013-355, p. 1267, §6.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-1/division-4/section-6-6-26-06/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 1 - Settlement of Controversies.›Division 4 - Alabama Uniform Collaborative Law Act.›Section 6-6-26.06 - Emergency Order.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 1 - Settlement of Controversies. › Division 4 - Alabama Uniform Collaborative Law Act. › Section 6-6-26.06 - Emergency Order.
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Section 6-6-26.06
Emergency order.
During a collaborative law process, a tribunal may issue emergency orders to protect the health, safety, welfare, or interest of a party or a child of either party.
(Act 2013-355, p. 1267, §7.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-1/division-4/section-6-6-26-07/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 1 - Settlement of Controversies.›Division 4 - Alabama Uniform Collaborative Law Act.›Section 6-6-26.07 - Approval of Agreement by Tribunal.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 1 - Settlement of Controversies. › Division 4 - Alabama Uniform Collaborative Law Act. › Section 6-6-26.07 - Approval of Agreement by Tribunal.
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Section 6-6-26.07
Approval of agreement by tribunal.
A tribunal may approve an agreement resulting from a collaborative law process.
(Act 2013-355, p. 1267, §8.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-1/division-4/section-6-6-26-08/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 1 - Settlement of Controversies.›Division 4 - Alabama Uniform Collaborative Law Act.›Section 6-6-26.08 - Disqualification of Collaborative Lawyer and Lawyers in Associated Law Firm.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 1 - Settlement of Controversies. › Division 4 - Alabama Uniform Collaborative Law Act. › Section 6-6-26.08 - Disqualification of Collaborative Lawyer and Lawyers in Associated Law Firm.
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Section 6-6-26.08
Disqualification of collaborative lawyer and lawyers in associated law firm.
(a) Except as otherwise provided in subsection (c), a collaborative lawyer is disqualified from appearing before a tribunal to represent a party in a proceeding related to the collaborative matter. This disqualification is not subject to waiver by the parties.
(b) Except as otherwise provided in subsection (c), a lawyer in a law firm with which the collaborative lawyer is associated is disqualified from appearing before a tribunal to represent a party in a proceeding related to the collaborative matter if the collaborative lawyer is disqualified from doing so under subsection (a) or other court order.
(c) A collaborative lawyer or a lawyer in a law firm with which the collaborative lawyer is associated may represent a party:
(1) to ask a tribunal to approve an agreement resulting from the collaborative law process and prepare and file all documents necessary to obtain a final order; or
(2) to seek or defend an emergency order to protect the health, safety, welfare, or interest of a party, or the party's child including, but not limited to, a proceeding filed under the Protection from Abuse Act, Chapter 5 of Title 30, if a successor lawyer is not immediately available to represent that person.
(d) If subsection (c)(2) applies, a collaborative lawyer, or lawyer in a law firm with which the collaborative lawyer is associated, may represent a party or the party's child only until the person is represented by a successor lawyer or reasonable measures are taken to protect the health, safety, welfare, or interest of the person.
(Act 2013-355, p. 1267, §9.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-1/division-4/section-6-6-26-09/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 1 - Settlement of Controversies.›Division 4 - Alabama Uniform Collaborative Law Act.›Section 6-6-26.09 - Low Income Parties.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 1 - Settlement of Controversies. › Division 4 - Alabama Uniform Collaborative Law Act. › Section 6-6-26.09 - Low Income Parties.
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Section 6-6-26.09
Low income parties.
[Reserved]
(Act 2013-355, p. 1267, §10.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-1/division-4/section-6-6-26-10/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 1 - Settlement of Controversies.›Division 4 - Alabama Uniform Collaborative Law Act.›Section 6-6-26.10 - Governmental Entity as Party.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 1 - Settlement of Controversies. › Division 4 - Alabama Uniform Collaborative Law Act. › Section 6-6-26.10 - Governmental Entity as Party.
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Section 6-6-26.10
Governmental entity as party.
[Reserved]
(Act 2013-355, p. 1267, §11.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-1/division-4/section-6-6-26-11/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 1 - Settlement of Controversies.›Division 4 - Alabama Uniform Collaborative Law Act.›Section 6-6-26.11 - Disclosure of Information.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 1 - Settlement of Controversies. › Division 4 - Alabama Uniform Collaborative Law Act. › Section 6-6-26.11 - Disclosure of Information.
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Section 6-6-26.11
Disclosure of information.
(a) Except as provided by law other than this division, during the collaborative law process, a party shall make timely, full, candid, and informal disclosure of information related to the collaborative matter without formal discovery. A party also shall update promptly previously disclosed information that has materially changed.
(b) The parties may define the scope of disclosure under subsection (a) during the collaborative law process.
(Act 2013-355, p. 1267, §12.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-1/division-4/section-6-6-26-12/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 1 - Settlement of Controversies.›Division 4 - Alabama Uniform Collaborative Law Act.›Section 6-6-26.12 - Standards of Professional Responsibility and Mandatory Reporting Not Affected.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 1 - Settlement of Controversies. › Division 4 - Alabama Uniform Collaborative Law Act. › Section 6-6-26.12 - Standards of Professional Responsibility and Mandatory Reporting Not Affected.
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Section 6-6-26.12
Standards of professional responsibility and mandatory reporting not affected.
This division does not affect:
(1) the professional responsibility obligations and standards applicable to a lawyer or other licensed professional; or
(2) the obligation of a person to report abuse or neglect, abandonment, or exploitation of a child or adult under the law of this state.
(Act 2013-355, p. 1267, §13.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-1/division-4/section-6-6-26-13/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 1 - Settlement of Controversies.›Division 4 - Alabama Uniform Collaborative Law Act.›Section 6-6-26.13 - Appropriateness of Collaborative Law Process.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 1 - Settlement of Controversies. › Division 4 - Alabama Uniform Collaborative Law Act. › Section 6-6-26.13 - Appropriateness of Collaborative Law Process.
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Section 6-6-26.13
Appropriateness of collaborative law process.
Before a prospective party signs a collaborative law participation agreement, a prospective collaborative lawyer shall:
(1) assess with the prospective party factors the lawyer reasonably believes relate to whether a collaborative law process is appropriate for the prospective party's matter;
(2) provide the prospective party with information that the lawyer reasonably believes is sufficient for the party to make an informed decision about the material benefits and risks of a collaborative law process as compared to the material benefits and risks of other reasonably available alternatives for resolving the proposed collaborative matter; and
(3) advise the prospective party that:
(A) after signing an agreement if a party initiates a proceeding or seeks tribunal intervention in a pending proceeding related to the collaborative matter, the collaborative law process terminates;
(B) participation in a collaborative law process is voluntary and any party has the right to terminate unilaterally a collaborative law process with or without cause; and
(C) the collaborative lawyer and any lawyer in a law firm with which the collaborative lawyer is associated may not appear before a tribunal to represent a party in a proceeding related to the collaborative matter, except as authorized by subsection (c) of Section 6-6-26.08.
(Act 2013-355, p. 1267, §14.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-1/division-4/section-6-6-26-14/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 1 - Settlement of Controversies.›Division 4 - Alabama Uniform Collaborative Law Act.›Section 6-6-26.14 - Coercive or Violent Relationship.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 1 - Settlement of Controversies. › Division 4 - Alabama Uniform Collaborative Law Act. › Section 6-6-26.14 - Coercive or Violent Relationship.
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Section 6-6-26.14
Coercive or violent relationship.
(a) Before a prospective party signs a collaborative law participation agreement, a prospective collaborative lawyer shall make reasonable inquiry whether the prospective party has a history of a coercive or violent relationship with another prospective party.
(b) Throughout a collaborative law process, a collaborative lawyer reasonably and continuously shall assess whether the party the collaborative lawyer represents has a history of a coercive or violent relationship with another party.
(c) If a collaborative lawyer reasonably believes that the party the lawyer represents or the prospective party who consults the lawyer has a history of a coercive or violent relationship with another party or prospective party, the lawyer may not begin or continue a collaborative law process unless:
(1) the party or the prospective party requests beginning or continuing a process; and
(2) the collaborative lawyer reasonably believes that the safety of the party or prospective party can be protected adequately during a process.
(Act 2013-355, p. 1267, §15.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-1/division-4/section-6-6-26-15/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 1 - Settlement of Controversies.›Division 4 - Alabama Uniform Collaborative Law Act.›Section 6-6-26.15 - Confidentiality of Collaborative Law Communication.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 1 - Settlement of Controversies. › Division 4 - Alabama Uniform Collaborative Law Act. › Section 6-6-26.15 - Confidentiality of Collaborative Law Communication.
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Section 6-6-26.15
Confidentiality of collaborative law communication.
A collaborative law communication is confidential except to the extent agreed by the parties in a signed record or as provided by law of this state other than this division.
(Act 2013-355, p. 1267, §16.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-1/division-4/section-6-6-26-16/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 1 - Settlement of Controversies.›Division 4 - Alabama Uniform Collaborative Law Act.›Section 6-6-26.16 - Privilege Against Disclosure for Collaborative Law Communication; Admissibility;...
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 1 - Settlement of Controversies. › Division 4 - Alabama Uniform Collaborative Law Act. › Section 6-6-26.16 - Privilege Against Disclosure for Collaborative Law Communication; Admissibility; Discovery.
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Section 6-6-26.16
Privilege against disclosure for collaborative law communication; admissibility; discovery.
[Reserved]
(Act 2013-355, p. 1267, §17.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-1/division-4/section-6-6-26-17/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 1 - Settlement of Controversies.›Division 4 - Alabama Uniform Collaborative Law Act.›Section 6-6-26.17 - Waiver and Preclusion of Privilege.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 1 - Settlement of Controversies. › Division 4 - Alabama Uniform Collaborative Law Act. › Section 6-6-26.17 - Waiver and Preclusion of Privilege.
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Section 6-6-26.17
Waiver and preclusion of privilege.
[Reserved]
(Act 2013-355, p. 1267, §18.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-1/division-4/section-6-6-26-18/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 1 - Settlement of Controversies.›Division 4 - Alabama Uniform Collaborative Law Act.›Section 6-6-26.18 - Limits of Privilege.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 1 - Settlement of Controversies. › Division 4 - Alabama Uniform Collaborative Law Act. › Section 6-6-26.18 - Limits of Privilege.
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Section 6-6-26.18
Limits of privilege.
[Reserved]
(Act 2013-355, p. 1267, §19.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-1/division-4/section-6-6-26-19/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 1 - Settlement of Controversies.›Division 4 - Alabama Uniform Collaborative Law Act.›Section 6-6-26.19 - Authority of Tribunal in Case of Noncompliance.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 1 - Settlement of Controversies. › Division 4 - Alabama Uniform Collaborative Law Act. › Section 6-6-26.19 - Authority of Tribunal in Case of Noncompliance.
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Section 6-6-26.19
Authority of tribunal in case of noncompliance.
(a) If an agreement fails to meet the requirements of Section 6-6-26.03, or a lawyer fails to comply with Section 6-6-26.13 or 6-6-26.14, a tribunal may nonetheless find that the parties intended to enter into a collaborative law participation agreement if they:
(1) signed a record indicating an intention to enter into a collaborative law participation agreement; and
(2) reasonably believed they were participating in a collaborative law process.
(b) If a tribunal makes the findings specified in subsection (a), and the interests of justice require, the tribunal may:
(1) enforce an agreement evidenced by a record resulting from the process in which the parties participated;
(2) apply the disqualification provisions of Sections 6-6-26.04, 6-6-26.05, and 6-6-26.08; and
(3) apply any privilege under law.
(Act 2013-355, p. 1267, §20.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-1/division-4/section-6-6-26-20/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 1 - Settlement of Controversies.›Division 4 - Alabama Uniform Collaborative Law Act.›Section 6-6-26.20 - Uniformity of Application and Construction.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 1 - Settlement of Controversies. › Division 4 - Alabama Uniform Collaborative Law Act. › Section 6-6-26.20 - Uniformity of Application and Construction.
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Section 6-6-26.20
Uniformity of application and construction.
In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
(Act 2013-355, p. 1267, §21.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-1/division-4/section-6-6-26-21/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 1 - Settlement of Controversies.›Division 4 - Alabama Uniform Collaborative Law Act.›Section 6-6-26.21 - Relation to Electronic Signatures in Global and National Commerce Act.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 1 - Settlement of Controversies. › Division 4 - Alabama Uniform Collaborative Law Act. › Section 6-6-26.21 - Relation to Electronic Signatures in Global and National Commerce Act.
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Section 6-6-26.21
Relation to Electronic Signatures in Global and National Commerce Act.
This division modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001, et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C Section 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Section 7003(b).
(Act 2013-355, p. 1267, §22.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-2/division-1/section-6-6-30/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 2 - Attachment.›Division 1 - General Provisions.›Section 6-6-30 - Applicability of Article to Private Corporations.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 2 - Attachment. › Division 1 - General Provisions. › Section 6-6-30 - Applicability of Article to Private Corporations.
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Section 6-6-30
Applicability of article to private corporations.
The provisions of this article are applicable to all private corporations, and all affidavits or answers required to be made under any of its provisions may be made by the president, cashier, secretary, or any other duly authorized agent of such corporations; and such corporations may do and be dealt with under its provisions in the same manner as if they were natural persons.
(Code 1867, §2942; Code 1876, §3267; Code 1886, §2944; Code 1896, §539; Code 1907, §2939; Code 1923, §6187; Code 1940, T. 7, §860.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-2/division-2/section-6-6-40/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 2 - Attachment.›Division 2 - Issuance.›Section 6-6-40 - Form.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 2 - Attachment. › Division 2 - Issuance. › Section 6-6-40 - Form.
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Section 6-6-40
Form.
The form of attachment must be in substance as follows, but no objection shall be taken for any defect in form if the essential matters are set forth:
The State of Alabama,
_______ county
To any sheriff of the State of Alabama:
Whereas A. B. (or C. D., as the agent or attorney of A. B., as the case may be) hath complained on oath to me, E. F., judge of the circuit court of said state (or district court judge, or judge of the probate court or clerk of the circuit court of said county or as the case may be), that G. H. is (or will be, as the case may be) justly indebted to the plaintiff in the sum of _____ dollars, and the plaintiff having made affidavit and given bond as required by law in such cases, you are hereby commanded to attach so much of the estate of G. H. as will be of value to satisfy the said debt and costs, according to the complaint, and such estate, unless replevied, so to secure that the same may be liable to further proceedings thereon, to be had in the circuit court for the county of _______, to be held at the courthouse thereof; when and where you must make known how you have executed this writ.
Witness my hand, this, etc.
E. F., clerk.
(Code 1852, §2514; Code 1867, §2939; Code 1876, §3264; Code 1886, §2941; Code 1896, §536; Code 1907, §2936; Code 1923, §6184; Code 1940, T. 7, §857.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 2 - Attachment.›Division 2 - Issuance.›Section 6-6-41 - Matters for Which Issued.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 2 - Attachment. › Division 2 - Issuance. › Section 6-6-41 - Matters for Which Issued.
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Section 6-6-41
Matters for which issued.
Attachments may issue:
(1) To enforce the collection of a debt, whether it be due or not, at the time the attachment is taken out;
(2) For any moneyed demand, the amount of which can be certainly ascertained;
(3) To recover damages for a breach of contract, when the damages are not certain or liquidated; or
(4) When the action sounds in damages merely.
(Code 1852, §2503; Code 1867, §2927; Code 1876, §3252; Code 1886, §2929; Code 1896, §524; Code 1907, §2924; Code 1923, §6172; Code 1940, T. 7, §845.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-2/division-2/section-6-6-42/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 2 - Attachment.›Division 2 - Issuance.›Section 6-6-42 - Cases in Which Issued.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 2 - Attachment. › Division 2 - Issuance. › Section 6-6-42 - Cases in Which Issued.
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Section 6-6-42
Cases in which issued.
In the following cases attachments may issue:
(1) When the defendant resides out of the state;
(2) When the defendant absconds;
(3) When the defendant secretes himself so that the ordinary process of law cannot be served on him;
(4) When the defendant is about to remove out of the state;
(5) When the defendant is about to remove his property out of the state, so that the plaintiff will probably lose his debt or have to sue for it in another state;
(6) When the defendant is about fraudulently to dispose of his property;
(7) When the defendant has fraudulently disposed of his property; or
(8) When the defendant has moneys, property or effects liable to satisfy his debts which he fraudulently withholds.
(Code 1852, §2504; Code 1867, §2938; Code 1876, §3253; Code 1886, §2930; Code 1896, §525; Code 1907, §2925; Code 1923, §6173; Code 1940, T. 7, §846.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-2/division-2/section-6-6-43/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 2 - Attachment.›Division 2 - Issuance.›Section 6-6-43 - By Whom Issued.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 2 - Attachment. › Division 2 - Issuance. › Section 6-6-43 - By Whom Issued.
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Section 6-6-43
By whom issued.
In the first and second cases mentioned in Section 6-6-41, an attachment may be issued by any judge of the circuit court, returnable to any county in the state, or by the clerk of the circuit court, judge of probate or any district court judge, within their respective counties; in the third and fourth cases, only by a judge of the circuit court or judge of probate, returnable to any county.
(Code 1852, §2505; Code 1867, §2929; Code 1876, §3254; Code 1886, §2931; Code 1896, §526; Code 1907, §2926; Code 1923, §6174; Code 1940, T. 7, §847.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 2 - Attachment.›Division 2 - Issuance.›Section 6-6-44 - Oath of Plaintiff.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 2 - Attachment. › Division 2 - Issuance. › Section 6-6-44 - Oath of Plaintiff.
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Section 6-6-44
Oath of plaintiff.
The officer, before issuing the attachment in the first two cases mentioned in Section 6-6-41, must require the plaintiff, his agent or attorney to make oath of the amount of the debt or demand and that it is justly due, or to become due, that one of the causes enumerated in Section 6-6-42 exists and that the attachment is not sued out for the purpose of vexing or harassing the defendant; and such oath must be reduced to writing and subscribed by the party making it.
(Code 1852, §2506; Code 1867, §2930; Code 1876, §3255; Code 1886, §2932; Code 1896, §527; Code 1907, §2927; Code 1923, §6175; Code 1940, T. 7, §848.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 2 - Attachment.›Division 2 - Issuance.›Section 6-6-45 - Execution of Bond by Plaintiff; Discharge of Levy.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 2 - Attachment. › Division 2 - Issuance. › Section 6-6-45 - Execution of Bond by Plaintiff; Discharge of Levy.
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Section 6-6-45
Execution of bond by plaintiff; discharge of levy.
Such officer must, when the attachment is sued out otherwise than upon the ground that the defendant is a nonresident, further require the plaintiff, his agent, or attorney to execute a bond in double the amount claimed, with sufficient surety, payable to the defendant, with the condition that the plaintiff will prosecute the attachment to effect and pay the defendant all such damages as he may sustain by the wrongful or vexatious suing out of such attachment. When the attachment is sued out upon the ground that the defendant is a nonresident, such officer shall issue the writ with or without a bond being given, as the plaintiff may elect. If such attachment is issued without bond, that fact must be endorsed on the writ. Should the defendant before the return day thereof, in person or through his agent or attorney, make an unqualified appearance in the case, it is the duty of the clerk to issue notice to the plaintiff or his attorney of the fact of such appearance. Unless, within five days after the service of such notice, the plaintiff shall make bond payable to the defendant in double the amount sued for, such levy shall be discharged.
(Code 1852, §2507; Code 1867, §2931; Code 1876, §3256; Code 1886, §2933; Code 1896, §528; Code 1907, §2928; Code 1923, §6176; Code 1940, T. 7, §849.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 2 - Attachment.›Division 2 - Issuance.›Section 6-6-46 - When Additional Affidavit of Special Facts and Circumstances to Determine Amount of...
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 2 - Attachment. › Division 2 - Issuance. › Section 6-6-46 - When Additional Affidavit of Special Facts and Circumstances to Determine Amount of Levy Required; Reduction of Sum.
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Section 6-6-46
When additional affidavit of special facts and circumstances to determine amount of levy required; reduction of sum.
When an attachment is applied for in the cases provided for in the third and fourth subdivisions of Section 6-6-41, the judge, before issuing it, must require the plaintiff, his agent or attorney, in addition to the affidavit and bond required in other cases, to make affidavit in writing of the special facts and circumstances so as to enable him to determine the amount for which a levy must be made, which sum may, at the discretion of the court, be reduced at the return of the attachment, on affidavit of the defendant, and the levy released to the amount of such reduction.
(Code 1852, §2508; Code 1867, §2932; Code 1876, §3257; Code 1886, §2934; Code 1896, §529; Code 1907, §2929; Code 1923, §6177; Code 1940, T. 7, §850.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-2/division-2/section-6-6-47/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 2 - Attachment.›Division 2 - Issuance.›Section 6-6-47 - By Executors and Administrators.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 2 - Attachment. › Division 2 - Issuance. › Section 6-6-47 - By Executors and Administrators.
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Section 6-6-47
By executors and administrators.
Executors and administrators may commence an action by attachment in their representative characters.
(Code 1852, §2519; Code 1867, §2946; Code 1876, §3271; Code 1886, §2948; Code 1896, §543; Code 1907, §2943; Code 1923, §6191; Code 1940, T. 7, §864.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-2/division-2/section-6-6-48/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 2 - Attachment.›Division 2 - Issuance.›Section 6-6-48 - By One Nonresident Against Another Nonresident.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 2 - Attachment. › Division 2 - Issuance. › Section 6-6-48 - By One Nonresident Against Another Nonresident.
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Section 6-6-48
By one nonresident against another nonresident.
A nonresident of this state may sue out an attachment against a nonresident for an existing debt or ascertained liability; but the plaintiff, his agent or attorney is required, in addition to the oath necessary in other cases, to swear that, according to the best of his knowledge, information and belief, the defendant has not sufficient property within the state of his residence wherefrom to satisfy the debt and must also give bond as in other cases, with surety resident in this state.
(Code 1852, §2509; Code 1867, §2933; Code 1876, §3258; Code 1886, §2935; Code 1896, §530; Code 1907, §2930; Code 1923, §6178; Code 1940, T. 7, §851.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-2/division-2/section-6-6-49/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 2 - Attachment.›Division 2 - Issuance.›Section 6-6-49 - By Foreign or Domestic Corporations.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 2 - Attachment. › Division 2 - Issuance. › Section 6-6-49 - By Foreign or Domestic Corporations.
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Section 6-6-49
By foreign or domestic corporations.
Corporations, either foreign or domestic, are entitled to process of attachment for the recovery of debts or ascertained demands due them, the president, cashier of the corporation, or an agent or attorney thereof making the affidavit and executing bond as in other cases.
(Code 1852, §2512; Code 1867, §2936; Code 1876, §3261; Code 1886, §2938; Code 1896, §533; Code 1907, §2933; Code 1923, §6181; Code 1940, T. 7, §854.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-2/division-2/section-6-6-50/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 2 - Attachment.›Division 2 - Issuance.›Section 6-6-50 - Security for Costs by Nonresident or Foreign Corporation.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 2 - Attachment. › Division 2 - Issuance. › Section 6-6-50 - Security for Costs by Nonresident or Foreign Corporation.
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Section 6-6-50
Security for costs by nonresident or foreign corporation.
When an attachment is sued out in favor of a nonresident or a foreign corporation, security for the costs of the action may be taken and approved by the officer issuing the same or may be endorsed with his approval on the attachment.
(Code 1867, §2937; Code 1876, §3262; Code 1886, §2939; Code 1896, §534; Code 1907, §2934; Code 1923, §6182; Code 1940, T. 7, §855.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-2/division-2/section-6-6-51/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 2 - Attachment.›Division 2 - Issuance.›Section 6-6-51 - Against Foreign Corporations.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 2 - Attachment. › Division 2 - Issuance. › Section 6-6-51 - Against Foreign Corporations.
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Section 6-6-51
Against foreign corporations.
Process of attachment may issue against foreign corporations having property in this state for the recovery of debts or to recover damages for a breach of contract when the damages are not certain or liquidated or, in cases where the action sounds in damages merely, in the same manner and subject to the same rules as in the case of natural persons residing without the state.
(Code 1852, §2513; Code 1867, §2938; Code 1876, §3263; Code 1886, §2940; Code 1896, §535; Code 1907, §2935; Code 1923, §6183; Code 1940, T. 7, §856.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-2/division-2/section-6-6-52/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 2 - Attachment.›Division 2 - Issuance.›Section 6-6-52 - When Issued and Executed on Sunday.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 2 - Attachment. › Division 2 - Issuance. › Section 6-6-52 - When Issued and Executed on Sunday.
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Section 6-6-52
When issued and executed on Sunday.
Attachments may issue and be executed on Sunday if the plaintiff, his agent or attorney, in addition to the oath prescribed for the issue of such process, makes affidavit that the defendant is absconding, or is about to abscond, or is about to remove his property from the state and gives the bond required in this article.
(Code 1867, §2941; Code 1876, §3266; Code 1886, §2943; Code 1896, §538; Code 1907, §2938; Code 1923, §6186; Code 1940, T. 7, §859.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-2/division-2/section-6-6-53/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 2 - Attachment.›Division 2 - Issuance.›Section 6-6-53 - Return of Bond and Affidavit.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 2 - Attachment. › Division 2 - Issuance. › Section 6-6-53 - Return of Bond and Affidavit.
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Section 6-6-53
Return of bond and affidavit.
The bond and affidavit must be returned by the officer issuing the attachment to the court to which the attachment is returnable.
(Code 1852, §2515; Code 1867, §2940; Code 1876, §3265; Code 1886, §2942; Code 1896, §537; Code 1907, §2937; Code 1923, §6185; Code 1940, T. 7, §858.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-2/division-3/section-6-6-70/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 2 - Attachment.›Division 3 - Execution.›Section 6-6-70 - On What Property and Persons; Endorsement on Writ; Taking of Property Into Possessi...
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 2 - Attachment. › Division 3 - Execution. › Section 6-6-70 - On What Property and Persons; Endorsement on Writ; Taking of Property Into Possession.
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Section 6-6-70
On what property and persons; endorsement on writ; taking of property into possession.
Attachments may be levied on real estate, whether a fee simple or any less legal estate, or on personal property of the defendant or may be executed by summoning any person indebted to the defendant or liable to him on a contract for the delivery of personal property or for the payment of money which may be discharged by the delivery of personal property or on a contract payable in personal property or a person having in his possession, or under his control, any money or effects belonging to the defendant; and the officer executing the writ must endorse such levy or service thereon and, if practicable, take the property into his possession, unless replevied as prescribed in Division 4 of this article.
(Code 1852, §2516; Code 1867, §2943; Code 1876, §3268; Code 1886, §2945; Code 1896, §540; Code 1907, §2940; Code 1923, §6188; Code 1940, T. 7, §861.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-2/division-3/section-6-6-71/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 2 - Attachment.›Division 3 - Execution.›Section 6-6-71 - Proceedings With Garnishees.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 2 - Attachment. › Division 3 - Execution. › Section 6-6-71 - Proceedings With Garnishees.
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Section 6-6-71
Proceedings with garnishees.
When attachment is executed by summoning a person indebted to the defendant, such person is called the garnishee, and the summons must be to answer as garnishees are required to answer; and, upon return of an attachment so executed, proceedings may be had as in other cases of garnishment.
(Code 1852, §2517; Code 1867, §2944; Code 1876, §3269; Code 1886, §2946; Code 1896, §541; Code 1907, §2941; Code 1923, §6189; Code 1940, T. 7, §862.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-2/division-3/section-6-6-72/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 2 - Attachment.›Division 3 - Execution.›Section 6-6-72 - Levy on Joint or Separate Property.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 2 - Attachment. › Division 3 - Execution. › Section 6-6-72 - Levy on Joint or Separate Property.
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Section 6-6-72
Levy on joint or separate property.
An attachment may be levied on the joint or separate estate of joint obligors, promisors or partners, whether resident or nonresident.
(Code 1852, §2518; Code 1867, §2945; Code 1876, §3270; Code 1886, §2947; Code 1896, §542; Code 1907, §2942; Code 1923, §6190; Code 1940, T. 7, §863.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-2/division-3/section-6-6-73/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 2 - Attachment.›Division 3 - Execution.›Section 6-6-73 - Levy in Any County; Holding of Attached Property.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 2 - Attachment. › Division 3 - Execution. › Section 6-6-73 - Levy in Any County; Holding of Attached Property.
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Section 6-6-73
Levy in any county; holding of attached property.
The attachment may be executed in any county of the state by the sheriff of the county in which the property or garnishee may be found, and the sheriff must take and hold the property attached, unless replevied, subject to the order of the court in which the attachment is pending.
(Code 1852, §2525; Code 1867, §2952; Code 1876, §3277; Code 1886, §2953; Code 1896, §544; Code 1907, §2944; Code 1923, §6192; Code 1940, T. 7, §865.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-2/division-3/section-6-6-74/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 2 - Attachment.›Division 3 - Execution.›Section 6-6-74 - Branch Writs.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 2 - Attachment. › Division 3 - Execution. › Section 6-6-74 - Branch Writs.
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Section 6-6-74
Branch writs.
Branch writs of attachment may issue to any county of the state directed to any sheriff of the State of Alabama, to be executed as in Section 6-6-73.
(Code 1852, §2526; Code 1867, §2954; Code 1876, §3278; Code 1886, §2954; Code 1896, §545; Code 1907, §2945; Code 1923, §6193; Code 1940, T. 7, §866.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-2/division-3/section-6-6-75/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 2 - Attachment.›Division 3 - Execution.›Section 6-6-75 - Alias Writs of Attachment or New Writs of Garnishment.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 2 - Attachment. › Division 3 - Execution. › Section 6-6-75 - Alias Writs of Attachment or New Writs of Garnishment.
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Section 6-6-75
Alias writs of attachment or new writs of garnishment.
Alias writs of attachment or new writs of garnishment may be issued without a renewal of the bond or affidavit in cases where no property, or an insufficient amount thereof to satisfy the plaintiff's demand, has been found, or when, pending the action, the plaintiff wishes to garnish other persons.
(Code 1852, §2560; Code 1867, §2988; Code 1876, §3313; Code 1886, §2955; Code 1896, §546; Code 1907, §2946; Code 1923, §6194; Code 1940, T. 7, §867.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-2/division-3/section-6-6-77/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 2 - Attachment.›Division 3 - Execution.›Section 6-6-77 - Sale of Property Levied on Where Perishable or Expensive to Keep.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 2 - Attachment. › Division 3 - Execution. › Section 6-6-77 - Sale of Property Levied on Where Perishable or Expensive to Keep.
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Section 6-6-77
Sale of property levied on where perishable or expensive to keep.
(a) If the property levied on is perishable or if the expense of keeping is great, it must be sold by order of the court, on motion of either party, and the proceeds of sale retained by the sheriff to await the decision of the case, unless the court otherwise directs.
(b) If the property levied on is of so perishable a nature that it will deteriorate greatly in value or be destroyed before the meeting of the court or if the charge of keeping it is very great, it is the duty of the sheriff, if not replevied, to sell it at public auction, returning a statement of the facts and the money to the court.
(Code 1852, §§2528, 2529; Code 1867, §§2956, 2957; Code 1876, §§3281, 3282; Code 1886, §§2958, 2959; Code 1896, §§549, 550; Code 1907, §§2949, 2950; Code 1923, §§6197, 6198; Code 1940, T. 7, §§870, 871.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-2/division-3/section-6-6-79/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 2 - Attachment.›Division 3 - Execution.›Section 6-6-79 - Proceedings Against Sheriff and Sureties for Money Received in Sale of Perishables.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 2 - Attachment. › Division 3 - Execution. › Section 6-6-79 - Proceedings Against Sheriff and Sureties for Money Received in Sale of Perishables.
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Section 6-6-79
Proceedings against sheriff and sureties for money received in sale of perishables.
The sheriff and his sureties, or either of them, may be proceeded against by motion, on one day's notice, at the instance of the plaintiff or of the defendant if the plaintiff fails in the action for any money received for the sale of perishable property and judgment entered against him, or them, for the amount and five percent a month from the time of the demand.
(Code 1852, §2530; Code 1867, §2958; Code 1876, §3284; Code 1886, §2962; Code 1896, §553; Code 1907, §2953; Code 1923, §6201; Code 1940, T. 7, §874.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-2/division-3/section-6-6-80/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 2 - Attachment.›Division 3 - Execution.›Section 6-6-80 - Indemnification of Sheriff by Plaintiff.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 2 - Attachment. › Division 3 - Execution. › Section 6-6-80 - Indemnification of Sheriff by Plaintiff.
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Section 6-6-80
Indemnification of sheriff by plaintiff.
When a doubt exists as to the title of the defendant to personal property which the sheriff is required to levy upon, he may demand indemnity from the plaintiff.
(Code 1852, §2532; Code 1867, §2959; Code 1876, §3285; Code 1886, §2963; Code 1896, §554; Code 1907, §2954; Code 1923, §6202; Code 1940, T. 7, §875.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-2/division-3/section-6-6-81/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 2 - Attachment.›Division 3 - Execution.›Section 6-6-81 - Notice of Levy - Nonresident Defendant.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 2 - Attachment. › Division 3 - Execution. › Section 6-6-81 - Notice of Levy - Nonresident Defendant.
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Section 6-6-81
Notice of levy - Nonresident defendant.
When an attachment is sued out against a nonresident of the state, the writ shall be returned to the clerk of the court as soon as levied upon the property of the defendant, and thereupon the clerk shall cause a notice of the attachment and levy on the defendant's property to be advertised once a week for three successive weeks in some newspaper of general circulation in the county in which the property is found, a copy of which must be sent by mail to the defendant if his residence is known or can be ascertained; and, when such publication is perfected, the case shall stand for trial at any time after the expiration of 30 days thereafter.
(Code 1852, §2510; Code 1867, §2934; Code 1876, §3259; Code 1886, §2936; Code 1896, §531; Code 1907, §2931; Code 1923, §6179; Code 1940, T. 7, §852.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-2/division-3/section-6-6-82/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 2 - Attachment.›Division 3 - Execution.›Section 6-6-82 - Notice of Levy - Resident Defendants.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 2 - Attachment. › Division 3 - Execution. › Section 6-6-82 - Notice of Levy - Resident Defendants.
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Section 6-6-82
Notice of levy - Resident defendants.
Notice of the levy of the attachment shall be given in writing by the sheriff, or other person who makes such levy, to the defendant in person or notice thereof in writing left at his residence, if resident in the county and, if not resident in the county, but a resident of the state, then by posting up a written notice at the courthouse door and by sending a copy of the same by mail addressed to the defendant at the post office nearest his residence.
(Code 1876, §3260; Code 1886, §2937; Code 1896, §532; Code 1907, §2932; Code 1923, §6180; Code 1940, T. 7, §853.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 2 - Attachment.›Division 4 - Replevy of Property.›Section 6-6-100 - By Whom; Execution of Bond.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 2 - Attachment. › Division 4 - Replevy of Property. › Section 6-6-100 - By Whom; Execution of Bond.
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Section 6-6-100
By whom; execution of bond.
The defendant in attachment or, in his absence, a stranger, may replevy the goods or chattels attached, or any part thereof, by executing bond, with sufficient sureties, payable to the plaintiff, in double the value of the property replevied, to be determined by the officer making the levy, with condition that if the defendant fails in the action, the principal in the bond or his sureties will return the specific property attached within 30 days after the judgment, which bond must be returned with the other papers of the case.
(Code 1852, §2536; Code 1867, §2964; Code 1876, §3289; Code 1886, §2964; Code 1896, §555; Code 1907, §2955; Code 1923, §6203; Code 1940, T. 7, §876.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-2/division-4/section-6-6-101/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 2 - Attachment.›Division 4 - Replevy of Property.›Section 6-6-101 - Forfeiture of Bond; Execution on Bond.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 2 - Attachment. › Division 4 - Replevy of Property. › Section 6-6-101 - Forfeiture of Bond; Execution on Bond.
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Section 6-6-101
Forfeiture of bond; execution on bond.
When the property replevied is not delivered in 30 days after judgment against the defendant in attachment, the sheriff shall return the bond forfeited, and execution must be issued thereon against the principal and sureties for the amount of the value of the property replevied, as fixed by the sheriff or other officer making the levy, with interest thereon from the date of the bond and for the cost of the replevy and of the execution, unless such value is greater than the amount of the judgment against the defendant, in which case the execution shall be for the amount of such judgment and costs.
(Code 1852, §2538; Code 1867, §2966; Code 1876, §3291; Code 1886, §2965; Code 1896, §556; Code 1907, §2956; Code 1923, §6204; Code 1940, T. 7, §877.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-2/division-4/section-6-6-102/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 2 - Attachment.›Division 4 - Replevy of Property.›Section 6-6-102 - Tender of Value if Property Dead or Destroyed.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 2 - Attachment. › Division 4 - Replevy of Property. › Section 6-6-102 - Tender of Value if Property Dead or Destroyed.
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Section 6-6-102
Tender of value if property dead or destroyed.
If any of the property so replevied should die or be destroyed without fault or negligence on the part of the person in possession before the day for the delivery thereof, the obligors in the bond may tender the value to the plaintiff, his agent, or attorney; and, if such tender is refused, such obligors may obtain relief by a stay of execution.
(Code 1852, §2539; Code 1867, §2967; Code 1876, §3292; Code 1886, §2966; Code 1896, §557; Code 1907, §2957; Code 1923, §6205; Code 1940, T. 7, §878.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 2 - Attachment.›Division 5 - Ancillary Attachments.›Section 6-6-120 - In Aid of Pending Action.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 2 - Attachment. › Division 5 - Ancillary Attachments. › Section 6-6-120 - In Aid of Pending Action.
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Section 6-6-120
In aid of pending action.
When an action has been commenced by the filing of a complaint, whether a summons has been executed or not, the plaintiff, his agent, or attorney may, at any time before judgment, sue out an attachment in aid of such action, upon making affidavit and giving bond, as is required in the issue of original attachments, and all proceedings on such attachments must be conducted as are proceedings on original attachments. Such attachment may be sued out in any case in which an original attachment may be sued out and may be issued by the officer having authority to issue original attachments.
(Code 1852, §§2566, 2567; Code 1867, §§2994, 2995; Code 1876, §§3319, 3320; Code 1886, §2967; Code 1896, §558; Code 1907, §2958; Code 1923, §6206; Code 1940, T. 7, §879.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-2/division-5/section-6-6-121/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 2 - Attachment.›Division 5 - Ancillary Attachments.›Section 6-6-121 - When Defendants Evade Service of Process; Dismissal of Attachment.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 2 - Attachment. › Division 5 - Ancillary Attachments. › Section 6-6-121 - When Defendants Evade Service of Process; Dismissal of Attachment.
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Section 6-6-121
When defendants evade service of process; dismissal of attachment.
(a) When a summons has been returned "not found" as to all or any of the defendants, residents of the county, if the plaintiff, his agent or attorney makes an affidavit that the defendant has evaded the service of the process, the court must direct an attachment to issue, returnable within 30 days after the levy thereof, and the case must in all respects proceed as against such defendant as if originally commenced by attachment.
(b) The plaintiff may, notwithstanding such attachment, proceed to judgment against any of the defendants on whom process was served, but upon a judgment and satisfaction of the debt or claim, the attachment shall be dismissed at the costs of the plaintiff.
(Code 1852, §§2568, 2569; Code 1867, §§2996, 2997; Code 1876, §§3321, 3322; Code 1886, §§2969, 2970; Code 1896, §§559, 560; Code 1907, §§2959, 2960; Code 1923, §§6207, 6208; Code 1940, T. 7, §§880, 881.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-2/division-6/section-6-6-140/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 2 - Attachment.›Division 6 - Trial Proceedings.›Section 6-6-140 - Filing of Complaint in Actions Begun by Attachment - Time.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 2 - Attachment. › Division 6 - Trial Proceedings. › Section 6-6-140 - Filing of Complaint in Actions Begun by Attachment - Time.
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Section 6-6-140
Filing of complaint in actions begun by attachment - Time.
If the demand is due at the time of suing out the attachment, the plaintiff must file his complaint within 15 days after the attachment is sued out. If the claim or demand is not due when the attachment is sued out, the plaintiff must file his complaint within 15 days after the claim or demand shall become due.
(Code 1852, §§2570, 2571; Code 1867, §§2998, 2999; Code 1876, §§3323, 3324; Code 1886, §2995; Code 1896, §561; Code 1907, §2961; Code 1923, §6209; Code 1940, T. 7, §882.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-2/division-6/section-6-6-141/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 2 - Attachment.›Division 6 - Trial Proceedings.›Section 6-6-141 - Filing of Complaint in Actions Begun by Attachment - Issuance and Service of Summo...
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 2 - Attachment. › Division 6 - Trial Proceedings. › Section 6-6-141 - Filing of Complaint in Actions Begun by Attachment - Issuance and Service of Summons; Default Judgment.
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Section 6-6-141
Filing of complaint in actions begun by attachment - Issuance and service of summons; default judgment.
(a) Whenever a complaint is filed in an action begun by attachment, whether at the time of suing out the attachment or subsequently thereto, a summons shall issue upon the complaint in all respects, and with the same effect as if the action had been begun by complaint. The issuance and service of such a summons shall in no manner affect the levy or lien of the attachment or the enforcement thereof.
(b) If the defendant appears and pleads, the case proceeds as in actions commenced by complaint. If he fails to appear or, appearing, fails to plead within the time required by law, the plaintiff may take judgment by default, and the court may determine the amount of damages pursuant to the Alabama Rules of Civil Procedure, if necessary.
(Code 1852, §2572; Code 1867, §3000; Code 1876, §3325; Code 1886, §2996; Code 1896, §562; Code 1907, §§2962, 2963; Code 1923, §§6210, 6211; Code 1940, T. 7, §§883, 884.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-2/division-6/section-6-6-142/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 2 - Attachment.›Division 6 - Trial Proceedings.›Section 6-6-142 - Dismissal of Attachment.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 2 - Attachment. › Division 6 - Trial Proceedings. › Section 6-6-142 - Dismissal of Attachment.
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Section 6-6-142
Dismissal of attachment.
An attachment issued without affidavit and bond, as prescribed in Division 2 of this article, may be dismissed on motion of the defendant, filed within 30 days after service of summons on a complaint.
(Code 1852, §2561; Code 1867, §2989; Code 1876, §3314; Code 1886, §2997; Code 1896, §563; Code 1907, §2964; Code 1923, §6212; Code 1940, T. 7, §885.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-2/division-6/section-6-6-143/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 2 - Attachment.›Division 6 - Trial Proceedings.›Section 6-6-143 - Construction of Attachment Law; Amendments; Dismissal.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 2 - Attachment. › Division 6 - Trial Proceedings. › Section 6-6-143 - Construction of Attachment Law; Amendments; Dismissal.
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Section 6-6-143
Construction of attachment law; amendments; dismissal.
The attachment law must be liberally construed to advance the manifest intent of the law; the plaintiff, before or during the trial, must be permitted to amend any defect of form or of substance in the affidavit, bond or attachment; and no attachment must be dismissed for any defect in the affidavit if the plaintiff, his agent, or attorney will make a sufficient affidavit or, for any defect in the bond or for want of a bond, if the plaintiff, his agent or attorney is willing to give or substitute a sufficient bond.
(Code 1852, §2562; Code 1867, §2990; Code 1876, §3315; Code 1886, §2998; Code 1896, §564; Code 1907, §2965; Code 1923, §6213; Code 1940, T. 7, §886.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-2/division-6/section-6-6-144/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 2 - Attachment.›Division 6 - Trial Proceedings.›Section 6-6-144 - Suspending Entry of Judgment - Against Executor or Administrator.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 2 - Attachment. › Division 6 - Trial Proceedings. › Section 6-6-144 - Suspending Entry of Judgment - Against Executor or Administrator.
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Section 6-6-144
Suspending entry of judgment - Against executor or administrator.
No judgment can be entered against an executor or administrator upon his answer in attachment, or garnishment, until six months after the grant of letters testamentary or of administration.
(Code 1852, §2522; Code 1867, §2949; Code 1876, §3274; Code 1886, §3002; Code 1896, §569; Code 1907, §2970; Code 1923, §6218; Code 1940, T. 7, §891.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-2/division-6/section-6-6-145/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 2 - Attachment.›Division 6 - Trial Proceedings.›Section 6-6-145 - Suspending Entry of Judgment - Against Defendant While Claims, etc., Settled.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 2 - Attachment. › Division 6 - Trial Proceedings. › Section 6-6-145 - Suspending Entry of Judgment - Against Defendant While Claims, etc., Settled.
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Section 6-6-145
Suspending entry of judgment - Against defendant while claims, etc., settled.
No judgment can be entered against the defendant in attachment when a claim has been interposed to try the right of property or when the answer of the garnishee is contested or a contest has arisen about the title to, or interest in, the debt or demand, money or effects garnished until these questions are settled, unless other property or effects of the defendant are attached or garnished about which no contest has arisen or unless personal service by summons and complaint is had on the defendant.
(Code 1852, §2558; Code 1867, §2986; Code 1876, §3311; Code 1886, §3000; Code 1896, §567; Code 1907, §2968; Code 1923, §6216; Code 1940, T. 7, §889.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-2/division-6/section-6-6-146/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 2 - Attachment.›Division 6 - Trial Proceedings.›Section 6-6-146 - Restoration of Property to Claimant at Plaintiff's Cost.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 2 - Attachment. › Division 6 - Trial Proceedings. › Section 6-6-146 - Restoration of Property to Claimant at Plaintiff's Cost.
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Section 6-6-146
Restoration of property to claimant at plaintiff's cost.
If the plaintiff does not obtain judgment against the defendant in attachment, all property condemned, when a claim for the trial of the right of property has been interposed, must be restored to the claimant at the cost of the plaintiff.
(Code 1852, §2559; Code 1867, §2987; Code 1876, §3312; Code 1886, §3001; Code 1896, §568; Code 1907, §2969; Code 1923, §6217; Code 1940, T. 7, §890.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-2/division-6/section-6-6-147/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 2 - Attachment.›Division 6 - Trial Proceedings.›Section 6-6-147 - Execution Upon Judgment by Plaintiff.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 2 - Attachment. › Division 6 - Trial Proceedings. › Section 6-6-147 - Execution Upon Judgment by Plaintiff.
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Section 6-6-147
Execution upon judgment by plaintiff.
If the judgment of the plaintiff is not satisfied by the property attached or by the garnishee, execution must issue thereon, which may be levied on and satisfied by any property of the defendant; and the plaintiff may proceed to a sale of the property attached by a writ of execution.
(Code 1852, §2773; Code 1867, §3001; Code 1876, §3326; Code 1886, §3003; Code 1896, §570; Code 1907, §2971; Code 1923, §6219; Code 1940, T. 7, §892.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-2/division-6/section-6-6-148/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 2 - Attachment.›Division 6 - Trial Proceedings.›Section 6-6-148 - Action by Defendant - on Attachment Bond for Damages.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 2 - Attachment. › Division 6 - Trial Proceedings. › Section 6-6-148 - Action by Defendant - on Attachment Bond for Damages.
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Section 6-6-148
Action by defendant - On attachment bond for damages.
At any time within three years of the suing out of the attachment, before or after the action is determined, the defendant in attachment may commence an action on the attachment bond and may recover such damages as he has actually sustained if the attachment was wrongfully sued out and, if sued out maliciously as well as wrongfully, the jury may, in addition, give vindictive damages.
(Code 1852, §§2564, 2565; Code 1867, §§2992, 2993; Code 1876, §§3317, 3318; Code 1886, §2999; Code 1896, §565; Code 1907, §2966; Code 1923, §6214; Code 1940, T. 7, §887.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-2/division-6/section-6-6-149/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 2 - Attachment.›Division 6 - Trial Proceedings.›Section 6-6-149 - Action by Defendant - Venue for Actions on Injunction Bond or Attachment Bond in C...
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 2 - Attachment. › Division 6 - Trial Proceedings. › Section 6-6-149 - Action by Defendant - Venue for Actions on Injunction Bond or Attachment Bond in Cases of Injunction or Bankruptcy.
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Section 6-6-149
Action by defendant - Venue for actions on injunction bond or attachment bond in cases of injunction or bankruptcy.
The defendant in any action commenced by attachment, in any action in which an injunction against him is issued, or in any proceeding against him as a bankrupt, may commence an action on the attachment bond or injunction bond, as the case may be, against the plaintiffs as for malicious prosecution, and upon the bond of the petitioning creditors, against the petitioning creditors as for a malicious prosecution, in the county where the writ is levied; and in case of bankruptcy, in the county where the goods, property, and effects were seized and located; or such actions may be commenced in the county where the plaintiff in attachment resides or any of the sureties reside; and, in cases of bankruptcy, where the petitioning creditors or anyone of them reside; and, in the cases of injunction, where the plaintiff or any surety on his bond resides.
(Code 1896, §566; Code 1907, §2967; Acts 1915, No. 763, p. 880; Code 1923, §6215; Code 1940, T. 7, §888.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-3/section-6-6-160/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 3 - Trial of Right of Property.›Section 6-6-160 - Claim of Persons Not Party to Writ of Execution or Attachment, etc., to Personal P...
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 3 - Trial of Right of Property. › Section 6-6-160 - Claim of Persons Not Party to Writ of Execution or Attachment, etc., to Personal Property Levied On; Affidavit and Bond; Delivery of Property to Claimant.
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Section 6-6-160
Claim of persons not party to writ of execution or attachment, etc., to personal property levied on; affidavit and bond; delivery of property to claimant.
When an execution, attachment or other like writ, issued from any court or by any officer, is levied on personal property as to which any person not a party to the writ claims to own the title, legal, or equitable, or a lien paramount to the right, title, or interest in the property of the defendant in the writ, such person may try the right to such property before a sale thereof upon making affidavit by himself, his agent, or attorney, which may be taken by the officer levying the writ or any officer authorized to administer oaths that he holds such title to, or such lien upon, the property claimed and executing bond with two good and sufficient sureties, to be approved by the officer making the levy and payable to the plaintiff in double the value of the property levied on and claimed, the value thereof to be determined by the officer making the levy, but in no case to be more than double the amount of the writ levied, with condition to have the property forthcoming for the satisfaction of the judgment or claim of the plaintiff if it shall be found liable therefor and also for the payment of such costs and damages as may be recovered for interposing the claim for delay, whereupon the property levied upon must be delivered into the possession of the claimant.
(Code 1852, §§2537, 2587, 2833; Code 1867, §§2695, 3016, 3279; Code 1876, §§3290, 3341, 3676; Code 1886, §§3004, 3012, 3014, 3365; Code 1896, §4141; Code 1907, §6039; Code 1923, §10375; Acts 1935, No. 418, p. 891; Code 1940, T. 7, §1168.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-3/section-6-6-161/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 3 - Trial of Right of Property.›Section 6-6-161 - Return of Writ, Bond and Affidavit; Issue Made Up; Burden of Proof.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 3 - Trial of Right of Property. › Section 6-6-161 - Return of Writ, Bond and Affidavit; Issue Made Up; Burden of Proof.
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Section 6-6-161
Return of writ, bond and affidavit; issue made up; burden of proof.
The officer making the levy must, except as otherwise provided in Sections 6-6-165 and 6-6-166, return the writ, affidavit and bond to court to which it is returnable, when an issue must be made up between the plaintiff in the writ and the claimant, in which the former must allege that the property claimed is the property of the defendant in the writ and is liable to its satisfaction. On the trial of such issue, the burden of proof is on the plaintiff.
(Code 1852, §§2588, 2834; Code 1867, §§3017, 3280; Code 1876, §§3342, 3677; Code 1886, §§3005, 3366; Code 1896, §4142; Code 1907, §6040; Code 1923, §10376; Code 1940, T. 7, §1169.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-3/section-6-6-162/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 3 - Trial of Right of Property.›Section 6-6-162 - Assessment of Property Value and Damages for Delay.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 3 - Trial of Right of Property. › Section 6-6-162 - Assessment of Property Value and Damages for Delay.
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Section 6-6-162
Assessment of property value and damages for delay.
If the jury or judge finds the property levied on to be liable to the satisfaction of the writ, he or they must, as far as practicable, assess the value at the time of the interposition of the claim of each article separately; and if it is a case in which execution has been levied and it is shown on the trial that the claim was interposed for delay, he or they must also assess such damages as the plaintiff may be entitled to, not more than 15 percent on the amount of the execution.
(Code 1852, §§2589, 2837; Code 1867, §§3018, 3283; Code 1876, §§3343, 3680; Code 1886, §§3007, 3367; Code 1896, §4143; Code 1907, §6041; Code 1923, §10377; Code 1940, T. 7, §1170.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-3/section-6-6-163/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 3 - Trial of Right of Property.›Section 6-6-163 - Forfeiture of Claimant's Bond; Execution for Amount of Judgment, Damages, and Cost...
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 3 - Trial of Right of Property. › Section 6-6-163 - Forfeiture of Claimant's Bond; Execution for Amount of Judgment, Damages, and Costs.
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Section 6-6-163
Forfeiture of claimant's bond; execution for amount of judgment, damages, and costs.
If judgment is entered against the claimant and he fails to deliver the property to the officer making the levy and pay the costs of the trial of the right of property within 30 days, such officer must endorse the bond forfeited; and thereupon, if the property was levied on under execution or, if levied on under attachment, after judgment in favor of the plaintiff against the defendant in attachment, the clerk must issue execution against the obligors on the bond for the amount of the plaintiff's judgment, for the damages, if any were assessed, and the costs of the amount of such assessed value, if that is not greater than the amount of the judgment and for the damages, if any were assessed, and the costs of the trial of the right of property. And in the event the claimant delivers the property, but fails to pay damages and costs within 30 days, execution must issue for such damages and costs only.
(Code 1852, §§2538, 2590; Code 1867, §§2966, 3019; Code 1876, §§3291, 3344; Code 1886, §§3008, 3013, 3368; Code 1896, §4144; Code 1907, §6042; Code 1923, §10378; Code 1940, T. 7, §1171.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-3/section-6-6-164/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 3 - Trial of Right of Property.›Section 6-6-164 - Claims Based on Mortgage or Lien; Ascertainment of Amount; Payment by Plaintiff; S...
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 3 - Trial of Right of Property. › Section 6-6-164 - Claims Based on Mortgage or Lien; Ascertainment of Amount; Payment by Plaintiff; Sale of Property and Application of Proceeds.
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Section 6-6-164
Claims based on mortgage or lien; ascertainment of amount; payment by plaintiff; sale of property and application of proceeds.
When the claim interposed is based on a mortgage or lien, the claimant must state in his affidavit the nature of the right which he claims; and, in case such claim is sustained on the trial, the amount of it, whether then due or not, with interest to the date of the trial, must be ascertained by the jury or judge, as the case may be. The plaintiff may, within 10 days from date of said ascertainment, pay to the mortgagee or his assignee or to the lien holder the amount ascertained to be due; and in such case the property shall be sold as well for the payment of the debt secured by the mortgage or the lien, as ascertained, as for the satisfaction of the plaintiff's judgment, the proceeds of the sale to be applied first, after payment of the costs, to reimburse the plaintiff the amount so paid by him to such mortgagee or lien holder, and the claim or affidavit may be amended as provided by Section 6-6-143.
(Code 1852, §2595; Code 1867, §3024; Code 1876, §3349; Code 1886, §3017; Code 1896, §4145; Code 1907, §6043; Code 1923, §10379; Code 1940, T. 7, §1172.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-3/section-6-6-165/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 3 - Trial of Right of Property.›Section 6-6-165 - Return - Where Execution Issued From Probate Court; Trial in Circuit Court; Return...
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 3 - Trial of Right of Property. › Section 6-6-165 - Return - Where Execution Issued From Probate Court; Trial in Circuit Court; Return of Execution on Forfeited Bond.
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Section 6-6-165
Return - Where execution issued from probate court; trial in circuit court; return of execution on forfeited bond.
(a) If the levy was made under execution issued from the probate court, the sheriff must return the original execution to the court from which it issued with an endorsement thereon showing the interposition of the claim, and he must return a copy of the execution and of the returns thereon, the affidavit and the bond to the circuit court of his county, where, after 30 days, the trial of the right of property must be had according to the provisions of this article.
(b) If, in the case provided for in subsection (a) of this section, the bond is forfeited, the execution on the forfeited bond must be made returnable to the court from which the original process issued, of which and of the time of its receipt by the sheriff the clerk must give the judge of probate written notice, which shall be presumptive evidence of the fact against the sheriff.
(Code 1852, §§667, 678; Code 1867, §§799, 800; Code 1876, §§705, 706; Code 1886, §§3006, 3009; Code 1896, §§4146, 4147; Code 1907, §§6044, 6045; Code 1923, §§10380, 10381; Code 1940, T. 7, §§1173, 1174.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-3/section-6-6-166/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 3 - Trial of Right of Property.›Section 6-6-166 - Return - Where Levy Made in Different County Than Where Judgment Entered or Origin...
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 3 - Trial of Right of Property. › Section 6-6-166 - Return - Where Levy Made in Different County Than Where Judgment Entered or Original Attachment Issued; Trial in Circuit Court; Effect of Copies; Forfeiture of Bond.
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Section 6-6-166
Return - Where levy made in different county than where judgment entered or original attachment issued; trial in circuit court; effect of copies; forfeiture of bond.
(a) When the levy is made in a different county from that in which the judgment was entered or the original attachment issued, if a claim is interposed to the property, it is the duty of the officer levying the writ to return the original to the court from which it issued, with a statement thereon showing the interposition of the claim and true copies of the affidavit and bond, certified by him; and he must return the original affidavit and bond and a true copy of the writ under which the levy was made, certified by him, to the circuit court of his own county, where, after 30 days, the trial of the right of property must be had. The copies thus required to be made, certified as provided in this section, must be received in lieu of and have, in all respects, the same effect as the originals.
(b) If, in the case provided for in subsection (a) of this section, the property levied on is found liable to the satisfaction of the writ and is not delivered up to the sheriff of the county in which the trial of the right of property was had within 20 days thereafter, he must endorse the bond forfeited; and thereupon the clerk must issue execution as in other cases of the trial of the right of property, except that he must make the same returnable to the court from which the original writ issued, of which and of the time of its receipt by the sheriff he must give the proper officer of such court written notice, which shall be presumptive evidence of the fact against the sheriff, and he must also issue a separate execution for the costs of his own court.
(Code 1852, §§2591, 2592; Code 1867, §§3020, 3021; Code 1876, §§3345, 3346; Code 1886, §§3010, 3011; Code 1896, §§4148, 4149; Code 1907, §§6046, 6047; Code 1923, §§10382, 10383; Code 1940, T. 7, §§1175, 1176.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-3/section-6-6-167/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 3 - Trial of Right of Property.›Section 6-6-167 - Levy on Other Property by Plaintiff Not Precluded.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 3 - Trial of Right of Property. › Section 6-6-167 - Levy on Other Property by Plaintiff Not Precluded.
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Section 6-6-167
Levy on other property by plaintiff not precluded.
The interposition of a claim for the trial of the right of property shall not prevent the plaintiff from levying on other property of the defendant in the process.
(Code 1852, §2593; Code 1867, §3022; Code 1876, §3347; Code 1886, §3015; Code 1896, §4150; Code 1907, §6084; Code 1923, §10384; Code 1940, T. 7, §1177.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-3/section-6-6-168/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 3 - Trial of Right of Property.›Section 6-6-168 - Release of Sheriff From Damages for Seizure.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 3 - Trial of Right of Property. › Section 6-6-168 - Release of Sheriff From Damages for Seizure.
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Section 6-6-168
Release of sheriff from damages for seizure.
A claim interposed for the trial of the right of property is a release by the claimant in favor of the sheriff from all damages for seizing the property levied on.
(Code 1852, §2594; Code 1867, §3023; Code 1876, §3348; Code 1886, §3016; Code 1896, §4151; Code 1907, §6049; Code 1923, §10385; Code 1940, T. 7, §1178.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-4/division-1/section-6-6-181/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 4 - Creditors' Actions.›Division 1 - General Provisions.›Section 6-6-181 - Complaint to Compel Discovery, etc., of Property - Intent to Hinder, Delay, or Def...
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 4 - Creditors' Actions. › Division 1 - General Provisions. › Section 6-6-181 - Complaint to Compel Discovery, etc., of Property - Intent to Hinder, Delay, or Defraud Creditors; Charge of Fraud to Be Answered; Use of Answer as Evidence on Fraud Indictment.
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Section 6-6-181
Complaint to compel discovery, etc., of property - Intent to hinder, delay, or defraud creditors; charge of fraud to be answered; use of answer as evidence on fraud indictment.
(a) A complaint for discovery may be filed and the defendant compelled to answer such complaint when the defendant is charged with having confessed or suffered a judgment, where no portion or a part only of such judgment is due, with the intent to hinder, delay, or defraud creditors or with having conveyed his property with the like intent.
(b) A defendant may be compelled to answer a complaint in the circuit court charging him with any fraud affecting the rights or property of others.
(c) No answer made to a complaint under the provisions of subsections (a) and (b) of this section can be read in evidence against the defendant on an indictment for any fraud charged in the complaint.
(Code 1852, §§2988-2990; Code 1867, §§3443-3445; Code 1876, §§3883-3885; Code 1886, §§3541-3543; Code 1896, §§815-817; Code 1907, §§3736-3738; Code 1923, §§7339-7341; Code 1940, T. 7, §§894-896.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-4/division-1/section-6-6-180/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 4 - Creditors' Actions.›Division 1 - General Provisions.›Section 6-6-180 - Complaint to Compel Discovery, etc., of Property - Execution for Money Not Satisfi...
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 4 - Creditors' Actions. › Division 1 - General Provisions. › Section 6-6-180 - Complaint to Compel Discovery, etc., of Property - Execution for Money Not Satisfied.
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Section 6-6-180
Complaint to compel discovery, etc., of property - Execution for money not satisfied.
When an execution for money from any court has been issued against a defendant and is not satisfied, the plaintiff, or the person for whose benefit such execution is sued out, may file a complaint against such defendant to compel the discovery of any property belonging to him, or held in trust for him, and to prevent the transfer, payment or delivery thereof to such defendant, except when the trust has been created by, or proceeded from, some other person than the defendant himself; and the court may bring any other party before it and adjudge such property, or the interest of the defendant therein, to the satisfaction of the sum due the plaintiff.
(Code 1852, §2987; Code 1867, §3442; Code 1876, §3882; Code 1886, §3540; Code 1896, §814; Code 1907, §3735; Code 1923, §7338; Code 1940, T. 7, §893.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-4/division-1/section-6-6-182/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 4 - Creditors' Actions.›Division 1 - General Provisions.›Section 6-6-182 - Complaint to Compel Discovery, etc., of Property - Creditor Without Lien.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 4 - Creditors' Actions. › Division 1 - General Provisions. › Section 6-6-182 - Complaint to Compel Discovery, etc., of Property - Creditor Without Lien.
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Section 6-6-182
Complaint to compel discovery, etc., of property - Creditor without lien.
A creditor without a lien may file a complaint to discover, or to subject to the payment of his debt, any property which has been fraudulently transferred or conveyed or attempted to be fraudulently transferred or conveyed by his debtor.
(Code 1867, §3446; Code 1876, §3886; Code 1886, §3544; Code 1896, §818; Code 1907, §3739; Code 1923, §7342; Code 1940, T. 7, §897.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-4/division-1/section-6-6-183/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 4 - Creditors' Actions.›Division 1 - General Provisions.›Section 6-6-183 - Complaint for Discovery of Assets - Execution Returned "No Property Found" or Cred...
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 4 - Creditors' Actions. › Division 1 - General Provisions. › Section 6-6-183 - Complaint for Discovery of Assets - Execution Returned "No Property Found" or Creditor Without Lien or Judgment; Answer of Debtor.
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Section 6-6-183
Complaint for discovery of assets - Execution returned "no property found" or creditor without lien or judgment; answer of debtor.
A creditor, having obtained a judgment upon which execution has issued and been returned "no property found" or a creditor without a lien or judgment may, in a court of competent jurisdiction of the county in which the judgment debtor resides or in a like court of the county in which the judgment was entered, file a complaint for the discovery of the assets of the debtor subject to the payment of debts; and the debtor must answer on oath and disclose all property, real or personal, in which he may have or may claim an interest, legal or equitable; all moneys, effects, or choses in action in which he may have or may claim an interest, legal or equitable; where such property, real or personal, is situated or may be found; who has or may claim possession thereof; in whose possession are the moneys, effects, or choses in action in which he has or may claim an interest, legal or equitable and where such moneys, effects, or choses in action may be found.
(Code 1876, §3887; Code 1886, §3545; Code 1896, §819; Code 1907, §3740; Code 1923, §7343; Code 1940, T. 7, §898.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-4/division-1/section-6-6-184/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 4 - Creditors' Actions.›Division 1 - General Provisions.›Section 6-6-184 - Complaint for Discovery of Assets - Joinder of Judgment Creditors, Creditors Witho...
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 4 - Creditors' Actions. › Division 1 - General Provisions. › Section 6-6-184 - Complaint for Discovery of Assets - Joinder of Judgment Creditors, Creditors Without Liens, or Judgments and Assignees of Judgments.
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Section 6-6-184
Complaint for discovery of assets - Joinder of judgment creditors, creditors without liens, or judgments and assignees of judgments.
Any number of judgment creditors upon whose judgments executions have issued and been returned "no property found" or creditors without liens or judgments may join as plaintiffs in such complaint. The assignee of a judgment or the several assignees of several judgments may maintain such complaint. It is no objection to such complaint that judgment creditors, creditors without liens, or judgments and the assignees of judgments, or any two or more of them, are joined as plaintiffs therein.
(Code 1886, §3546; Code 1896, §820; Code 1907, §3771; Code 1923, §7344; Code 1940, T. 7, §899.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-4/division-1/section-6-6-185/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 4 - Creditors' Actions.›Division 1 - General Provisions.›Section 6-6-185 - Complaint for Discovery of Assets - Orders or Judgments; Appointment of Receiver.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 4 - Creditors' Actions. › Division 1 - General Provisions. › Section 6-6-185 - Complaint for Discovery of Assets - Orders or Judgments; Appointment of Receiver.
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Section 6-6-185
Complaint for discovery of assets - Orders or judgments; appointment of receiver.
If, from the answer, it appears that the defendant has property, real and personal, or an interest in property, real or personal, subject to the payment of debts, or has money, effects, or choses in action or an interest in moneys, effects, or choses in action subject to the payment of debts, whether such property, money, effects, or choses in action are within or without the state, the court must make all such orders or judgments as may be necessary and proper to reach and subject such property, moneys, effects, or choses in action and, for that purpose, may appoint a receiver with authority to demand, commence an action for and recover or otherwise to reduce to possession such property, moneys, effects, or choses in action and may require the debtor to make to such receiver all conveyances, assignments, or transfers which may be necessary and proper to enable him to receive or to commence an action for and recover such property.
(Code 1876, §3888; Code 1886, §3547; Code 1896, §821; Code 1907, §3742; Code 1923, §7345; Code 1940, T. 7, §900.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-4/division-1/section-6-6-186/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 4 - Creditors' Actions.›Division 1 - General Provisions.›Section 6-6-186 - Examination of Debtor as to His Property, Etc.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 4 - Creditors' Actions. › Division 1 - General Provisions. › Section 6-6-186 - Examination of Debtor as to His Property, Etc.
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Section 6-6-186
Examination of debtor as to his property, etc.
(a) After answer filed on the application of the plaintiff showing a necessity therefor, which application must be verified by oath, the judge may order an examination of the debtor before the register or clerk or before an examiner specially appointed, touching and concerning his property, real or personal, moneys, effects, and choses in action; and it is the duty of the debtor to attend at the time and place to which he may be summoned by the register, clerk, or examiner and submit to such examination.
(b) The provisions of this section apply to any complaint filed under this article.
(Code 1876, §3887; Code 1886, §3548; Code 1896, §822; Code 1907, §3743; Code 1923, §7346; Code 1940, T. 7, §901.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-4/division-1/section-6-6-187/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 4 - Creditors' Actions.›Division 1 - General Provisions.›Section 6-6-187 - Subjecting Unpaid Subscriptions to Satisfy Payment of Judgment Against Corporation...
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 4 - Creditors' Actions. › Division 1 - General Provisions. › Section 6-6-187 - Subjecting Unpaid Subscriptions to Satisfy Payment of Judgment Against Corporation.
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Section 6-6-187
Subjecting unpaid subscriptions to satisfy payment of judgment against corporation.
A judgment creditor of a corporation, having an execution returned, "no property found," may, by complaint in a court of competent jurisdiction, subject to the payment of his judgment the unpaid subscription of one or more stockholders in such corporation without joining the other stockholders and without regard to whether the corporation has called for such subscription or could commence an action therefor against the stockholder.
(Code 1896, §823; Code 1907, §3744; Code 1923, §7347; Code 1940, T. 7, §902.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-4/division-2/section-6-6-200/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 4 - Creditors' Actions.›Division 2 - Discovery of Assets.›Section 6-6-200 - Statement of Assets - Notice to Debtor to File; Contents.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 4 - Creditors' Actions. › Division 2 - Discovery of Assets. › Section 6-6-200 - Statement of Assets - Notice to Debtor to File; Contents.
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Section 6-6-200
Statement of assets - Notice to debtor to file; contents.
After the return of an execution issued by any court in this state upon a judgment against any person or persons residing in this state, against a firm doing business in this state when a member or members thereof reside in this state or against a corporation doing business in this state with the endorsement upon such execution of "no property found," upon the written request of the judgment creditor filed with the clerk or register, such clerk or register of such court shall issue a notice to the person, firm, or corporation against whom such execution shall have been so returned, requiring such person, persons, member or members of such firm or corporation, through a duly authorized agent, to file in such court within 30 days from the service of such notice a statement in writing, under oath, of all of the assets of such person, firm, or corporation, including money, choses in action, notes, bonds, and accounts and all other property, real, personal or mixed, or any interest therein, with a detailed description of the same, the location and reasonable value of each item thereof, together with a detailed list or statement of any and all liens, mortgages, or encumbrances thereon, showing the amounts due upon each and the owner or holder of such liens, encumbrances, or mortgages.
(Acts 1915, No. 813, p. 927; Code 1923, §7348; Code 1940, T. 7, §903.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-4/division-2/section-6-6-201/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 4 - Creditors' Actions.›Division 2 - Discovery of Assets.›Section 6-6-201 - Statement of Assets - Order to Appear Before Court for Oral Examination; Productio...
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 4 - Creditors' Actions. › Division 2 - Discovery of Assets. › Section 6-6-201 - Statement of Assets - Order to Appear Before Court for Oral Examination; Production of Papers, Etc.
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Section 6-6-201
Statement of assets - Order to appear before court for oral examination; production of papers, etc.
After the filing in court of such statement and such judgment remaining unsatisfied, upon the filing in said court by the judgment creditor or the attorney of record for such judgment creditor of an affidavit stating that such statement to the best of affiant's knowledge, information, and belief does not contain a full, true, and correct statement and description, of such assets as required in this division, the court shall make an order requiring such judgment debtor or debtors, when the judgment is against a person or firm, or the agent or agents of such debtor corporations to appear before such court on a day to be set by the court, not less than 10 days' notice of which order shall be served upon such judgment debtor, to submit to an oral examination, under oath, touching the nature, location, description, and value of such assets and, to this end, may require the production by such judgment creditor of any and all papers, documents, or books which may contain material evidence of such assets.
(Acts 1915, No. 813, p. 927; Code 1923, §7349; Code 1940, T. 7, §904.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-4/division-2/section-6-6-202/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 4 - Creditors' Actions.›Division 2 - Discovery of Assets.›Section 6-6-202 - Statement of Assets - Refusal to File or Submit to Oral Examination.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 4 - Creditors' Actions. › Division 2 - Discovery of Assets. › Section 6-6-202 - Statement of Assets - Refusal to File or Submit to Oral Examination.
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Section 6-6-202
Statement of assets - Refusal to file or submit to oral examination.
The willful refusal to file such statement as provided for in this division or to appear and submit to such oral examination shall constitute a contempt of court, and the person so adjudged by the court to be guilty of such contempt may be punished within the discretion of the court as now provided by law in cases of contempt of court.
(Acts 1915, No. 813, p. 927; Code 1923, §7350; Code 1940, T. 7, §905.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-4/division-2/section-6-6-203/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 4 - Creditors' Actions.›Division 2 - Discovery of Assets.›Section 6-6-203 - Taxation of Costs.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 4 - Creditors' Actions. › Division 2 - Discovery of Assets. › Section 6-6-203 - Taxation of Costs.
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Section 6-6-203
Taxation of costs.
The costs of the proceeding provided for in this division shall be taxed as other costs in the case, but the court may, within its discretion, tax the same against either party or apportion the same among such parties.
(Acts 1915, No. 813, p. 927; Code 1923, §7351; Code 1940, T. 7, §906.)
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