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https://law.justia.com/codes/alabama/title-6/chapter-8/article-1/section-6-8-1/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 8 - Miscellaneous Procedure.›Article 1 - Partition Actions.›Section 6-8-1 - Trial of Title or Adverse Claim Issues.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 8 - Miscellaneous Procedure. › Article 1 - Partition Actions. › Section 6-8-1 - Trial of Title or Adverse Claim Issues.
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Section 6-8-1
Trial of title or adverse claim issues.
In actions for partition of lands, either by metes and bounds or by sale for division when the same cannot be equitably partitioned among the owners, if the defendant denies the title of the plaintiff or asserts an adverse claim or title in himself, the circuit court need not dismiss the complaint, but may direct the issue as to the title of the plaintiff or as to such adverse claim or title of the defendant, to be tried as other issues of fact are triable. If neither party to the action demands a jury, the circuit court shall try such issues as to the title of plaintiff or as to such adverse claim or title of the defendant, together with the other facts or issues of the case.
(Code 1867, §3466; Code 1876, §3893; Code 1886, §3588; Code 1896, §828; Code 1907, §3205; Code 1923, §6635; Code 1940, T. 7, §326.)
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https://law.justia.com/codes/alabama/title-6/chapter-8/article-2/section-6-8-20/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 8 - Miscellaneous Procedure.›Article 2 - Funds Due Foreign Residents.›Section 6-8-20 - Payment to Consular Officer of Estate or Land Sale Funds Due Nonrepresented Foreign...
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 8 - Miscellaneous Procedure. › Article 2 - Funds Due Foreign Residents. › Section 6-8-20 - Payment to Consular Officer of Estate or Land Sale Funds Due Nonrepresented Foreigners.
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Section 6-8-20
Payment to consular officer of estate or land sale funds due nonrepresented foreigners.
Whenever upon the settlement of an estate or upon the sale of lands for division in any court of this state it is shown that any of the heirs, distributees, or other persons entitled to share in the funds derived therefrom, whether adults or minors, are residents and subjects of a foreign country and are not represented by counsel of their own employment, the personal representative, judge of probate, clerk, or register who may have the custody of said funds shall pay over the shares of such persons to the duly accredited consular officer of such country within whose jurisdiction the said court is situated and obtain from him full acquittance therefor.
(Acts 1911, No. 523, p. 572; Code 1923, §6657; Code 1940, T. 7, §347.)
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https://law.justia.com/codes/alabama/title-6/chapter-8/article-3/section-6-8-30/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 8 - Miscellaneous Procedure.›Article 3 - Abstracts for Judicial Sales.›Section 6-8-30 - Power to Have Abstract of Title Made; Inspection Thereof by Prospective Purchasers;...
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 8 - Miscellaneous Procedure. › Article 3 - Abstracts for Judicial Sales. › Section 6-8-30 - Power to Have Abstract of Title Made; Inspection Thereof by Prospective Purchasers; Costs of Abstract.
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Section 6-8-30
Power to have abstract of title made; inspection thereof by prospective purchasers; costs of abstract.
(a) Whenever any court shall order the sale of any real estate or interest therein, the court shall have power to have an abstract of the title of the property to be sold to be made by some competent person or company, which said abstract shall be filed with the officer making the sale for five days before the date of the sale, and which shall be open to the inspection and examination of any prospective purchaser.
(b) The court shall fix the compensation of the person or company making such abstract, and the amount so fixed shall be a part of the cost and expenses of said sale and shall be paid out of the proceeds thereof.
(Acts 1915, No. 545, p. 611; Code 1923, §§6661, 6662; Code 1940, T. 7, §§348, 349.)
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https://law.justia.com/codes/alabama/title-6/chapter-8/article-4/division-1/section-6-8-40/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 8 - Miscellaneous Procedure.›Article 4 - Notices and Hours of Sale.›Division 1 - General Provisions.›Section 6-8-40 - Subscribing, Taking, and Filing of Weekly Newspapers by Probate Judges.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 8 - Miscellaneous Procedure. › Article 4 - Notices and Hours of Sale. › Division 1 - General Provisions. › Section 6-8-40 - Subscribing, Taking, and Filing of Weekly Newspapers by Probate Judges.
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Section 6-8-40
Subscribing, taking, and filing of weekly newspapers by probate judges.
(a) Required. The judges of the several courts of probate must subscribe for, take and file in their respective offices one copy of each weekly newspaper published in their respective counties and, as soon as practicable after the end of each year, shall cause the number of such papers for the preceding year to be well bound and shall keep the same safely in their respective offices as the property of their respective counties. The respective county commissions must allow to such officers the sums paid by them for such subscription and binding.
(b) Exceptions. The duties imposed in subsection (a) of this section shall be and remain subject to such exceptions and modifications as have heretofore or as may hereafter be provided by law with respect to particular counties, however identified.
(c) Newspaper not published in county. If in any county there is no newspaper published, such officers may take and bind the papers of any adjoining county, in which the public printing and advertising of such county may be done.
(Code 1867, §§655, 656; Code 1876, §§566, 567; Code 1886, §§670, 671; Code 1896, §§3049, 3050; Code 1907, §§5190, 5191; Code 1923, §§9268, 9269; Code 1940, T. 7, §§724, 725; Acts 1984, No. 84-289, p. 501.)
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https://law.justia.com/codes/alabama/title-6/chapter-8/article-4/division-1/section-6-8-41/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 8 - Miscellaneous Procedure.›Article 4 - Notices and Hours of Sale.›Division 1 - General Provisions.›Section 6-8-41 - Hours of Sale.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 8 - Miscellaneous Procedure. › Article 4 - Notices and Hours of Sale. › Division 1 - General Provisions. › Section 6-8-41 - Hours of Sale.
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Section 6-8-41
Hours of sale.
All public sales shall be made between the hours of 11:00 A.M. and 4:00 P.M., but in the event such sale is not completed by 4:00 P.M., the same may continue until 5:00 P.M.
(Code 1923, §9267; Code 1940, T. 7, §723.)
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https://law.justia.com/codes/alabama/title-6/chapter-8/article-4/division-2/section-6-8-60/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 8 - Miscellaneous Procedure.›Article 4 - Notices and Hours of Sale.›Division 2 - Notices.›Section 6-8-60 - Designation of Newspaper for Publication of Notice; Publication Requirements.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 8 - Miscellaneous Procedure. › Article 4 - Notices and Hours of Sale. › Division 2 - Notices. › Section 6-8-60 - Designation of Newspaper for Publication of Notice; Publication Requirements.
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Section 6-8-60
Designation of newspaper for publication of notice; publication requirements.
(a) The party in interest or at whose instance the publication of notice is to be given by advertisement in a newspaper may designate the newspaper in which such advertisement shall be made. If the officer charged with the duty of making the advertisement disregards such designation and makes advertisement in some other paper, he or she must pay the cost thereof and shall not be entitled to reimbursement.
(b) All publications required by any law, mortgage, or other contract to be published in a newspaper must be published in any newspaper printed in the English language which has a general circulation in the county, regardless of where the paper is printed, if the principal editorial office of the newspaper is located within the county and which newspaper shall have been mailed under the publication class mailing privilege of the United States Postal Service from the post office where it is published for at least 51 weeks a year. The newspaper shall, without additional charge, also upload legal notice publications to a statewide website established and maintained by an entity having the capacity and ability to receive and upload notices from a majority of newspapers in this state. Any newspaper which also publishes a website in its own name shall also post legal notice publications on an Internet website published by the newspaper without additional charge.
Code 1876, §§553, 3970; Code 1886, §663; Code 1896, §3040; Code 1907, §5181; Code 1923, §9257; Acts 1935, No. 370, p. 791; Code 1940, T. 7, §713; Acts 1955, No. 551, p. 1207; Acts 1961, No. 566, p. 667; Acts 1963, No. 458, p. 990; Acts 1966, Ex. Sess., No. 395, p. 534; Acts 1971, 1st Ex. Sess., No. 131, p. 212; Acts 1971, 3rd Ex. Sess., No. 262, p. 4531; Act 2012-214, p. 387, §1.)
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https://law.justia.com/codes/alabama/title-6/chapter-8/article-4/division-2/section-6-8-61/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 8 - Miscellaneous Procedure.›Article 4 - Notices and Hours of Sale.›Division 2 - Notices.›Section 6-8-61 - Length of Publication When Not Otherwise Provided; Exception.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 8 - Miscellaneous Procedure. › Article 4 - Notices and Hours of Sale. › Division 2 - Notices. › Section 6-8-61 - Length of Publication When Not Otherwise Provided; Exception.
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Section 6-8-61
Length of publication when not otherwise provided; exception.
If the length of the publication is not otherwise prescribed, it must be for three successive weeks; provided, that the provisions of this section shall not apply to any sale held under the provisions of Section 7-9A-610.
(Code 1876, §3972; Code 1886, §664; Code 1896, §3041; Code 1907, §5182; Code 1923, §9258; Code 1940, T. 7, §714; Acts 1965, No. 549, p. 811; Act 2001-481, p. 647, §2.)
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https://law.justia.com/codes/alabama/title-6/chapter-8/article-4/division-2/section-6-8-62/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 8 - Miscellaneous Procedure.›Article 4 - Notices and Hours of Sale.›Division 2 - Notices.›Section 6-8-62 - Timing and Duration of Publication; Internet Publication.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 8 - Miscellaneous Procedure. › Article 4 - Notices and Hours of Sale. › Division 2 - Notices. › Section 6-8-62 - Timing and Duration of Publication; Internet Publication.
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Section 6-8-62
Timing and duration of publication; Internet publication.
(a) When the notice is required to be given for a specified number of weeks, it must be given by consecutive weekly insertions for the number of weeks so specified. When the notice is of a proceeding to be had or of an act to be done on a specified day:
(1) If the publication is for one week, the insertion must be not less than six days before such day;
(2) If for two weeks, the first insertion must be at least 12 days before such day;
(3) If for three weeks, the first insertion must be at least 18 days before such day;
(4) If for four weeks, the first insertion must be at least 24 days before such day;
(5) If for five weeks, the first insertion must be at least 30 days before such day;
(6) If for six weeks, the first insertion must be at least 36 days before such day; and
(7) So on at the same rate of increase, the time to be computed as provided in Section 1-1-4.
(b) When the time is specified in days, two weeks' notice is equal to 15 days' notice; three weeks to 20 days; four weeks to 30 days; and six weeks to 40 days.
(c) A newspaper publishing a notice shall also place the notice on an Internet website operated by the newspaper, if the newspaper publishes a website, and on a statewide website established and maintained by an entity having the capacity and ability to receive and upload legal notices from the majority of newspapers in this state as a repository for the notices. Posting on the Internet shall begin on the first day of insertion and run continuously until the expiration of the specified time. All newspaper notices required pursuant to this section to be placed on the Internet shall remain valid for all purposes, and the legality of the newspaper publication shall not be affected by the failure of the newspaper for any reason to upload legal notice publications to a statewide website or to another Internet website or to accurately post the notice publication on any website.
(Code 1896, §3043; Code 1907, §5184; Code 1923, §9260; Code 1940, T. 7, §716; Act 2012-214, p. 387, §1.)
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https://law.justia.com/codes/alabama/title-6/chapter-8/article-4/division-2/section-6-8-63/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 8 - Miscellaneous Procedure.›Article 4 - Notices and Hours of Sale.›Division 2 - Notices.›Section 6-8-63 - Suspension or Discontinuance of Paper Making Publication Before Publication Made or...
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 8 - Miscellaneous Procedure. › Article 4 - Notices and Hours of Sale. › Division 2 - Notices. › Section 6-8-63 - Suspension or Discontinuance of Paper Making Publication Before Publication Made or Completed.
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Section 6-8-63
Suspension or discontinuance of paper making publication before publication made or completed.
If publication is commenced or is directed in a particular paper and before it is made or completed there is a suspension or discontinuance of the publishing of such paper, then the publication may be made or completed in some other newspaper published in the county. If there is no other paper published in the county, the publication may be made or completed by posting notices, for the length of time prescribed, at the courthouse door and three other public places in the county, or the publication, if so desired by any party in interest, may be made or completed in some newspaper published in an adjoining county.
(Code 1867, §§642, 643; Code 1876, §§547, 548; Code 1886, §668; Code 1896, §3047; Code 1907, §5188; Code 1923, §9264; Code 1940, T. 7, §720.)
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https://law.justia.com/codes/alabama/title-6/chapter-8/article-4/division-2/section-6-8-64/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 8 - Miscellaneous Procedure.›Article 4 - Notices and Hours of Sale.›Division 2 - Notices.›Section 6-8-64 - Costs of Publication - Rates; Internet Publication; Applicability of Section.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 8 - Miscellaneous Procedure. › Article 4 - Notices and Hours of Sale. › Division 2 - Notices. › Section 6-8-64 - Costs of Publication - Rates; Internet Publication; Applicability of Section.
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Section 6-8-64
Costs of publication - Rates; Internet publication; applicability of section.
(a) The rate charged for publication of a public notice shall not exceed the lowest classified rate paid by or published on a rate card for commercial customers for an advertisement of similar size, and frequency in the same newspapers in which the public notice appears. The lowest classified rate paid by or published on a rate card for commercial customers for such advertisements shall be calculated to also include all cash discounts, multiple insertion discounts, and any other commercial contract benefits for which the public notice also qualifies.
(b) The newspaper publishing the notice shall place the notice on its own website, if it publishes a website, and a statewide website at no additional charge to government or to the party in interest or at whose instance the publication of a legal notice is to be given. The amount charged for the notice shall include publication in the print edition of the newspaper; the newspaper's website, if it publishes one; and the statewide website.
(c) The rates established in this section shall apply to any and all legal notices, advertisements, publications, statements, or other matter of whatever kind or character required by the Constitution of Alabama, by general, local, or special law or by rules or orders of courts to be published in newspapers in this state, whether the agency required to cause the publication to be made is an individual, officer, municipality, county, the state, governmental subdivision, or any other legal entity; provided, that rates established in this section shall not apply when a local law prescribes a different rate, in which event the local law shall be applicable.
(Code 1876, §3975; Code 1886, §666; Code 1896, §3045; Code 1907, §5186; Code 1923, §9262; Code 1940, T. 7, §§718-718(2); Acts 1951, No. 723, p. 1275; Acts 1953, No. 793, p. 1086, §§1, 2; Acts 1965, No. 464, p. 664; Acts 1965, No. 465, p. 664; Acts 1971, No. 1141, p. 1964; Acts 1976, No. 306, p. 339; Acts 1985, 2nd Ex. Sess., No. 85-882, p. 138, §1; Act 2012-214, p. 387, §1.)
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https://law.justia.com/codes/alabama/title-6/chapter-8/article-4/division-2/section-6-8-65/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 8 - Miscellaneous Procedure.›Article 4 - Notices and Hours of Sale.›Division 2 - Notices.›Section 6-8-65 - Costs of Publication - Affidavit That No Agreement Exists Between Officer and Publi...
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 8 - Miscellaneous Procedure. › Article 4 - Notices and Hours of Sale. › Division 2 - Notices. › Section 6-8-65 - Costs of Publication - Affidavit That No Agreement Exists Between Officer and Publisher, etc., and That Sum Charged Is Lowest.
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Section 6-8-65
Costs of publication - Affidavit that no agreement exists between officer and publisher, etc., and that sum charged is lowest.
All agreements between any officer charged with the duty of advertising legal notices in a newspaper and the printer, publisher, or manager of such paper whereby any advantage, gain, or profit is to accrue to such officer are void; and before the charge for such advertisement can be demanded or received, the officer and the printer, publisher, or manager must each make and file an affidavit that no such agreement exists. The printer, publisher, or manager must, in addition, make affidavit to the entity required to publish the legal notice that the sum charged does not exceed the lowest classified rate paid by commercial customers for an advertisement of similar size, and frequency in the same newspapers in which the public notice appears.
(Code 1867, §646; Code 1876, §551; Code 1886, §667; Code 1896, §3046; Code 1907, §5187; Code 1923, §9263; Code 1940, T. 7, §719; Act 2012-214, p. 387, §1.)
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https://law.justia.com/codes/alabama/title-6/chapter-8/article-4/division-2/section-6-8-66/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 8 - Miscellaneous Procedure.›Article 4 - Notices and Hours of Sale.›Division 2 - Notices.›Section 6-8-66 - Copies of Each Issue of Paper Containing Advertisement to Be Furnished to Parties.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 8 - Miscellaneous Procedure. › Article 4 - Notices and Hours of Sale. › Division 2 - Notices. › Section 6-8-66 - Copies of Each Issue of Paper Containing Advertisement to Be Furnished to Parties.
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Section 6-8-66
Copies of each issue of paper containing advertisement to be furnished to parties.
The publisher or manager of the newspaper must send to the officer or person making the advertisement a copy of each issue of the paper containing it, and a copy of such paper must be sent by mail to the person to whom the notice is directed, if his post office address can be ascertained, by the officer or person making the advertisement, such copy to be furnished by the publisher or manager of the newspaper in addition to the copy of each issue required in this section to be furnished.
(Code 1876, §3974; Code 1886, §665; Code 1896, §3044; Code 1907, §5185; Code 1923, §9261; Code 1940, T. 7, §717.)
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https://law.justia.com/codes/alabama/title-6/chapter-8/article-4/division-2/section-6-8-67/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 8 - Miscellaneous Procedure.›Article 4 - Notices and Hours of Sale.›Division 2 - Notices.›Section 6-8-67 - Newspapers as Evidence of Publication.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 8 - Miscellaneous Procedure. › Article 4 - Notices and Hours of Sale. › Division 2 - Notices. › Section 6-8-67 - Newspapers as Evidence of Publication.
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Section 6-8-67
Newspapers as evidence of publication.
The newspapers containing the advertisement shall be received as evidence of the fact of publication.
(Code 1886, §672; Code 1896, §3051; Code 1907, §5192; Code 1923, §9270; Code 1940, T. 7, §726.)
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https://law.justia.com/codes/alabama/title-6/chapter-8/article-4/division-2/section-6-8-68/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 8 - Miscellaneous Procedure.›Article 4 - Notices and Hours of Sale.›Division 2 - Notices.›Section 6-8-68 - Executors, Administrators, and Guardians in Probate Court.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 8 - Miscellaneous Procedure. › Article 4 - Notices and Hours of Sale. › Division 2 - Notices. › Section 6-8-68 - Executors, Administrators, and Guardians in Probate Court.
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Section 6-8-68
Executors, administrators, and guardians in probate court.
In all cases where notice is required by law to be given to executors, administrators, and guardians in the probate court, if affidavit shall be made that such executor, administrator, or guardian has been absent from the state for more than three months last passed, such notice shall be given by publication in a newspaper published in the county where such proceedings are had for two consecutive weeks or, if there is no such paper, by posting at the courthouse door for 15 days.
(Code 1896, §3042; Code 1907, §5183; Code 1923, §9259; Code 1940, T. 7, §715.)
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https://law.justia.com/codes/alabama/title-6/chapter-8/article-4/division-2/section-6-8-69/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 8 - Miscellaneous Procedure.›Article 4 - Notices and Hours of Sale.›Division 2 - Notices.›Section 6-8-69 - Postponement of Sale; Publication of Original Notice.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 8 - Miscellaneous Procedure. › Article 4 - Notices and Hours of Sale. › Division 2 - Notices. › Section 6-8-69 - Postponement of Sale; Publication of Original Notice.
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Section 6-8-69
Postponement of sale; publication of original notice.
Whenever it becomes necessary to postpone any sale that has been advertised to occur on a certain day, the same may be postponed by the auctioneer or attorney announcing, at the time set for sale, the date to which said sale is postponed; and the original notice shall be published once again, with a statement at the bottom that said sale has been postponed and the date when it will occur.
(Code 1923, §9266; Code 1940, T. 7, §722.)
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https://law.justia.com/codes/alabama/title-6/chapter-8/article-5/section-6-8-80/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 8 - Miscellaneous Procedure.›Article 5 - Counterclaims.›Section 6-8-80 - Judgments.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 8 - Miscellaneous Procedure. › Article 5 - Counterclaims. › Section 6-8-80 - Judgments.
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Section 6-8-80
Judgments.
Judgments may be set off against each other by a district or circuit court on motion.
(Code 1852, §2242; Code 1867, §2644; Code 1876, §2993; Code 1886, §2680; Code 1896, §3730; Code 1907, §5861; Code 1923, §10175; Code 1940, T. 7, §353.)
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https://law.justia.com/codes/alabama/title-6/chapter-8/article-5/section-6-8-81/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 8 - Miscellaneous Procedure.›Article 5 - Counterclaims.›Section 6-8-81 - Debt or Liquidated Demand Due Comaker or Principal.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 8 - Miscellaneous Procedure. › Article 5 - Counterclaims. › Section 6-8-81 - Debt or Liquidated Demand Due Comaker or Principal.
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Section 6-8-81
Debt or liquidated demand due comaker or principal.
A comaker or surety against whom an action is commenced jointly or alone may, with the consent of his comaker or principal, counterclaim a debt or liquidated demand due from the plaintiff at the commencement of the action to such comaker or principal.
(Code 1852, §2243; Code 1867, §2645; Code 1876, §2994; Code 1886, §2681; Code 1896, §3731; Code 1907, §5862; Code 1923, §10176; Code 1940, T. 7, §354.)
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https://law.justia.com/codes/alabama/title-6/chapter-8/article-5/section-6-8-82/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 8 - Miscellaneous Procedure.›Article 5 - Counterclaims.›Section 6-8-82 - Exemptions - Wages of Head of Family.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 8 - Miscellaneous Procedure. › Article 5 - Counterclaims. › Section 6-8-82 - Exemptions - Wages of Head of Family.
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Section 6-8-82
Exemptions - Wages of head of family.
The wages or hire of any head of a family in this state, not having property liable to levy and sale under execution, cannot be defeated or abated by any counterclaim of a money demand acquired by the person contracting to pay such wages by assignment or transfer, unless the parties otherwise agree in writing.
(Code 1852, §2240; Code 1867, §2642; Code 1876, §2991; Code 1886, §2678; Code 1896, §3728; Code 1907, §5858; Code 1923, §10172; Code 1940, T. 7, §350.)
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https://law.justia.com/codes/alabama/title-6/chapter-8/article-5/section-6-8-83/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 8 - Miscellaneous Procedure.›Article 5 - Counterclaims.›Section 6-8-83 - Exemptions - Negotiated Commercial Paper.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 8 - Miscellaneous Procedure. › Article 5 - Counterclaims. › Section 6-8-83 - Exemptions - Negotiated Commercial Paper.
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Section 6-8-83
Exemptions - Negotiated commercial paper.
Paper governed by the commercial law, negotiated before maturity, is not subject to counterclaim.
(Code 1852, §2244; Code 1867, §2646; Code 1876, §2995; Code 1886, §2684; Code 1896, §3733; Code 1907, §5864; Code 1923, §10178; Code 1940, T. 7, §356.)
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https://law.justia.com/codes/alabama/title-6/chapter-8/article-5/section-6-8-84/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 8 - Miscellaneous Procedure.›Article 5 - Counterclaims.›Section 6-8-84 - Effect of Statute of Limitations.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 8 - Miscellaneous Procedure. › Article 5 - Counterclaims. › Section 6-8-84 - Effect of Statute of Limitations.
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Section 6-8-84
Effect of statute of limitations.
When the defendant pleads a counterclaim to the plaintiff's demand, to which the plaintiff replies the statute of limitations, the defendant is nevertheless entitled to his counterclaim, where it was a legal subsisting claim at the time the right of action accrued to the plaintiff on the claim in the action.
(Code 1867, §2647; Code 1876, §2996; Code 1886, §2682; Code 1896, §3732; Code 1907, §5863; Code 1923, §10177; Code 1940, T. 7, §355.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 8 - Miscellaneous Procedure.›Article 5 - Counterclaims.›Section 6-8-85 - Judgment for Defendant - Permissive Counterclaims.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 8 - Miscellaneous Procedure. › Article 5 - Counterclaims. › Section 6-8-85 - Judgment for Defendant - Permissive Counterclaims.
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Section 6-8-85
Judgment for defendant - Permissive counterclaims.
If the debt or demand permissively counterclaimed exceeds the amount of the plaintiff's demand, the amount of such excess being found by the jury or court trying the same, judgment must be entered against the plaintiff for costs and in favor of the defendant for such excess, and where there is more than one defendant and the debt or demand permissively counterclaimed belongs to only one defendant, then judgment for such excess must be entered in favor of such defendant for such excess.
(Code 1852, §2241; Code 1867, §2643; Code 1876, §2992; Code 1886, §2679; Code 1896, §3729; Code 1907, §5860; Code 1923, §10174; Code 1940, T. 7, §352.)
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https://law.justia.com/codes/alabama/title-6/chapter-8/article-5/section-6-8-86/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 8 - Miscellaneous Procedure.›Article 5 - Counterclaims.›Section 6-8-86 - Judgment for Defendant - Compulsory Counterclaims.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 8 - Miscellaneous Procedure. › Article 5 - Counterclaims. › Section 6-8-86 - Judgment for Defendant - Compulsory Counterclaims.
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Section 6-8-86
Judgment for defendant - Compulsory counterclaims.
On a compulsory counterclaim, if the claim or demand of the defendant equals the claim or demand of the plaintiff, judgment must be entered for the defendant; if the claim or demand of the defendant exceeds the claim or demand of the plaintiff and the plaintiff is the party liable to its satisfaction, judgment must be entered against him in favor of the defendant for such excess and all costs.
(Code 1886, §2683; Code 1896, §3734; Code 1907, §5865; Code 1923, §10179; Code 1940, T. 7, §357.)
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https://law.justia.com/codes/alabama/title-6/chapter-8/article-6/section-6-8-100/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 8 - Miscellaneous Procedure.›Article 6 - Trials.›Section 6-8-100 - Answer of Tender; Judgment Thereon.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 8 - Miscellaneous Procedure. › Article 6 - Trials. › Section 6-8-100 - Answer of Tender; Judgment Thereon.
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Section 6-8-100
Answer of tender; judgment thereon.
An answer of tender of money or of a thing in action must be accompanied by a delivery of the money or such thing in action to the clerk of the court. If the tender is of ponderous articles or other personal property, the answer must aver a readiness to deliver it to the plaintiff. Judgment for the defendant upon the answer vests the title to the thing tendered in the plaintiff, subject to any claim the defendant may have for his trouble in keeping it.
(Code 1852, §§2245, 2246; Code 1867, §§2648, 2649; Code 1876, §§2997, 2998; Code 1886, §2585; Code 1896, §3298; Code 1907, §5334; Code 1923, §9473; Code 1940, T. 7, §228.)
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https://law.justia.com/codes/alabama/title-6/chapter-8/article-6/section-6-8-101/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 8 - Miscellaneous Procedure.›Article 6 - Trials.›Section 6-8-101 - Litigation on Merits After Loss on Certain Defenses Not Bar to Raising of Same Def...
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 8 - Miscellaneous Procedure. › Article 6 - Trials. › Section 6-8-101 - Litigation on Merits After Loss on Certain Defenses Not Bar to Raising of Same Defenses on Appeal.
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Section 6-8-101
Litigation on merits after loss on certain defenses not bar to raising of same defenses on appeal.
A party may raise the defenses of (1) lack of jurisdiction over the subject matter, (2) lack of jurisdiction over the person, (3) improper venue, (4) insufficiency of process, and (5) insufficiency of service of process and, losing thereon, proceed to litigate on the merits; and, losing on the merits, the party may appeal and, on appeal, attack the judgment both on the merits and on such grounds (1) through (5) as he urged below.
(Code 1852, §2255; Code 1867, §2658; Code 1876, §3007; Code 1886, §2692; Code 1896, §3305; Code 1907, §5370; Code 1923, §9517; Code 1940, T. 7, §242.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 8 - Miscellaneous Procedure.›Article 6 - Trials.›Section 6-8-102 - Filing of Copies in Place of Missing Pleadings, Etc.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 8 - Miscellaneous Procedure. › Article 6 - Trials. › Section 6-8-102 - Filing of Copies in Place of Missing Pleadings, Etc.
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Section 6-8-102
Filing of copies in place of missing pleadings, etc.
If any of the original pleadings, motions, or other papers shall be lost, destroyed, or withheld by any person, the court may order a copy to be filed in the place of the missing original.
(Code 1852, §2268; Code 1867, §2672; Code 1876, §3022; Code 1886, §2734; Code 1896, §3310; Code 1907, §5349; Code 1923, §9488; Code 1940, T. 7, §250.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 8 - Miscellaneous Procedure.›Article 6 - Trials.›Section 6-8-103 - Allowing Omissions in Testimony to Be Supplied.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 8 - Miscellaneous Procedure. › Article 6 - Trials. › Section 6-8-103 - Allowing Omissions in Testimony to Be Supplied.
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Section 6-8-103
Allowing omissions in testimony to be supplied.
The court may, at its discretion, at any time before the conclusion of the argument, when it appears to be necessary to the due administration of justice, allow a party to supply an omission in the testimony on such terms and under such limitations as the court may prescribe.
(Code 1907, §5351; Code 1923, §9490; Code 1940, T. 7, §252.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 8 - Miscellaneous Procedure.›Article 6 - Trials.›Section 6-8-104 - Limit of Two New Trials.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 8 - Miscellaneous Procedure. › Article 6 - Trials. › Section 6-8-104 - Limit of Two New Trials.
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Section 6-8-104
Limit of two new trials.
No more than two new trials can be granted the same party in any cause of action.
(Code 1852, §2267; Code 1867, §2671; Code 1876, §3021; Code 1886, §2738; Code 1896, ,§3314; Code 1907, §5354; Code 1923, §9519; Code 1940, T. 7, §277.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 9 - Judgments.›Article 1 - General Provisions.›Section 6-9-1 - Executions on Judgments; Forms Thereof.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 1 - General Provisions. › Section 6-9-1 - Executions on Judgments; Forms Thereof.
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Section 6-9-1
Executions on judgments; forms thereof.
The party in whose favor a judgment is entered, whether for debt, damages, or costs, for the satisfaction thereof, may, within 10 years thereafter, have a writ of execution against the lands and goods of the party against whom such judgment is entered. When the judgment is for specific property or the alternate value, or for the possession of lands, appropriate writs of execution may issue for the satisfaction thereof. Such writs of execution must substantially conform to the following forms:
(Form of Writ of Execution)
The State of Alabama,
_______ County.
To any Sheriff of the State of Alabama:
You are hereby commanded that of the goods and chattels, lands, and tenements of _____, you cause to be made the sum of _____ dollars, which _____ recovered of him on the _____ day of _____, 2__, by the judgment of the circuit (or district) court, held for the County of _____, besides _____ dollars, costs of the action; and have the same to render to the said _____; and make return of this writ and the execution thereof according to law.
Witness my hand, this _____ day of _____, 2__.
_____ Clerk or Register.
(Form of Writ of Possession and Execution)
The State of Alabama,
_______ County.
To any Sheriff of the State of Alabama:
You are hereby commanded to deliver to _____, possession of the lands and tenements which the said _____ recovered of _____ by the judgment of our circuit (or district) court, held for the County of _____ on the _____ day of _____, 2__, viz.: (Describe the land recovered). You are further commanded of the goods and chattels, lands, and tenements of the said _____, you cause to be made the sum of _____ dollars damages adjudged to the said _____, and also the further sum of _____ dollars, costs of the action; and make return of this writ and the execution thereof according to law.
Witness my hand, this _____ day of _____, 2__.
_____ Clerk or Register.
(Form of Writ for Seizure and Delivery of Specific Property)
The State of Alabama,
_______ County.
To any Sheriff of the State of Alabama:
You are hereby commanded to seize and deliver to _____ the following personal property, viz.: (Describe the property recovered), which the said _____, on the _____ day of _____, 2__, by judgment of our circuit (or district) court, held for the County of _____, recovered of _____, if the same can be had; if not, you are hereby commanded that of the goods and chattels, land, and tenements of the said _____, you cause to be made the sum of _____ dollars, the alternate value of the personal property, viz.: (Set out the assessed value of each item of personal property). Also the further sum of _____ dollars for the detention of said property by the said _____, besides _____ dollars, costs of the action; and make return of this writ and the execution thereof according to law.
Witness my hand, this _____ day of _____, 2__.
_____ Clerk or Register.
(Code 1852, §2422; Code 1867, §2837; Code 1876, §3179; Code 1886, §2882; Code 1896, §1880; Code 1907, §4077; Code 1923, §7793; Code 1940, T. 7, §506.)
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https://law.justia.com/codes/alabama/title-6/chapter-9/article-1/section-6-9-2/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 9 - Judgments.›Article 1 - General Provisions.›Section 6-9-2 - Right of Surety Paying Judgment or Execution.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 1 - General Provisions. › Section 6-9-2 - Right of Surety Paying Judgment or Execution.
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Section 6-9-2
Right of surety paying judgment or execution.
The surety paying off such judgment or execution shall have control thereof and the same right to enforce it as the plaintiff would have had, but for the payment.
(Code 1907, §4086; Code 1923, §7801; Code 1940, T. 7, §514.)
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https://law.justia.com/codes/alabama/title-6/chapter-9/article-2/section-6-9-20/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 9 - Judgments.›Article 2 - Issuance of Executions.›Section 6-9-20 - Who May Issue.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 2 - Issuance of Executions. › Section 6-9-20 - Who May Issue.
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Section 6-9-20
Who may issue.
The judge of any court may frame, or cause to be issued by the clerk or register, any writ of execution or process necessary to carry into effect any lawful judgment entered in his court.
(Code 1907, §4078; Code 1923, §7794; Code 1940, T. 7, §507.)
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https://law.justia.com/codes/alabama/title-6/chapter-9/article-2/section-6-9-21/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 9 - Judgments.›Article 2 - Issuance of Executions.›Section 6-9-21 - When Execution to Issue - Generally.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 2 - Issuance of Executions. › Section 6-9-21 - When Execution to Issue - Generally.
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Section 6-9-21
When execution to issue - Generally.
Within 90 days from the entry of a judgment, the clerk or register must issue execution thereon in favor of the successful party unless otherwise directed by the court or the judge presiding at the trial of the case or by the written direction of owner of the judgment or his attorney of record. The writ must be signed by the clerk or register, and tested on the day it is issued.
(Code 1852, §2423; Code 1867, §2838; Code 1876, §3180; Code 1886, §2883; Code 1896, §1881; Code 1907, §4079; Acts 1915, No. 206, p. 270; Code 1923, §7795; Acts 1936, Ex. Sess., No. 157, p. 181; Code 1940, T. 7, §508.)
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https://law.justia.com/codes/alabama/title-6/chapter-9/article-2/section-6-9-22/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 9 - Judgments.›Article 2 - Issuance of Executions.›Section 6-9-22 - When Execution to Issue - Prior to Time Prescribed.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 2 - Issuance of Executions. › Section 6-9-22 - When Execution to Issue - Prior to Time Prescribed.
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Section 6-9-22
When execution to issue - Prior to time prescribed.
Upon the entry of judgment, execution may be issued by leave of the court before the time prescribed in the Alabama Rules of Civil Procedure for the issuing of executions, the plaintiff, his agent, or attorney showing sufficient cause therefor by affidavit; but the defendant is not prevented thereby from moving for a new trial nor deprived of any right he would otherwise have had.
(Code 1852, §2426; Code 1867, §2841; Code 1876, §3183; Code 1886, §2886; Code 1896, §1884; Code 1907, §4082; Acts 1915, No. 206, p. 270; Code 1923, §7797; Code 1940, T. 7, §510.)
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https://law.justia.com/codes/alabama/title-6/chapter-9/article-2/section-6-9-23/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 9 - Judgments.›Article 2 - Issuance of Executions.›Section 6-9-23 - When Execution to Issue - Fraudulent Disposal or Removal of Property by Defendant.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 2 - Issuance of Executions. › Section 6-9-23 - When Execution to Issue - Fraudulent Disposal or Removal of Property by Defendant.
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Section 6-9-23
When execution to issue - Fraudulent disposal or removal of property by defendant.
After the entry of judgment and before the expiration of the time limited by the Alabama Rules of Civil Procedure, on affidavit being made and filed that the defendant is about fraudulently to dispose of or remove his property and that thereby the plaintiff will probably lose his debt, the clerk or register must issue execution against the property of the defendant.
(Code 1852, §2427; Code 1867, §2842; Code 1876, §3184; Code 1886, §2887; Code 1896, §1885; Code 1907, §4083; Acts 1915, No. 206, p. 270; Code 1923, §7798; Code 1940, T. 7, §511.)
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https://law.justia.com/codes/alabama/title-6/chapter-9/article-2/section-6-9-24/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 9 - Judgments.›Article 2 - Issuance of Executions.›Section 6-9-24 - Alias Writs.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 2 - Issuance of Executions. › Section 6-9-24 - Alias Writs.
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Section 6-9-24
Alias writs.
(a) More than one writ of execution may be issued at the plaintiff's cost, though the first be not returned; and when a writ of execution is returned not satisfied, or satisfied only in part, an alias writ of execution may be issued.
(b) When a judgment has been satisfied in part and an alias execution is issued, the clerk or register must endorse thereon the amount which had been previously made with the date of its collection or payment.
(Code 1852, §§2428, 2430; Code 1867, §§2843, 2845; Code 1876, §§3185, 3187; Code 1886, §§2888, 2890; Code 1896, §§1886, 1888; Code 1907, §§4087, 4089; Code 1923, §§7802, 7804; Code 1940, T. 7, §§515, 517.)
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https://law.justia.com/codes/alabama/title-6/chapter-9/article-2/section-6-9-25/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 9 - Judgments.›Article 2 - Issuance of Executions.›Section 6-9-25 - Execution by Coroner or Special Coroner.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 2 - Issuance of Executions. › Section 6-9-25 - Execution by Coroner or Special Coroner.
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Section 6-9-25
Execution by coroner or special coroner.
When the office of sheriff is vacant and until his successor qualifies, when the sheriff is imprisoned, in cases to which he is a party, in cases in which he is interested or for any legal cause is incompetent to act, if such interest or cause appears on the face of the proceedings, the execution must be directed to, and executed by, the coroner or special coroner, as the case may be.
(Code 1852, §2429; Code 1867, §2844; Code 1876, §3186; Code 1886, §2889; Code 1896, §1887; Code 1907, §4088; Code 1923, §7803; Code 1940, T. 7, §516.)
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https://law.justia.com/codes/alabama/title-6/chapter-9/article-2/section-6-9-26/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 9 - Judgments.›Article 2 - Issuance of Executions.›Section 6-9-26 - Certification of Total Court Costs and Fees to Accompany Execution.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 2 - Issuance of Executions. › Section 6-9-26 - Certification of Total Court Costs and Fees to Accompany Execution.
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Section 6-9-26
Certification of total court costs and fees to accompany execution.
At the foot, or on some part, of the execution, the clerk or register of such court shall certify the total amount of court costs and fees to accompany execution, but otherwise, such court costs and fees need not be itemized in, or on, executions. Without such total amount of the costs and fees being placed upon said execution, the clerk or register issuing the execution forfeits all rights to receive any costs and fees in that case.
(Code 1852, §§2425, 3061; Code 1867, §§2840, 3532; Code 1876, §§3182, 5015; Code 1886, §2885; Code 1896, §1883; Code 1907, §4081; Code 1923, §7796; Code 1940, T. 7, §509; Acts 1949, No. 276, p. 402; Acts 1963, 2nd Ex. Sess., No. 139, p. 325.)
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https://law.justia.com/codes/alabama/title-6/chapter-9/article-2/section-6-9-27/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 9 - Judgments.›Article 2 - Issuance of Executions.›Section 6-9-27 - Execution Against Plaintiff for Costs.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 2 - Issuance of Executions. › Section 6-9-27 - Execution Against Plaintiff for Costs.
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Section 6-9-27
Execution against plaintiff for costs.
When execution against the defendant is returned "no property found," execution may issue against the plaintiff, in the name of the clerk or the register of the court, for all the costs created by him in obtaining his judgment.
(Code 1852, §2431; Code 1867, §2846; Code 1876, §3188; Code 1886, §2891; Code 1896, §1889; Code 1907, §4090; Code 1923, §7805; Code 1940, T. 7, §518.)
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https://law.justia.com/codes/alabama/title-6/chapter-9/article-3/section-6-9-40/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 9 - Judgments.›Article 3 - Property Subject to Execution.›Section 6-9-40 - Real and Personal Property; Equity of Redemption Therein.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 3 - Property Subject to Execution. › Section 6-9-40 - Real and Personal Property; Equity of Redemption Therein.
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Section 6-9-40
Real and personal property; equity of redemption therein.
Executions may be levied:
(1) On real property to which the defendant has a legal title or a perfect equity, having paid the purchase money, or in which he has a vested legal interest in possession, reversion, or remainder, whether he has the entire estate or is entitled to it in common with others.
(2) On personal property of the defendant, except things in action, whether he has the absolute title thereto or the right only to the possession thereof for his own life, the life of another or any shorter period, but this does not apply to a possession acquired by a bona fide hiring of chattels.
(3) On an equity of redemption in either land or personal property. When any interest less than the absolute title is sold, the purchaser is subrogated to all the rights of the defendant and subject to all his disabilities.
(Code 1852, §2455; Code 1867, §2871; Code 1876, §3209; Code 1886, §2892; Code 1896, §1890; Code 1907, §4091; Code 1923, §7806; Code 1940, T. 7, §519.)
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https://law.justia.com/codes/alabama/title-6/chapter-9/article-3/section-6-9-41/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 9 - Judgments.›Article 3 - Property Subject to Execution.›Section 6-9-41 - Growing or Ungathered Crops.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 3 - Property Subject to Execution. › Section 6-9-41 - Growing or Ungathered Crops.
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Section 6-9-41
Growing or ungathered crops.
No execution or other legal process must be levied upon a growing or ungathered crop of any description except for the purpose of enforcing liens upon such crop for rent, advances, or labor as prescribed by law.
(Code 1886, §2893; Code 1896, §1891; Code 1907, §4092; Code 1923, §7807; Code 1940, T. 7, §520.)
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https://law.justia.com/codes/alabama/title-6/chapter-9/article-4/section-6-9-60/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 9 - Judgments.›Article 4 - Lien of Execution.›Section 6-9-60 - When Writ of Execution Becomes Lien.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 4 - Lien of Execution. › Section 6-9-60 - When Writ of Execution Becomes Lien.
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Section 6-9-60
When writ of execution becomes lien.
A writ of execution is a lien only within the county in which it is received by the officer authorized to execute it on the lands of the defendant in such county subject to levy and sale from the time the writ is levied by him and notice of levy as provided in Section 35-4-132 is filed for record with the judge of probate of such county. Such writ is a lien upon the personal property of the defendant subject to levy and sale from the time only that the writ is levied upon such personal property.
(Code 1852, §2456; Code 1867, §2872; Code 1876, §3210; Code 1886, §2894; Code 1896, §1892; Code 1907, §4093; Code 1923, §7808; Code 1940, T. 7, §521.)
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https://law.justia.com/codes/alabama/title-6/chapter-9/article-4/section-6-9-61/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 9 - Judgments.›Article 4 - Lien of Execution.›Section 6-9-61 - Destruction of Lien Upon Execution of Bond for Appeal, Etc.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 4 - Lien of Execution. › Section 6-9-61 - Destruction of Lien Upon Execution of Bond for Appeal, Etc.
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Section 6-9-61
Destruction of lien upon execution of bond for appeal, etc.
The execution of a bond for an appeal by which the judgment is suspended or the execution of a bond by the defendant upon the proper officer granting an injunction, stay of execution, or restraining order destroys the lien created by the recording of the certificate of the judgment or the levy of the execution upon personal property. The clerk of the court in which such bond, injunction, stay, or restraining order is granted shall, at the request of the party filing such bond or obtaining such order, note such fact on the margin of the record where the certificate of judgment is recorded in the event such certificate has been filed in the probate office.
(Code 1852, §2458; Code 1867, §2874; Code 1876, §3212; Code 1886, §2896; Code 1896, §1894; Code 1907, §4094; Code 1923, §7809; Code 1940, T. 7, §522.)
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https://law.justia.com/codes/alabama/title-6/chapter-9/article-4/section-6-9-62/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 9 - Judgments.›Article 4 - Lien of Execution.›Section 6-9-62 - Levy of Execution After Defendant's Death.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 4 - Lien of Execution. › Section 6-9-62 - Levy of Execution After Defendant's Death.
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Section 6-9-62
Levy of execution after defendant's death.
A writ of execution issued and received by the sheriff during the life of the defendant may be levied after his death or an alias issued and levied within 10 years from the date of the judgment if at the time of his death there was of record, in the county where the property is, a certificate of the judgment on which the execution issued.
(Code 1852, §2459; Code 1867, §2875; Code 1876, §3213; Code 1886, §2897; Code 1896, §1895; Code 1907, §4095; Code 1923, §7810; Code 1940, T. 7, §523.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 9 - Judgments.›Article 4 - Lien of Execution.›Section 6-9-63 - Execution Where Defendant Dead.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 4 - Lien of Execution. › Section 6-9-63 - Execution Where Defendant Dead.
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Section 6-9-63
Execution where defendant dead.
After six months from the date of the grant of letters testamentary or of administration on the estate of any defendant, in a judgment for money, execution thereof may be had by leave of the court entering the judgment, or of the judge thereof, upon cause shown, against any property on which said judgment was a lien at the time of the death of the defendant, and a sale of such property may be made in the same manner and with the same effect as if the defendant were living. In case of the death of the defendant in a judgment for the recovery of real or personal property, execution may be had without revival in the same manner as if the defendant had not died.
(Code 1907, §4096; Code 1923, §7811; Code 1940, T. 7, §524.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 9 - Judgments.›Article 5 - Levy, Sale and Return.›Division 1 - General Provisions.›Section 6-9-80 - Time for Execution and Return.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 5 - Levy, Sale and Return. › Division 1 - General Provisions. › Section 6-9-80 - Time for Execution and Return.
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Section 6-9-80
Time for execution and return.
The sheriff or other officer receiving an execution must execute the writ with diligence and, if practicable, perform the mandate thereof and make return of his acts to the clerk or register, as soon as practicable and not later than 90 days from the date of the execution.
(Code 1852, §2437; Code 1867, §2852; Code 1876, §3190; Code 1886, §2899; Code 1896, §1897; Code 1907, §4098; Code 1923, §7813; Code 1940, T. 7, §526.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 9 - Judgments.›Article 5 - Levy, Sale and Return.›Division 1 - General Provisions.›Section 6-9-81 - Indemnity Bond.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 5 - Levy, Sale and Return. › Division 1 - General Provisions. › Section 6-9-81 - Indemnity Bond.
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Section 6-9-81
Indemnity bond.
(a) When a reasonable doubt exists whether the personal property levied on belongs to the defendant or whether personal property alleged to be his is subject to levy and sale, the sheriff may require of the plaintiff, his agent or attorney a bond of indemnity, and if it is not given within 10 days thereafter, he may restore the property to the defendant, if levied on, or decline to levy, if one has not been made; but he may be required to levy and sell at any time thereafter on being indemnified.
(b) If any party having the prior lien refuses to give such indemnity on demand of the sheriff, the party having the next lien in order may give it and have the property sold for his benefit.
(Code 1852, §§2444, 2445; Code 1867, §§2858, 2859; Code 1876, §§3196, 3197; Code 1886, §§2905, 2906; Code 1896, §§1903, 1904; Code 1907, §§4107, 4108; Code 1923, §§7822, 7823; Code 1940, T. 7, §§533, 534.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 9 - Judgments.›Article 5 - Levy, Sale and Return.›Division 1 - General Provisions.›Section 6-9-82 - Notice Where Levy on Real Estate.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 5 - Levy, Sale and Return. › Division 1 - General Provisions. › Section 6-9-82 - Notice Where Levy on Real Estate.
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Section 6-9-82
Notice where levy on real estate.
When the levy is on real estate, personal notice thereof must be given to the defendant or a notice thereof in writing left at his residence, if resident in the county; if not resident in the county, then by putting up a written notice at the courthouse door, and the manner of giving notice must be stated in the return.
(Code 1852, §2443; Code 1867, §2857; Code 1876, §3195; Code 1886, §2904; Code 1896, §1902; Code 1907, §4104; Code 1923, §7819; Code 1940, T. 7, §531.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 9 - Judgments.›Article 5 - Levy, Sale and Return.›Division 1 - General Provisions.›Section 6-9-83 - Levy on Property of Principal First if Execution Against Sureties.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 5 - Levy, Sale and Return. › Division 1 - General Provisions. › Section 6-9-83 - Levy on Property of Principal First if Execution Against Sureties.
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Section 6-9-83
Levy on property of principal first if execution against sureties.
When execution issues against two or more persons, any of whom were sureties on the contract before the judgment, the sheriff must levy on the property of the principal first, if any can be found in the county, on the application of such surety; and he may require of the surety affidavit of the fact of suretyship, which he must file with the execution.
(Code 1852, §2448; Code 1867, §2862; Code 1876, §3200; Code 1886, §2909; Code 1896, §1907; Code 1907, §4112; Code 1923, §7827; Code 1940, T. 7, §539.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 9 - Judgments.›Article 5 - Levy, Sale and Return.›Division 1 - General Provisions.›Section 6-9-84 - Charging of Subjected Property Sold by Debtor.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 5 - Levy, Sale and Return. › Division 1 - General Provisions. › Section 6-9-84 - Charging of Subjected Property Sold by Debtor.
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Section 6-9-84
Charging of subjected property sold by debtor.
When property is subject to a lien and part of it is sold by the debtor, the part remaining in him should be first applied to the payment of the lien. If the property subject to such lien is sold in several parcels at different times, the parcels should be charged in the inverse order of their alienation.
(Code 1907, §4116; Code 1923, §7831; Code 1940, T. 7, §543.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 9 - Judgments.›Article 5 - Levy, Sale and Return.›Division 1 - General Provisions.›Section 6-9-85 - Levy and Sale on Undivided Interest in Property.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 5 - Levy, Sale and Return. › Division 1 - General Provisions. › Section 6-9-85 - Levy and Sale on Undivided Interest in Property.
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Section 6-9-85
Levy and sale on undivided interest in property.
When a defendant in execution shall own, or be entitled to, an undivided interest in any property not exclusively in his own possession, such interest may be levied on and sold by the sheriff without taking the property into actual possession, and such sale shall vest in the purchaser all the interest of the defendant in such property.
(Code 1907, §4106; Code 1923, §7821; Code 1940, T. 7, §532.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 9 - Judgments.›Article 5 - Levy, Sale and Return.›Division 1 - General Provisions.›Section 6-9-86 - Sale of Levied Property - Time and Place; Continuances.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 5 - Levy, Sale and Return. › Division 1 - General Provisions. › Section 6-9-86 - Sale of Levied Property - Time and Place; Continuances.
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Section 6-9-86
Sale of levied property - Time and place; continuances.
Lands, when levied on under execution from any court of record, must be sold on any Monday in the month at the courthouse of the county. Other property may be sold on any day, except Sunday, either at the courthouse, the residence of the defendant, the place where levied on, or the neighborhood thereof, as may be most expedient. The sale may be continued from day to day if rendered necessary by the inclemency of the weather or from inability to conclude the sale in one day.
(Code 1852, §2446; Code 1867, §2860; Code 1876, §3198; Code 1886, §2907; Code 1896, §1905; Code 1907, §4109; Code 1923, §7824; Code 1940, T. 7, §535.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 9 - Judgments.›Article 5 - Levy, Sale and Return.›Division 1 - General Provisions.›Section 6-9-87 - Sale of Levied Property - Notice.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 5 - Levy, Sale and Return. › Division 1 - General Provisions. › Section 6-9-87 - Sale of Levied Property - Notice.
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Section 6-9-87
Sale of levied property - Notice.
In sales of personal property, notice must be given by advertisement at the courthouse door and also by publication in a newspaper, if one is published in the county, for 10 days previous to such sale, but only one insertion in such newspaper shall be necessary. In sales of real property, the publication in such newspaper must be once a week for three successive weeks and by posting up notice for 30 days at the courthouse door previous to the sale.
(Code 1852, §2447; Code 1867, §2861; Code 1876, §3199; Code 1886, §2908; Code 1896, §1906; Code 1907, §4110; Code 1923, §7825; Code 1940, T. 7, §536.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 9 - Judgments.›Article 5 - Levy, Sale and Return.›Division 1 - General Provisions.›Section 6-9-88 - Sale of Levied Property - Perishable Goods and Chattels - Generally.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 5 - Levy, Sale and Return. › Division 1 - General Provisions. › Section 6-9-88 - Sale of Levied Property - Perishable Goods and Chattels - Generally.
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Section 6-9-88
Sale of levied property - Perishable goods and chattels - Generally.
When goods and chattels are levied on which in their nature are perishable and in danger of immediate waste or decay, the officer levying shall sell them at such time, on such notice and at such place as a sound discretion may warrant, being liable for an abuse of his discretion to any party injured.
(Code 1907, §4111; Code 1923, §7826; Code 1940, T. 7, §537.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 9 - Judgments.›Article 5 - Levy, Sale and Return.›Division 1 - General Provisions.›Section 6-9-89 - Sale of Levied Property - Perishable Goods and Chattels - Strawberries.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 5 - Levy, Sale and Return. › Division 1 - General Provisions. › Section 6-9-89 - Sale of Levied Property - Perishable Goods and Chattels - Strawberries.
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Section 6-9-89
Sale of levied property - Perishable goods and chattels - Strawberries.
When strawberries are levied on or seized under any writ of detinue, writ of attachment, or writ of execution, the sheriff or constable making the levy or seizure shall, unless a replevy bond or forthcoming bond is immediately executed by the defendant, proceed forthwith to sell the strawberries so levied on or seized either at public or private sale, as he may deem best, and the proceeds of such sale shall be by such officer paid into the court out of which said writ was issued and shall be held by such court pending the final disposition of the case.
(Acts 1931, No. 348, p. 407; Code 1940, T. 7, §538.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 9 - Judgments.›Article 5 - Levy, Sale and Return.›Division 1 - General Provisions.›Section 6-9-90 - Sale of Levied Property - Rights of Debtor - Designation of Property to Be Sold Fir...
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 5 - Levy, Sale and Return. › Division 1 - General Provisions. › Section 6-9-90 - Sale of Levied Property - Rights of Debtor - Designation of Property to Be Sold First.
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Section 6-9-90
Sale of levied property - Rights of debtor - Designation of property to be sold first.
When a defendant in execution shall point out any of his property on which to levy the execution, the sheriff or other officer shall be bound to take and sell that first if the same is, in the opinion of such levying officer, sufficient to satisfy such judgment and costs.
(Code 1907, §4115; Code 1923, §7830; Code 1940, T. 7, §542.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 9 - Judgments.›Article 5 - Levy, Sale and Return.›Division 1 - General Provisions.›Section 6-9-91 - Sale of Levied Property - Rights of Debtor - Substitution of Other Property.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 5 - Levy, Sale and Return. › Division 1 - General Provisions. › Section 6-9-91 - Sale of Levied Property - Rights of Debtor - Substitution of Other Property.
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Section 6-9-91
Sale of levied property - Rights of debtor - Substitution of other property.
The debtor has the right, on the day of the sale, to substitute other property of equal value, not covered by any lien, in lieu of that levied on, which fact, and a description of the property substituted, must be endorsed on, or appended to, the execution, and the substituted property be sold in lieu of that levied on.
(Code 1852, §2450; Code 1867, §2864; Code 1876, §3202; Code 1886, §2911; Code 1896, §1909; Code 1907, §4114; Code 1923, §7829; Code 1940, T. 7, §541.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 9 - Judgments.›Article 5 - Levy, Sale and Return.›Division 1 - General Provisions.›Section 6-9-92 - Sale of Levied Property - Notice to Plaintiff of Money Made.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 5 - Levy, Sale and Return. › Division 1 - General Provisions. › Section 6-9-92 - Sale of Levied Property - Notice to Plaintiff of Money Made.
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Section 6-9-92
Sale of levied property - Notice to plaintiff of money made.
When the money, or any part thereof, has been made on an execution, the officer must give the plaintiff, his agent or attorney personal notice thereof within 10 days thereafter, if resident in the county; if not resident in the county and he knows the residence of them, or either of them, such notice may be sent by mail through the postal service.
(Code 1852, §2451; Code 1867, §2865; Code 1876, §3202; Code 1886, §2912; Code 1896, §1910; Code 1907, §4117; Code 1923, §7832; Code 1940, T. 7, §544.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 9 - Judgments.›Article 5 - Levy, Sale and Return.›Division 1 - General Provisions.›Section 6-9-93 - Sale of Levied Property - Payment to Debtor.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 5 - Levy, Sale and Return. › Division 1 - General Provisions. › Section 6-9-93 - Sale of Levied Property - Payment to Debtor.
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Section 6-9-93
Sale of levied property - Payment to debtor.
When, at an execution sale, the amount of the sale exceeds the judgment, interest and costs, the excess must be paid to the debtor or his legal representative. When money is paid or collected on an execution, the whole or any part of which is enjoined, the same must, on demand, be refunded to the debtor or his legal representative if it has been paid over to the plaintiff, his agent or attorney without notice of the injunction.
(Code 1852, §2452; Code 1867, §2866; Code 1876, §3204; Code 1886, §2913; Code 1896, §1911; Code 1907, §4118; Code 1923, §7833; Code 1940, T. 7, §545.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 9 - Judgments.›Article 5 - Levy, Sale and Return.›Division 1 - General Provisions.›Section 6-9-94 - Death of Party After Execution Issued.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 5 - Levy, Sale and Return. › Division 1 - General Provisions. › Section 6-9-94 - Death of Party After Execution Issued.
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Section 6-9-94
Death of party after execution issued.
The death of any plaintiff or defendant after the issuance or the levy of an execution on personal or real estate shall not affect the duty of the officer making the levy to proceed and sell as if such death had not occurred.
(Code 1907, §4101; Code 1923, §7816; Code 1940, T. 7, §528.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 9 - Judgments.›Article 5 - Levy, Sale and Return.›Division 1 - General Provisions.›Section 6-9-95 - Levying Officer to Provide Sustenance for Unsold Livestock.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 5 - Levy, Sale and Return. › Division 1 - General Provisions. › Section 6-9-95 - Levying Officer to Provide Sustenance for Unsold Livestock.
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Section 6-9-95
Levying officer to provide sustenance for unsold livestock.
When livestock is levied on and remains in the hands of the officer for sale, he or she must provide sustenance therefor, and it is his or her duty to hire out or employ the equine or equidae or other stock, if practicable, for their support. If unable to do so, he or she must be allowed by the court a reasonable compensation for their support, which he or she may retain from the proceeds of the sale.
(Code 1852, §2442; Code 1867, §2856; Code 1876, §3194; Code 1886, §2903; Code 1896, §1901; Code 1907, §4103; Code 1923, §7818; Code 1940, T. 7, §530; Act 2004-627, p. 1421, §1.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 9 - Judgments.›Article 5 - Levy, Sale and Return.›Division 1 - General Provisions.›Section 6-9-96 - Return - Unexecuted Writ.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 5 - Levy, Sale and Return. › Division 1 - General Provisions. › Section 6-9-96 - Return - Unexecuted Writ.
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Section 6-9-96
Return - Unexecuted writ.
If the writ is not executed or only executed in part, the reason why it is not executed or only executed in part must be stated in the return.
(Code 1852, §2439; Code 1867, §2854; Code 1876, §3192; Code 1886, §2901; Code 1896, §1899; Code 1907, §4100; Code 1923, §7815; Code 1940, T. 7, §527.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 9 - Judgments.›Article 5 - Levy, Sale and Return.›Division 1 - General Provisions.›Section 6-9-97 - Return - Sheriff of Another County.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 5 - Levy, Sale and Return. › Division 1 - General Provisions. › Section 6-9-97 - Return - Sheriff of Another County.
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Section 6-9-97
Return - Sheriff of another county.
The return of an execution or other process by a sheriff of a county other than that from which the process issued may be made through the postal service, and the certificate of the postmaster that it was placed in his office in time, by the usual course of mail, to reach the courthouse of the county where the return has to be made, by the return day of the writ, shall be presumptive evidence for the sheriff of the fact, but the sheriff is not authorized to send money by the mail without the consent of the plaintiff in execution.
(Code 1852, §2440; Code 1867, §2855; Code 1876, §3193; Code 1886, §2902; Code 1896, §1900; Code 1907, §4102; Code 1923, §7817; Code 1940, T. 7, §529.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 9 - Judgments.›Article 5 - Levy, Sale and Return.›Division 1 - General Provisions.›Section 6-9-98 - Endorsements on Execution Writs - Time and Order of Receipt.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 5 - Levy, Sale and Return. › Division 1 - General Provisions. › Section 6-9-98 - Endorsements on Execution Writs - Time and Order of Receipt.
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Section 6-9-98
Endorsements on execution writs - Time and order of receipt.
The sheriff or other officer receiving an execution must endorse thereon the day, month, and year of its receipt, and when more than one execution against the same defendant comes to his hands on the same day, if not received at the same time, he must endorse thereon the order in which they are received.
(Code 1852, §2436; Code 1867, §2851; Code 1876, §3189; Code 1886, §2898; Code 1896, §1896; Code 1907, §4097; Code 1923, §7812; Code 1940, T. 7, §525.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 9 - Judgments.›Article 5 - Levy, Sale and Return.›Division 1 - General Provisions.›Section 6-9-99 - Endorsements on Execution Writs - Description of Property Levied and Date Thereof.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 5 - Levy, Sale and Return. › Division 1 - General Provisions. › Section 6-9-99 - Endorsements on Execution Writs - Description of Property Levied and Date Thereof.
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Section 6-9-99
Endorsements on execution writs - Description of property levied and date thereof.
When a levy is made on real or personal property, a full description thereof, with the date of the levy, must be endorsed upon or appended to the execution.
(Code 1852, §2443; Code 1867, §2857; Code 1876, §3195; Code 1886, §2904; Code 1896, §1902; Code 1907, §4104; Code 1923, §7819; Code 1940, T. 7, §531.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 9 - Judgments.›Article 5 - Levy, Sale and Return.›Division 1 - General Provisions.›Section 6-9-100 - Endorsements on Execution Writs 12-1-14.2 12-10a-1.1 Description of Land Sold and...
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 5 - Levy, Sale and Return. › Division 1 - General Provisions. › Section 6-9-100 - Endorsements on Execution Writs 12-1-14.2 12-10a-1.1 Description of Land Sold and Price.
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Section 6-9-100
Endorsements on execution writs 12-1-14.2 12-10A-1.1 Description of land sold and price.
When land is sold under execution, a description of the land and the price obtained for it must be endorsed upon, or appended to, the writ by the officer making such sale.
(Code 1852, §2453; Code 1867, §2867; Code 1876, §3205; Code 1886, §2914; Code 1896, §1912; Code 1907, §4119; Code 1923, §7834; Code 1940, T. 7, §546.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 9 - Judgments.›Article 5 - Levy, Sale and Return.›Division 1 - General Provisions.›Section 6-9-101 - Endorsements on Execution Writs - Amount of Money Collected; Receipt for Defendant...
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 5 - Levy, Sale and Return. › Division 1 - General Provisions. › Section 6-9-101 - Endorsements on Execution Writs - Amount of Money Collected; Receipt for Defendant.
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Section 6-9-101
Endorsements on execution writs - Amount of money collected; receipt for defendant.
When money is collected on an execution, the officer collecting it must endorse thereon, or append thereto, the amount collected, specifying the judgment, interest thereon and costs, with his own commissions, and sign his name thereto; and he must also, if required, receipt in like manner to the defendant.
(Code 1852, §2449; Code 1867, §2863; Code 1876, §3201; Code 1886, §2910; Code 1896, §1908; Code 1907, §4113; Code 1923, §7828; Code 1940, T. 7, §540.)
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https://law.justia.com/codes/alabama/title-6/chapter-9/article-5/division-2/section-6-9-120/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 9 - Judgments.›Article 5 - Levy, Sale and Return.›Division 2 - Venditioni Exponas.›Section 6-9-120 - Return Showing Goods Levied on Unsold; Issuance of Writ; Form of Writ.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 5 - Levy, Sale and Return. › Division 2 - Venditioni Exponas. › Section 6-9-120 - Return Showing Goods Levied on Unsold; Issuance of Writ; Form of Writ.
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Section 6-9-120
Return showing goods levied on unsold; issuance of writ; form of writ.
When goods levied on remain in the hands of the officer unsold, it is his duty to make return of the fact; and, thereupon, the clerk must issue a writ for the sale thereof in substance as follows:
The State of Alabama,
_____ County.
To the Sheriff of said County:
You are hereby commanded to sell those goods and chattels of _____, which you have taken pursuant to our command, and which, according to your return, remain in your hands unsold, to satisfy _____ the sum of _____ dollars, recovered by him of the said _____ by the judgment of our circuit (or district) court, held for the County of _____ on the _____ day of _____, 19__, and _____ dollars, cost of the action; and make return of this writ and execution thereof according to law.
Witness my hand, this _____ day of _____, 19__.
_____ Clerk or Register.
(Code 1852, §2454; Code 1867, §2868; Code 1876, §3206; Code 1886, §2915; Code 1896, §1913; Code 1907, §4120; Code 1923, §7835; Code 1940, T. 7, §547.)
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https://law.justia.com/codes/alabama/title-6/chapter-9/article-5/division-2/section-6-9-121/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 9 - Judgments.›Article 5 - Levy, Sale and Return.›Division 2 - Venditioni Exponas.›Section 6-9-121 - Death of Levying Officer Prior to Sale; Proceedings if Property Not Delivered by R...
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 5 - Levy, Sale and Return. › Division 2 - Venditioni Exponas. › Section 6-9-121 - Death of Levying Officer Prior to Sale; Proceedings if Property Not Delivered by Representatives of Deceased Officer.
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Section 6-9-121
Death of levying officer prior to sale; proceedings if property not delivered by representatives of deceased officer.
(a) When the officer taking property under execution shall die before the sale thereof, a writ of venditioni exponas shall issue directed to the proper officer of the county in which the property was taken, and such officer shall, under the writ of venditioni exponas, receive the property from the representatives of the former sheriff or other officer, who are required to deliver the same to the officer having the venditioni exponas, on his producing the same and executing a receipt for the property, and the officer shall proceed to sell the same as in other cases.
(b) If the representatives of the deceased officer shall refuse or neglect to deliver the property or if there shall not be an executor or administrator of his estate, the officer having the writ of venditioni exponas may seize the property taken by the former officer, wherever it may be found, and sell the same as in other cases, or the plaintiff may move for summary judgment in the court from which the execution issued against the representative of the deceased officer and his sureties; and, thereupon, a judgment shall be entered against the representatives of the deceased officer and his sureties for the amount of the execution which came to the hands of such deceased officer, with interest and costs.
(Code 1907, §§4121, 4122; Code 1923, §§7836, 7837; Code 1940, T. 7, §§548, 549.)
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https://law.justia.com/codes/alabama/title-6/chapter-9/article-5/division-3/section-6-9-140/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 9 - Judgments.›Article 5 - Levy, Sale and Return.›Division 3 - Conveyance.›Section 6-9-140 - Conveyance of Title by Sale Under Judicial Process.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 5 - Levy, Sale and Return. › Division 3 - Conveyance. › Section 6-9-140 - Conveyance of Title by Sale Under Judicial Process.
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Section 6-9-140
Conveyance of title by sale under judicial process.
A sale regularly made by virtue of judicial process issuing from a court of competent jurisdiction shall convey the title as effectually as if the sale was made by the person against whom the process issues.
(Code 1907, §4125; Code 1923, §7840; Code 1940, T. 7, §552.)
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https://law.justia.com/codes/alabama/title-6/chapter-9/article-5/division-3/section-6-9-141/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 9 - Judgments.›Article 5 - Levy, Sale and Return.›Division 3 - Conveyance.›Section 6-9-141 - Written Note or Memorandum Unnecessary.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 5 - Levy, Sale and Return. › Division 3 - Conveyance. › Section 6-9-141 - Written Note or Memorandum Unnecessary.
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Section 6-9-141
Written note or memorandum unnecessary.
No note or memorandum in writing shall be necessary to charge any person at a judicial, execution or attachment sale other than the return of the officer on the process.
(Code 1907, §4126; Code 1923, §7841; Code 1940, T. 7, §553.)
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https://law.justia.com/codes/alabama/title-6/chapter-9/article-5/division-3/section-6-9-142/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 9 - Judgments.›Article 5 - Levy, Sale and Return.›Division 3 - Conveyance.›Section 6-9-142 - Caveat Emptor; When Officer Personally Bound.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 5 - Levy, Sale and Return. › Division 3 - Conveyance. › Section 6-9-142 - Caveat Emptor; When Officer Personally Bound.
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Section 6-9-142
Caveat emptor; when officer personally bound.
The purchaser must look for himself as to the title and soundness of all property sold under judicial process. Actual fraud or misrepresentation by the officer or his agent may bind him personally. No covenant of warranty binds him individually unless made with that intention for a valuable consideration and in writing.
(Code 1907, §4127; Code 1923, §7842; Code 1940, T. 7, §554.)
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https://law.justia.com/codes/alabama/title-6/chapter-9/article-5/division-3/section-6-9-143/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 9 - Judgments.›Article 5 - Levy, Sale and Return.›Division 3 - Conveyance.›Section 6-9-143 - Liability of Purchaser for Not Complying With Terms of Sale; Form of Action Agains...
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 5 - Levy, Sale and Return. › Division 3 - Conveyance. › Section 6-9-143 - Liability of Purchaser for Not Complying With Terms of Sale; Form of Action Against Purchaser.
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Section 6-9-143
Liability of purchaser for not complying with terms of sale; form of action against purchaser.
(a) Any person who may become the purchaser of any real or personal estate at any sale which may be made at public outcry by an executor, administrator or guardian or by any sheriff or other officer under and by virtue of any execution or other legal process and who shall fail or refuse to comply with the terms of such sale when requested so to do shall be liable for the amount of such purchase money, and it shall be at the option of such sheriff or other officer either to proceed against such purchaser for the full amount of the purchase money or to resell such real or personal estate and then proceed against the first purchaser for the deficiency arising from such sale.
(b) The action provided for in subsection (a) of this section may be commenced in the name of the sheriff or other officer making the sale for the use of the plaintiff or defendant in execution or for any other person in interest, as the case may be.
(Code 1907, §§4129, 4130; Code 1923, §§7844, 7845; Code 1940, T. 7, §§556, 557.)
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https://law.justia.com/codes/alabama/title-6/chapter-9/article-5/division-3/section-6-9-144/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 9 - Judgments.›Article 5 - Levy, Sale and Return.›Division 3 - Conveyance.›Section 6-9-144 - Purchaser Owner of Stock, etc., Sold.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 5 - Levy, Sale and Return. › Division 3 - Conveyance. › Section 6-9-144 - Purchaser Owner of Stock, etc., Sold.
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Section 6-9-144
Purchaser owner of stock, etc., sold.
The purchaser of any stock, share, interest, or judgment of the defendant, sold under execution or attachment, shall become the owner thereof in the same manner as if it had been regularly assigned to him by the defendant.
(Code 1907, §4124; Code 1923, §7839; Code 1940, T. 7, §551.)
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https://law.justia.com/codes/alabama/title-6/chapter-9/article-5/division-3/section-6-9-145/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 9 - Judgments.›Article 5 - Levy, Sale and Return.›Division 3 - Conveyance.›Section 6-9-145 - Enforcement of Covenants Running With Land.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 5 - Levy, Sale and Return. › Division 3 - Conveyance. › Section 6-9-145 - Enforcement of Covenants Running With Land.
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Section 6-9-145
Enforcement of covenants running with land.
The purchaser at judicial sale may enforce any covenants of warranty running with the land which may be incorporated in the previous title deeds.
(Code 1907, §4128; Code 1923, §7843; Code 1940, T. 7, §555.)
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https://law.justia.com/codes/alabama/title-6/chapter-9/article-5/division-3/section-6-9-146/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 9 - Judgments.›Article 5 - Levy, Sale and Return.›Division 3 - Conveyance.›Section 6-9-146 - Void or Irregular Mortgage Foreclosure.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 5 - Levy, Sale and Return. › Division 3 - Conveyance. › Section 6-9-146 - Void or Irregular Mortgage Foreclosure.
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Section 6-9-146
Void or irregular mortgage foreclosure.
A purchaser at a void or irregular judicial sale under foreclosure of a mortgage succeeds to all of the interests of the mortgagee.
(Code 1907, §4131; Code 1923, §7846; Code 1940, T. 7, §558.)
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https://law.justia.com/codes/alabama/title-6/chapter-9/article-5/division-3/section-6-9-147/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 9 - Judgments.›Article 5 - Levy, Sale and Return.›Division 3 - Conveyance.›Section 6-9-147 - Setting Aside of Sales by Courts.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 5 - Levy, Sale and Return. › Division 3 - Conveyance. › Section 6-9-147 - Setting Aside of Sales by Courts.
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Section 6-9-147
Setting aside of sales by courts.
Courts have full power over their officers making execution or judicial sales, and whenever satisfied that a sale made under any legal process is infected with fraud, oppression, irregularity, or error to the injury of either party, the sale will be set aside.
(Code 1907, §4134; Code 1923, §7849; Code 1940, T. 7, §561.)
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https://law.justia.com/codes/alabama/title-6/chapter-9/article-5/division-3/section-6-9-148/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 9 - Judgments.›Article 5 - Levy, Sale and Return.›Division 3 - Conveyance.›Section 6-9-148 - When Debtor Bound by Void Sale.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 5 - Levy, Sale and Return. › Division 3 - Conveyance. › Section 6-9-148 - When Debtor Bound by Void Sale.
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Section 6-9-148
When debtor bound by void sale.
Where property is sold under void process and the proceeds are applied to valid liens against the defendant, or he receives the benefit thereof, he is bound thereby if present and not objecting to the sale.
(Code 1907, §4132; Code 1923, §7847; Code 1940, T. 7, §559.)
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https://law.justia.com/codes/alabama/title-6/chapter-9/article-5/division-3/section-6-9-149/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 9 - Judgments.›Article 5 - Levy, Sale and Return.›Division 3 - Conveyance.›Section 6-9-149 - Execution and Delivery of Deed to Real Estate Sold by Sheriff.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 5 - Levy, Sale and Return. › Division 3 - Conveyance. › Section 6-9-149 - Execution and Delivery of Deed to Real Estate Sold by Sheriff.
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Section 6-9-149
Execution and delivery of deed to real estate sold by sheriff.
When real estate or any interest therein has been sold by any sheriff, he shall, upon compliance by the purchaser with the terms of sale and the payment or tender of the fees for executing the deed therefor, execute a deed for such real estate or interest therein sold and deliver the same to the purchaser within five days after such sale.
(Code 1867, §2870; Code 1876, §3208; Code 1886, §2917; Code 1896, §1914; Code 1907, §4123; Code 1923, §7838; Code 1940, T. 7, §550.)
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https://law.justia.com/codes/alabama/title-6/chapter-9/article-5/division-3/section-6-9-150/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 9 - Judgments.›Article 5 - Levy, Sale and Return.›Division 3 - Conveyance.›Section 6-9-150 - Conveyance by Sheriff of Lands Sold by Predecessor.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 5 - Levy, Sale and Return. › Division 3 - Conveyance. › Section 6-9-150 - Conveyance by Sheriff of Lands Sold by Predecessor.
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Section 6-9-150
Conveyance by sheriff of lands sold by predecessor.
When any sheriff authorized by law to sell real estate makes such sale and dies or vacates his office before making a conveyance to the purchaser thereof, the court from which the writ issued, upon proof of the sale and of the payment of the purchase money, may order the successor in office of the sheriff making such sale to make a conveyance of such lands to the purchaser, and such conveyance shall relate back to the date of the sale. If the purchaser is the plaintiff in the judgment, proof that he has credited, or the fact that he does credit, on the record the defendant with the amount of the purchase money, less the necessary expenses and costs, is equivalent to proof of payment of the purchase money.
(Code 1867, §2869; Code 1876, §3207; Code 1886, §2916; Code 1896, §1915; Code 1907, §4133; Code 1923, §7848; Code 1940, T. 7, §560.)
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https://law.justia.com/codes/alabama/title-6/chapter-9/article-6/section-6-9-160/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 9 - Judgments.›Article 6 - Forthcoming Bonds.›Section 6-9-160 - Restoration of Property Levied on to Debtor Upon Executing Bond; Execution on Forf...
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 6 - Forthcoming Bonds. › Section 6-9-160 - Restoration of Property Levied on to Debtor Upon Executing Bond; Execution on Forfeiture of Bond; Exception.
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Section 6-9-160
Restoration of property levied on to debtor upon executing bond; execution on forfeiture of bond; exception.
(a) When personal property is levied on by the sheriff, if the defendant executes bond with sufficient surety in double the amount of the execution payable to the plaintiff and conditioned to deliver the property levied on to the proper officer by 12:00 noon of the day and at the place appointed for the sale thereof, the sheriff must restore the property to the defendant.
(b) If the property is not delivered according to the condition of the bond, the sheriff must return it forfeited within five days thereafter to the register or clerk's office out of which the execution issued, endorsing thereon a forfeiture of the bond; and it is then the duty of the clerk or register, without delay, to issue execution on the forfeited bond against all the obligors therein for the judgment and costs, upon which no security of any kind can be taken, which he must endorse on the writ.
(c) Subsections (a) and (b) of this section do not apply to executions issued on judgments against sheriff, coroner or other officers of court against whom judgment is obtained for failing to pay over money collected by or paid to them in their official capacity, and the clerk or register must endorse on all such executions, "No security of any kind to be taken."
(Code 1852, §§2467-2469; Code 1867, §§2889-2891; Code 1876, §§3214-3216; Code 1886, §§2918-2920; Code 1896, §§ 1916-1918; Code 1907, §§4135-4137; Code 1923, §§ 7850-7852; Code 1940, T. 7, §§562-564.)
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https://law.justia.com/codes/alabama/title-6/chapter-9/article-6/section-6-9-161/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 9 - Judgments.›Article 6 - Forthcoming Bonds.›Section 6-9-161 - Tendering Value of Restored Property by Bond Obligors Where Same Dead or Destroyed...
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 6 - Forthcoming Bonds. › Section 6-9-161 - Tendering Value of Restored Property by Bond Obligors Where Same Dead or Destroyed.
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Section 6-9-161
Tendering value of restored property by bond obligors where same dead or destroyed.
When property is restored to the defendant on the execution of a forthcoming bond and the same dies or is destroyed before the day for the delivery thereof without fault on his part, the obligors in the bond may tender the value thereof to the plaintiff, his agent or attorney, and if such tender is refused, the obligors in such bond may, on petition to the judge of the circuit court, supersede the same.
(Code 1852, §2470; Code 1867, §2890; Code 1876, §3217; Code 1886, §2921; Code 1896, §1919; Code 1907, §4138; Code 1923, §7853; Code 1940, T. 7, §565.)
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https://law.justia.com/codes/alabama/title-6/chapter-9/article-7/section-6-9-180/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 9 - Judgments.›Article 7 - Satisying or Setting Aside of Judgments.›Section 6-9-180 - Jury Trial on Issues of Fact.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 7 - Satisying or Setting Aside of Judgments. › Section 6-9-180 - Jury Trial on Issues of Fact.
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Section 6-9-180
Jury trial on issues of fact.
If the motion or application is to enter satisfaction of a judgment under the Alabama Rules of Civil Procedure or to set aside the entry of satisfaction of a judgment, on request of either party, the issue of fact must be tried by a jury.
(Code 1886, §2870; Code 1896, §3340; Code 1907, §4146; Code 1923, §7861; Code 1940, T. 7, §573.)
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https://law.justia.com/codes/alabama/title-6/chapter-9/article-8/section-6-9-190/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 9 - Judgments.›Article 8 - Revival of Judgments.›Section 6-9-190 - Revival Barred After 20 Years.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 8 - Revival of Judgments. › Section 6-9-190 - Revival Barred After 20 Years.
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Section 6-9-190
Revival barred after 20 years.
A judgment cannot be revived after the lapse of 20 years from its entry.
(Code 1852, §2421; Code 1867, §2833; Code 1876, §3175; Code 1886, §2924; Code 1896, §1931; Code 1907, §4155; Code 1923, §7872; Code 1940, T. 7, §583.)
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https://law.justia.com/codes/alabama/title-6/chapter-9/article-8/section-6-9-191/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 9 - Judgments.›Article 8 - Revival of Judgments.›Section 6-9-191 - Judgment Presumed Satisfied 10 Years After Entry or Execution.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 8 - Revival of Judgments. › Section 6-9-191 - Judgment Presumed Satisfied 10 Years After Entry or Execution.
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Section 6-9-191
Judgment presumed satisfied 10 years after entry or execution.
If 10 years have elapsed from the entry of the judgment without issue of execution or if 10 years have elapsed since the date of the last execution issued, the judgment must be presumed satisfied, and the burden of proving it not satisfied is upon the plaintiff.
(Code 1852, §2419; Code 1867, §2830; Code 1876, §3174; Code 1886, §2923; Code 1896, §1930; Code 1907, §4154; Code 1923, §7871; Code 1940, T. 7, §582.)
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https://law.justia.com/codes/alabama/title-6/chapter-9/article-8/section-6-9-193/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 9 - Judgments.›Article 8 - Revival of Judgments.›Section 6-9-193 - Issuance of Execution in Favor of Personal Representative or Successor Without Rev...
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 8 - Revival of Judgments. › Section 6-9-193 - Issuance of Execution in Favor of Personal Representative or Successor Without Revival.
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Section 6-9-193
Issuance of execution in favor of personal representative or successor without revival.
When a plaintiff dies after the entry of a judgment in his favor and such judgment is unsatisfied, execution may issue thereon in favor of the personal representative of such deceased plaintiff, and in like manner when a judgment is entered in favor of an executor, administrator, guardian or trustee who dies, resigns, is removed, or whose authority ceases from any cause, execution may issue in favor of the successor without a revival.
(Code 1867, §2834; Code 1876, §3176; Code 1886, §2925; Code 1896, §1926; Code 1907, §4149; Code 1923, §7864; Code 1940, T. 7, §575.)
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https://law.justia.com/codes/alabama/title-6/chapter-9/article-8/section-6-9-194/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 9 - Judgments.›Article 8 - Revival of Judgments.›Section 6-9-194 - Revival in Favor of Personal Representative.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 8 - Revival of Judgments. › Section 6-9-194 - Revival in Favor of Personal Representative.
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Section 6-9-194
Revival in favor of personal representative.
When the plaintiff in any judgment dies, the same may be revived in favor of the personal representative of the plaintiff.
(Code 1867, §2835; Code 1876, §3177; Code 1886, §2926; Code 1896, §1927; Code 1907, §4150; Code 1923, §7865; Code 1940, T. 7, §576.)
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https://law.justia.com/codes/alabama/title-6/chapter-9/article-8/section-6-9-195/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 9 - Judgments.›Article 8 - Revival of Judgments.›Section 6-9-195 - Execution in Favor of Surviving Plaintiffs.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 8 - Revival of Judgments. › Section 6-9-195 - Execution in Favor of Surviving Plaintiffs.
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Section 6-9-195
Execution in favor of surviving plaintiffs.
The death of one or more of several plaintiffs in a judgment shall not prevent the issuance of execution in favor of the survivors.
(Code 1907, §4151; Code 1923, §7866; Code 1940, T. 7, §577.)
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https://law.justia.com/codes/alabama/title-6/chapter-9/article-8/section-6-9-196/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 9 - Judgments.›Article 8 - Revival of Judgments.›Section 6-9-196 - Transfer of Judgment; Right of Assignee Thereof to Have Execution; Action or Reviv...
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 8 - Revival of Judgments. › Section 6-9-196 - Transfer of Judgment; Right of Assignee Thereof to Have Execution; Action or Reviver Thereon.
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Section 6-9-196
Transfer of judgment; right of assignee thereof to have execution; action or reviver thereon.
(a) When the transfer is made by any agent or attorney, the authority of the agent or the power of attorney shall be in writing duly acknowledged and recorded in the office of the probate judge and referred to in such transfer by noting the book and page where recorded. After such transfer, the original plaintiff shall have no further authority or control over such judgment.
(b) If an assignment of a judgment is made or endorsed on the execution docket or on the margin of the record of the judgment and is attested by the clerk, register or judge of probate, the assignee may have execution thereon in the name of the plaintiff for the use of the assignee, whether the plaintiff is living or dead.
(c) In all cases where a transfer of a judgment of a court in this state is made or endorsed on the execution docket or on the margin of the record of the judgment in the court where entered or in the office of the probate judge where a certificate of the judgment is recorded and which transfer is attested by the clerk, register or judge of probate, the assignee of such judgment in addition to the rights conferred upon him by subsection (b) of this section may maintain any action thereon or proceeding to revive in his own name that the plaintiff in said judgment could maintain if such transfer had not been made, whether the plaintiff is living or dead.
(d) The assignee of a judgment, if the assignment is in writing, may have the same revived in his name by appropriate action or motion under the Alabama Rules of Civil Procedure.
(Code 1867, §2836; Code 1876, §3178; Code 1886, §§2927, 2928; Code 1896, §§1928, 1929; Code 1907, §§4152, 4153; Acts 1915, No. 520, p. 591; Code 1923, §§7867-7870; Code 1940, T. 7, §§578-581.)
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https://law.justia.com/codes/alabama/title-6/chapter-9/article-9/section-6-9-210/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 9 - Judgments.›Article 9 - Registration of Judgments.›Section 6-9-210 - Certificate of Clerk or Register to Be Filed With Probate Judge; Registration and...
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 9 - Registration of Judgments. › Section 6-9-210 - Certificate of Clerk or Register to Be Filed With Probate Judge; Registration and Indexing by Probate Judge.
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Section 6-9-210
Certificate of clerk or register to be filed with probate judge; registration and indexing by probate judge.
The owner of any judgment entered in any court of this state or of the United States held in this state may file in the office of the judge of probate of any county of this state a certificate of the clerk or register of the court by which the judgment was entered, which certificate shall show the style of the court which entered the judgment, the amount and date thereof, the amount of costs, the names of all parties thereto and the name of the plaintiff's attorney and shall be registered by the judge of probate in a book to be kept by him for that purpose, which said register shall also show the date of the filing of the judgment. Said judge shall make a proper index to said book, which shall also show under the proper letter or letters of the alphabet the names of each and every defendant to said judgment, and such judgments shall be recorded in chronological order of the filing of such judgments. Such certificate shall also show the address of each defendant or respondent, as shown in the court proceedings.
(Code 1896, §1920; Code 1907, §4150; Code 1923, §7874; Code 1940, T. 7, §584; Acts 1975, No. 1060, p. 2121.)
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https://law.justia.com/codes/alabama/title-6/chapter-9/article-9/section-6-9-211/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 9 - Judgments.›Article 9 - Registration of Judgments.›Section 6-9-211 - Judgment Constitutes Lien on Property of Defendant.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 9 - Registration of Judgments. › Section 6-9-211 - Judgment Constitutes Lien on Property of Defendant.
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Section 6-9-211
Judgment constitutes lien on property of defendant.
Every judgment, a certificate of which has been filed as provided in Section 6-9-210, shall be a lien in the county where filed on all property of the defendant which is subject to levy and sale under execution, and such lien shall continue for 10 years after the date of such judgment; provided, that when an action or other proceeding to enforce or foreclose said lien is instituted or begun within said 10 years, but has not been completed, decided, or determined within said 10-year period, and at the time said action or proceeding is instituted or begun, or lien claimed therein, a lis pendens notice thereof is filed in the office of the judge of probate of the county in which said property is situated, the lien provided for in this section shall continue as to the property upon which said lien is claimed in said action or proceeding and may be enforced or foreclosed in that action as if said 10-year period had not elapsed. No insolvency proceedings or declaration of insolvency shall affect or impair such lien, except bankruptcy proceedings instituted within four months after the filing of the certificate of judgment for record as provided by law. The filing of said certificate of judgment, as provided in Section 6-9-210, shall be notice to all persons of the existence of the lien thereby created.
(Code 1896, §1921; Code 1907, §4157; Code 1923, §7875; Code 1940, T. 7, §585.)
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https://law.justia.com/codes/alabama/title-6/chapter-9/article-9/section-6-9-212/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 9 - Judgments.›Article 9 - Registration of Judgments.›Section 6-9-212 - Failure of Probate Judge to Register or Index.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 9 - Registration of Judgments. › Section 6-9-212 - Failure of Probate Judge to Register or Index.
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Section 6-9-212
Failure of probate judge to register or index.
Any judge of probate who shall fail to make the registration or index required by Section 6-9-210 shall be liable to a penalty of $200, for the use of any party aggrieved, besides all damages sustained by such party.
(Code 1907, §4159; Code 1923, §7877; Code 1940, T. 7, §586.)
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https://law.justia.com/codes/alabama/title-6/chapter-9/article-10/section-6-9-230/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 9 - Judgments.›Article 10 - Uniform Enforcement of Foreign Judgments Act.›Section 6-9-230 - Short Title.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 10 - Uniform Enforcement of Foreign Judgments Act. › Section 6-9-230 - Short Title.
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Section 6-9-230
Short title.
This article may be cited as the "Uniform Enforcement of Foreign Judgments Act."
(Acts 1986, Ex. Sess., No. 86-713, p. 127, §1.)
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https://law.justia.com/codes/alabama/title-6/chapter-9/article-10/section-6-9-231/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 9 - Judgments.›Article 10 - Uniform Enforcement of Foreign Judgments Act.›Section 6-9-231 - "Foreign Judgment" Defined.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 10 - Uniform Enforcement of Foreign Judgments Act. › Section 6-9-231 - "Foreign Judgment" Defined.
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Section 6-9-231
"Foreign judgment" defined.
As used in this article, the term "foreign judgment" shall mean any judgment, decree, or order of a court of the United States or of any other court which is entitled to full faith and credit in this state.
(Acts 1986, Ex. Sess., No. 86-713, p. 127, §2.)
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https://law.justia.com/codes/alabama/title-6/chapter-9/article-10/section-6-9-232/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 9 - Judgments.›Article 10 - Uniform Enforcement of Foreign Judgments Act.›Section 6-9-232 - Filing Judgment With Clerk of Circuit Court; Effect of Judgment.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 10 - Uniform Enforcement of Foreign Judgments Act. › Section 6-9-232 - Filing Judgment With Clerk of Circuit Court; Effect of Judgment.
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Section 6-9-232
Filing judgment with clerk of circuit court; effect of judgment.
A copy of any foreign judgment authenticated in accordance with an act of Congress or the statutes of this state may be filed in the office of the clerk of any circuit court of this state. A clerk of any circuit court shall note the filing in a special docket set up for foreign judgments. A judgment so filed has the same effect and is subject to the same procedures, defenses and proceedings for reopening, vacating, or staying as a judgment of a circuit court of this state and may be enforced or satisfied in like manner; provided, however, that any proceeding that is brought to enforce support obligations of other jurisdictions in this state by the withholding of income derived in this state shall be brought in accordance with Chapter 3A, commencing with Section 30-3A-101, of Title 30.
(Acts 1986, Ex. Sess., No. 86-713, p. 127, §3; Acts 1997, No. 97-245, p. 398, §2.)
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https://law.justia.com/codes/alabama/title-6/chapter-9/article-10/section-6-9-233/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 9 - Judgments.›Article 10 - Uniform Enforcement of Foreign Judgments Act.›Section 6-9-233 - Filing Requirements; Notice of Filing; When Execution May Issue.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 10 - Uniform Enforcement of Foreign Judgments Act. › Section 6-9-233 - Filing Requirements; Notice of Filing; When Execution May Issue.
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Section 6-9-233
Filing requirements; notice of filing; when execution may issue.
(a) At the time of filing, the judgment creditor, or his lawyer, shall make and file with the clerk of the circuit court an affidavit setting forth the name and last known post office address of the judgment debtor, and the judgment creditor. In addition, such affidavit shall include a statement that the foreign judgment is valid, enforceable, and unsatisfied.
(b) Promptly upon the filing of the foreign judgment and the affidavit, the clerk shall mail notice of the filing of the foreign judgment to the judgment debtor at the address given and shall make a note of the mailing in the special docket. The notice shall include the name and post office address of the judgment creditor and the judgment creditor's lawyer, if any, in this state. In addition, the judgment creditor may mail notice of the filing of the judgment to the judgment debtor and may file proof of mailing with the clerk. Lack of mailing notice of filing by the clerk shall not affect the enforcement proceedings if proof of mailing by the judgment creditor has been filed.
(c) No execution or other process for enforcement of a foreign judgment filed hereunder shall issue until 30 days after the date the judgment is filed.
(Acts 1986, Ex. Sess., No. 86-713, p. 127, §4.)
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https://law.justia.com/codes/alabama/title-6/chapter-9/article-10/section-6-9-234/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 9 - Judgments.›Article 10 - Uniform Enforcement of Foreign Judgments Act.›Section 6-9-234 - Stay of Enforcement of Foreign Judgment.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 10 - Uniform Enforcement of Foreign Judgments Act. › Section 6-9-234 - Stay of Enforcement of Foreign Judgment.
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Section 6-9-234
Stay of enforcement of foreign judgment.
(a) If the judgment debtor shows the circuit court that an appeal from the foreign judgment is pending or will be taken, or that a stay of execution has been granted, the court shall stay enforcement of the foreign judgment until the appeal is concluded, the time for appeal expires, or the stay of execution expires or is vacated, upon proof that the judgment debtor has furnished the security for the satisfaction of the judgment required by the state in which it was rendered.
(b) If the judgment debtor shows the circuit court any ground upon which enforcement of a judgment of any circuit court of this state would be stayed, the court shall stay enforcement of the foreign judgment for an appropriate period, upon requiring the same security for satisfaction of the judgment which is required in this state.
(Acts 1986, Ex. Sess., No. 86-713, p. 127, §5.)
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https://law.justia.com/codes/alabama/title-6/chapter-9/article-10/section-6-9-235/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 9 - Judgments.›Article 10 - Uniform Enforcement of Foreign Judgments Act.›Section 6-9-235 - Fees.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 10 - Uniform Enforcement of Foreign Judgments Act. › Section 6-9-235 - Fees.
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Section 6-9-235
Fees.
Any person filing a foreign judgment shall pay to the clerk of the circuit court an amount equal to that imposed for the filing of a civil action. Fees for docketing, transcription, or other enforcement proceedings shall be as provided for judgments of the circuit courts of this state.
(Acts 1986, Ex. Sess., No. 86-713, p. 127, §6.)
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https://law.justia.com/codes/alabama/title-6/chapter-9/article-10/section-6-9-236/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 9 - Judgments.›Article 10 - Uniform Enforcement of Foreign Judgments Act.›Section 6-9-236 - Right of Action to Enforce Judgment Unimpaired.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 10 - Uniform Enforcement of Foreign Judgments Act. › Section 6-9-236 - Right of Action to Enforce Judgment Unimpaired.
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Section 6-9-236
Right of action to enforce judgment unimpaired.
The right of a judgment creditor to bring an action to enforce his judgment instead of proceeding under this article remains unimpaired.
(Acts 1986, Ex. Sess., No. 86-713, p. 127, §7.)
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https://law.justia.com/codes/alabama/title-6/chapter-9/article-10/section-6-9-237/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 9 - Judgments.›Article 10 - Uniform Enforcement of Foreign Judgments Act.›Section 6-9-237 - Recording of Judgment in Probate Office.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 10 - Uniform Enforcement of Foreign Judgments Act. › Section 6-9-237 - Recording of Judgment in Probate Office.
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Section 6-9-237
Recording of judgment in probate office.
A copy of a foreign judgment authenticated in the manner described in Section 6-9-232 and filed in the circuit court may be recorded in the probate office as provided for judgments of the circuit courts of this state, and its being so filed shall have the same force and effect as the filing of a certificate of a judgment obtained in a circuit court of this state.
(Acts 1986, Ex. Sess., No. 86-713, p. 127, §8.)
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https://law.justia.com/codes/alabama/title-6/chapter-9/article-10/section-6-9-238/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 9 - Judgments.›Article 10 - Uniform Enforcement of Foreign Judgments Act.›Section 6-9-238 - Construction of Article.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 10 - Uniform Enforcement of Foreign Judgments Act. › Section 6-9-238 - Construction of Article.
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Section 6-9-238
Construction of article.
This article shall be so interpreted and construed as to effectuate its general purpose to make uniform the laws of those states which enact it.
(Acts 1986, Ex. Sess., No. 86-713, p. 127, §9.)
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https://law.justia.com/codes/alabama/title-6/chapter-9/article-11/section-6-9-250/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 9 - Judgments.›Article 11 - Alabama Uniform Foreign-Country Money Judgments Recognition Act.›Section 6-9-250 - Short Title.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 11 - Alabama Uniform Foreign-Country Money Judgments Recognition Act. › Section 6-9-250 - Short Title.
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Section 6-9-250
Short title.
This article may be cited as the Alabama Uniform Foreign-Country Money Judgments Recognition Act.
(Act 2012-470, p. 1296, §1.)
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