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https://law.justia.com/codes/alabama/title-6/chapter-8/article-1/section-6-8-1/ | AL | 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. | 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. | 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 cour... |
https://law.justia.com/codes/alabama/title-6/chapter-8/article-2/section-6-8-20/ | AL | 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... | 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. | 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 ther... |
https://law.justia.com/codes/alabama/title-6/chapter-8/article-3/section-6-8-30/ | AL | 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;... | 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. | 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 pe... |
https://law.justia.com/codes/alabama/title-6/chapter-8/article-4/division-1/section-6-8-40/ | AL | 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. | 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. | 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 en... |
https://law.justia.com/codes/alabama/title-6/chapter-8/article-4/division-1/section-6-8-41/ | AL | 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. | 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. | 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.) |
https://law.justia.com/codes/alabama/title-6/chapter-8/article-4/division-2/section-6-8-60/ | AL | 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. | 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. | 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... |
https://law.justia.com/codes/alabama/title-6/chapter-8/article-4/division-2/section-6-8-61/ | AL | 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. | 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. | 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; Co... |
https://law.justia.com/codes/alabama/title-6/chapter-8/article-4/division-2/section-6-8-62/ | AL | 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. | 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. | 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 specifie... |
https://law.justia.com/codes/alabama/title-6/chapter-8/article-4/division-2/section-6-8-63/ | AL | 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... | 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. | 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 c... |
https://law.justia.com/codes/alabama/title-6/chapter-8/article-4/division-2/section-6-8-64/ | AL | 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. | 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. | 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 ne... |
https://law.justia.com/codes/alabama/title-6/chapter-8/article-4/division-2/section-6-8-65/ | AL | 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... | 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. | 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, g... |
https://law.justia.com/codes/alabama/title-6/chapter-8/article-4/division-2/section-6-8-66/ | AL | 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. | 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. | 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... |
https://law.justia.com/codes/alabama/title-6/chapter-8/article-4/division-2/section-6-8-67/ | AL | 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. | 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. | 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.) |
https://law.justia.com/codes/alabama/title-6/chapter-8/article-4/division-2/section-6-8-68/ | AL | 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. | 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. | 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 thre... |
https://law.justia.com/codes/alabama/title-6/chapter-8/article-4/division-2/section-6-8-69/ | AL | 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. | 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. | 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 orig... |
https://law.justia.com/codes/alabama/title-6/chapter-8/article-5/section-6-8-80/ | AL | 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. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 8 - Miscellaneous Procedure. › Article 5 - Counterclaims. › Section 6-8-80 - Judgments. | 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.) |
https://law.justia.com/codes/alabama/title-6/chapter-8/article-5/section-6-8-81/ | AL | 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. | 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. | 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.
(... |
https://law.justia.com/codes/alabama/title-6/chapter-8/article-5/section-6-8-82/ | AL | 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. | 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. | 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, un... |
https://law.justia.com/codes/alabama/title-6/chapter-8/article-5/section-6-8-83/ | AL | 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. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 8 - Miscellaneous Procedure. › Article 5 - Counterclaims. › Section 6-8-83 - Exemptions - Negotiated Commercial Paper. | 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.) |
https://law.justia.com/codes/alabama/title-6/chapter-8/article-5/section-6-8-84/ | AL | 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. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 8 - Miscellaneous Procedure. › Article 5 - Counterclaims. › Section 6-8-84 - Effect of Statute of Limitations. | 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... |
https://law.justia.com/codes/alabama/title-6/chapter-8/article-5/section-6-8-85/ | AL | 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. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 8 - Miscellaneous Procedure. › Article 5 - Counterclaims. › Section 6-8-85 - Judgment for Defendant - Permissive Counterclaims. | 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 defen... |
https://law.justia.com/codes/alabama/title-6/chapter-8/article-5/section-6-8-86/ | AL | 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. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 8 - Miscellaneous Procedure. › Article 5 - Counterclaims. › Section 6-8-86 - Judgment for Defendant - Compulsory Counterclaims. | 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 pl... |
https://law.justia.com/codes/alabama/title-6/chapter-8/article-6/section-6-8-100/ | AL | 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. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 8 - Miscellaneous Procedure. › Article 6 - Trials. › Section 6-8-100 - Answer of Tender; Judgment Thereon. | 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 ... |
https://law.justia.com/codes/alabama/title-6/chapter-8/article-6/section-6-8-101/ | AL | 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... | 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. | 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 serv... |
https://law.justia.com/codes/alabama/title-6/chapter-8/article-6/section-6-8-102/ | AL | 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. | 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. | 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 18... |
https://law.justia.com/codes/alabama/title-6/chapter-8/article-6/section-6-8-103/ | AL | 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. | 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. | 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 ... |
https://law.justia.com/codes/alabama/title-6/chapter-8/article-6/section-6-8-104/ | AL | 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. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 8 - Miscellaneous Procedure. › Article 6 - Trials. › Section 6-8-104 - Limit of Two New Trials. | 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.) |
https://law.justia.com/codes/alabama/title-6/chapter-9/article-1/section-6-9-1/ | AL | 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. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 1 - General Provisions. › Section 6-9-1 - Executions on Judgments; Forms Thereof. | 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 judg... |
https://law.justia.com/codes/alabama/title-6/chapter-9/article-1/section-6-9-2/ | AL | 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. | 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. | 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.) |
https://law.justia.com/codes/alabama/title-6/chapter-9/article-2/section-6-9-20/ | AL | 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. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 2 - Issuance of Executions. › Section 6-9-20 - Who May Issue. | 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.) |
https://law.justia.com/codes/alabama/title-6/chapter-9/article-2/section-6-9-21/ | AL | 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. | 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. | 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... |
https://law.justia.com/codes/alabama/title-6/chapter-9/article-2/section-6-9-22/ | AL | 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. | 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. | 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 affida... |
https://law.justia.com/codes/alabama/title-6/chapter-9/article-2/section-6-9-23/ | AL | 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. | 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. | 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 prop... |
https://law.justia.com/codes/alabama/title-6/chapter-9/article-2/section-6-9-24/ | AL | 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. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 2 - Issuance of Executions. › Section 6-9-24 - Alias Writs. | 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 alia... |
https://law.justia.com/codes/alabama/title-6/chapter-9/article-2/section-6-9-25/ | AL | 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. | 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. | 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 ... |
https://law.justia.com/codes/alabama/title-6/chapter-9/article-2/section-6-9-26/ | AL | 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. | 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. | 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, e... |
https://law.justia.com/codes/alabama/title-6/chapter-9/article-2/section-6-9-27/ | AL | 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. | 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. | 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; C... |
https://law.justia.com/codes/alabama/title-6/chapter-9/article-3/section-6-9-40/ | AL | 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. | 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. | 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 enti... |
https://law.justia.com/codes/alabama/title-6/chapter-9/article-3/section-6-9-41/ | AL | 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. | 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. | 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... |
https://law.justia.com/codes/alabama/title-6/chapter-9/article-4/section-6-9-60/ | AL | 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. | 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. | 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... |
https://law.justia.com/codes/alabama/title-6/chapter-9/article-4/section-6-9-61/ | AL | 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. | 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. | 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 recordi... |
https://law.justia.com/codes/alabama/title-6/chapter-9/article-4/section-6-9-62/ | AL | 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. | 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. | 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... |
https://law.justia.com/codes/alabama/title-6/chapter-9/article-4/section-6-9-63/ | AL | 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. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 4 - Lien of Execution. › Section 6-9-63 - Execution Where Defendant Dead. | 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 an... |
https://law.justia.com/codes/alabama/title-6/chapter-9/article-5/division-1/section-6-9-80/ | AL | 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. | 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. | 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.
... |
https://law.justia.com/codes/alabama/title-6/chapter-9/article-5/division-1/section-6-9-81/ | AL | 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. | 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. | 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 withi... |
https://law.justia.com/codes/alabama/title-6/chapter-9/article-5/division-1/section-6-9-82/ | AL | 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. | 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. | 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 man... |
https://law.justia.com/codes/alabama/title-6/chapter-9/article-5/division-1/section-6-9-83/ | AL | 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. | 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. | 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 ... |
https://law.justia.com/codes/alabama/title-6/chapter-9/article-5/division-1/section-6-9-84/ | AL | 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. | 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. | 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 c... |
https://law.justia.com/codes/alabama/title-6/chapter-9/article-5/division-1/section-6-9-85/ | AL | 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. | 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. | 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 sal... |
https://law.justia.com/codes/alabama/title-6/chapter-9/article-5/division-1/section-6-9-86/ | AL | 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. | 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. | 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, ... |
https://law.justia.com/codes/alabama/title-6/chapter-9/article-5/division-1/section-6-9-87/ | AL | 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. | 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. | 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... |
https://law.justia.com/codes/alabama/title-6/chapter-9/article-5/division-1/section-6-9-88/ | AL | 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. | 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. | 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, ... |
https://law.justia.com/codes/alabama/title-6/chapter-9/article-5/division-1/section-6-9-89/ | AL | 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. | 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. | 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 execut... |
https://law.justia.com/codes/alabama/title-6/chapter-9/article-5/division-1/section-6-9-90/ | AL | 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... | 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. | 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 o... |
https://law.justia.com/codes/alabama/title-6/chapter-9/article-5/division-1/section-6-9-91/ | AL | 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. | 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. | 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, o... |
https://law.justia.com/codes/alabama/title-6/chapter-9/article-5/division-1/section-6-9-92/ | AL | 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. | 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. | 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 kn... |
https://law.justia.com/codes/alabama/title-6/chapter-9/article-5/division-1/section-6-9-93/ | AL | 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. | 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. | 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 sam... |
https://law.justia.com/codes/alabama/title-6/chapter-9/article-5/division-1/section-6-9-94/ | AL | 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. | 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. | 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; Cod... |
https://law.justia.com/codes/alabama/title-6/chapter-9/article-5/division-1/section-6-9-95/ | AL | 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. | 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. | 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... |
https://law.justia.com/codes/alabama/title-6/chapter-9/article-5/division-1/section-6-9-96/ | AL | 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. | 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. | 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... |
https://law.justia.com/codes/alabama/title-6/chapter-9/article-5/division-1/section-6-9-97/ | AL | 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. | 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. | 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 re... |
https://law.justia.com/codes/alabama/title-6/chapter-9/article-5/division-1/section-6-9-98/ | AL | 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. | 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. | 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, ... |
https://law.justia.com/codes/alabama/title-6/chapter-9/article-5/division-1/section-6-9-99/ | AL | 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. | 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. | 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,... |
https://law.justia.com/codes/alabama/title-6/chapter-9/article-5/division-1/section-6-9-100/ | AL | 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... | 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. | 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 1... |
https://law.justia.com/codes/alabama/title-6/chapter-9/article-5/division-1/section-6-9-101/ | AL | 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... | 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. | 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 hi... |
https://law.justia.com/codes/alabama/title-6/chapter-9/article-5/division-2/section-6-9-120/ | AL | 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. | 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. | 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.
... |
https://law.justia.com/codes/alabama/title-6/chapter-9/article-5/division-2/section-6-9-121/ | AL | 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... | 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. | 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... |
https://law.justia.com/codes/alabama/title-6/chapter-9/article-5/division-3/section-6-9-140/ | AL | 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. | 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. | 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 19... |
https://law.justia.com/codes/alabama/title-6/chapter-9/article-5/division-3/section-6-9-141/ | AL | 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. | 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. | 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.) |
https://law.justia.com/codes/alabama/title-6/chapter-9/article-5/division-3/section-6-9-142/ | AL | 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. | 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. | 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 w... |
https://law.justia.com/codes/alabama/title-6/chapter-9/article-5/division-3/section-6-9-143/ | AL | 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... | 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. | 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 ... |
https://law.justia.com/codes/alabama/title-6/chapter-9/article-5/division-3/section-6-9-144/ | AL | 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. | 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. | 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 1... |
https://law.justia.com/codes/alabama/title-6/chapter-9/article-5/division-3/section-6-9-145/ | AL | 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. | 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. | 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.) |
https://law.justia.com/codes/alabama/title-6/chapter-9/article-5/division-3/section-6-9-146/ | AL | 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. | 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. | 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.) |
https://law.justia.com/codes/alabama/title-6/chapter-9/article-5/division-3/section-6-9-147/ | AL | 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. | 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. | 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 190... |
https://law.justia.com/codes/alabama/title-6/chapter-9/article-5/division-3/section-6-9-148/ | AL | 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. | 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. | 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.) |
https://law.justia.com/codes/alabama/title-6/chapter-9/article-5/division-3/section-6-9-149/ | AL | 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. | 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. | 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 esta... |
https://law.justia.com/codes/alabama/title-6/chapter-9/article-5/division-3/section-6-9-150/ | AL | 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. | 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. | 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 m... |
https://law.justia.com/codes/alabama/title-6/chapter-9/article-6/section-6-9-160/ | AL | 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... | 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. | 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 del... |
https://law.justia.com/codes/alabama/title-6/chapter-9/article-6/section-6-9-161/ | AL | 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... | 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. | 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 t... |
https://law.justia.com/codes/alabama/title-6/chapter-9/article-7/section-6-9-180/ | AL | 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. | 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. | 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... |
https://law.justia.com/codes/alabama/title-6/chapter-9/article-8/section-6-9-190/ | AL | 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. | 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. | 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.) |
https://law.justia.com/codes/alabama/title-6/chapter-9/article-8/section-6-9-191/ | AL | 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. | 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. | 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 i... |
https://law.justia.com/codes/alabama/title-6/chapter-9/article-8/section-6-9-193/ | AL | 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... | 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. | 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 wh... |
https://law.justia.com/codes/alabama/title-6/chapter-9/article-8/section-6-9-194/ | AL | 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. | 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. | 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.) |
https://law.justia.com/codes/alabama/title-6/chapter-9/article-8/section-6-9-195/ | AL | 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. | 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. | 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.) |
https://law.justia.com/codes/alabama/title-6/chapter-9/article-8/section-6-9-196/ | AL | 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... | 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. | 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 ... |
https://law.justia.com/codes/alabama/title-6/chapter-9/article-9/section-6-9-210/ | AL | 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... | 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. | 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... |
https://law.justia.com/codes/alabama/title-6/chapter-9/article-9/section-6-9-211/ | AL | 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. | 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. | 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 year... |
https://law.justia.com/codes/alabama/title-6/chapter-9/article-9/section-6-9-212/ | AL | 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. | 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. | 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; Cod... |
https://law.justia.com/codes/alabama/title-6/chapter-9/article-10/section-6-9-230/ | AL | 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. | 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. | 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.) |
https://law.justia.com/codes/alabama/title-6/chapter-9/article-10/section-6-9-231/ | AL | 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. | 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. | 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.) |
https://law.justia.com/codes/alabama/title-6/chapter-9/article-10/section-6-9-232/ | AL | 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. | 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. | 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... |
https://law.justia.com/codes/alabama/title-6/chapter-9/article-10/section-6-9-233/ | AL | 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. | 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. | 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 credit... |
https://law.justia.com/codes/alabama/title-6/chapter-9/article-10/section-6-9-234/ | AL | 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. | 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. | 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... |
https://law.justia.com/codes/alabama/title-6/chapter-9/article-10/section-6-9-235/ | AL | 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. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 10 - Uniform Enforcement of Foreign Judgments Act. › Section 6-9-235 - Fees. | 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,... |
https://law.justia.com/codes/alabama/title-6/chapter-9/article-10/section-6-9-236/ | AL | 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. | 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. | 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.) |
https://law.justia.com/codes/alabama/title-6/chapter-9/article-10/section-6-9-237/ | AL | 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. | 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. | 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 fo... |
https://law.justia.com/codes/alabama/title-6/chapter-9/article-10/section-6-9-238/ | AL | 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. | 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. | 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.) |
https://law.justia.com/codes/alabama/title-6/chapter-9/article-11/section-6-9-250/ | AL | 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. | 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. | 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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