reglab/housing_qa huggingface dataset:
AL Code § 6-6-332 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 6 - Remedies.|Article 8 - Forcible Entry and Unlawful Detainer.|Division 2 - Proceedings.|Section 6-6-332 - Process - Form of Notice; Service and Return Thereof.

Section 6-6-332Process - Form of notice; service and return thereof. (a) Upon complaint being made, the district judge shall issue a notice to the party against whom the complaint is made to the following effect: The State of Alabama, ________ County. To ________ You are hereby commanded to be and appear before me, at _____ on the _____ day of _____, 2__, to answer to, and make defense against a complaint exhibited to me against you by _____, for a forcible entry and detainer (or for unlawful detainer, as the case may be). Witness my hand this _____ day of ______, 2__. _______________________________ District Court Judge (b) The notice shall be served on the defendant at least six days before the return day of the process and may be served on the defendant anywhere within the state. The return of the service thereof by any sheriff or constable of the state is sufficient, or proof of the fact may be made before the judge. A copy of the notice shall be personally served upon the defendant. If the sheriff or constable is unable to serve the defendant personally, service may be had by delivering the notice to any person who is sui juris residing on the premises, or if after reasonable effort no person is found residing on the premises, by posting a copy of the notice on the door of the premises, and on the same day of posting or by the close of the next business day, the sheriff, the constable, the person filing the complaint, or anyone on behalf of the person, shall mail notice of the filing of the unlawful detainer action by enclosing, directing, stamping, and mailing by first class a copy of the notice to the defendant at the mailing address of the premises and if there is no mailing address for the premises to the last known address, if any, of the defendant and making an entry of this action on the affidavit filed in the case. Service of the notice by posting shall be complete as of the date of mailing the notice. (c) Upon complaint being made and upon request of the plaintiff to have the notice served on the defendant by a process server other than a sheriff or constable, the court shall, if the process server is qualified under Rule 4.1 (b)(2) of the Alabama Rules of Civil Procedure, order the clerk to deliver the notice to the process server for service. (Code 1852, §§2854, 2855; Code 1867, §§3302, 3303; Code 1876, §§3699, 3700; Code 1886, §§3383, 3384; Code 1896, §§2129, 2130; Code 1907, §§4265, 4266; Code 1923, §§8006, 8007; Code 1940, T. 7, §§969, 970; Acts 1990, No. 90-218, p. 255, §1; Acts 1996, No. 96-573, p. 880, §1.)
AL Code § 6-6-333 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 6 - Remedies.|Article 8 - Forcible Entry and Unlawful Detainer.|Division 2 - Proceedings.|Section 6-6-333 - Process - Neglect or Refusal to Execute by Sheriff or Constable.

Section 6-6-333Process - Neglect or refusal to execute by sheriff or constable. Any sheriff or constable neglecting or refusing to execute any process placed in his hands by a district court judge by virtue of the authority conferred by this article, forfeits to the party aggrieved $200, to be recovered by action in the circuit court. (Code 1852, §2862; Code 1867, §3310; Code 1876, §3707; Code 1886, §3394; Code 1896, §2140; Code 1907, §4276; Code 1923, §8017; Code 1940, T. 7, §980.)
AL Code § 6-6-334 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 6 - Remedies.|Article 8 - Forcible Entry and Unlawful Detainer.|Division 2 - Proceedings.|Section 6-6-334 - Failure of Witnesses to Attend or Refusal to Testify.

Section 6-6-334Failure of witnesses to attend or refusal to testify. (a) Any witness, duly subpoenaed and failing to attend or refusing to testify may be fined by the district court judge not exceeding $100, for the use of the county, for which he may issue execution directed to the constable. (b) The judgment specified in subsection (a) of this section must not be made absolute until 10 days after service of a written notice on such witness, informing him of the entry of such judgment. (Code 1852, §§2869, 2870; Code 1867, §§3318, 3319; Code 1876, §§3715, 3716; Code 1886, §§3394, 3395; Code 1896, §§2141, 2142; Code 1907, §§4277, 4278; Code 1923, §§8018, 8019; Code 1940, T. 7, §§981, 982.)
AL Code § 6-6-335 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 6 - Remedies.|Article 8 - Forcible Entry and Unlawful Detainer.|Division 2 - Proceedings.|Section 6-6-335 - Proceedings When Parties Appear or Defendant Fails to Do So.

Section 6-6-335Proceedings when parties appear or defendant fails to do so. If the parties appear, an issue must be made between them upon the complaint, but if the defendant, having been duly cited, does not appear or, appearing, declines to plead, the case proceeds as if the defendant had denied the allegations of the complaint; or, for good cause, the trial may be postponed not more than 15 days, at the cost of the applicant. (Code 1852, §2856; Code 1867, §3304; Code 1876, §3701; Code 1886, §3386; Code 1896, §2132; Code 1907, §4268; Code 1923, §8009; Code 1940, T. 7, §972.)
AL Code § 6-6-336 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 6 - Remedies.|Article 8 - Forcible Entry and Unlawful Detainer.|Division 2 - Proceedings.|Section 6-6-336 - Extent of Inquiry.

Section 6-6-336Extent of inquiry. The estate or merits of the title cannot be inquired into on the trial of any complaint filed under this article, but all legal and equitable defenses may be had against a recovery for damages or for the unlawful detention of the land. (Code 1852, §2859; Code 1867, §3307; Code 1876, §3704; Code 1886, §3389; Code 1896, §2135; Code 1907, §4271; Code 1923, §8012; Code 1940, T. 7, §975.)
AL Code § 6-6-337 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 6 - Remedies.|Article 8 - Forcible Entry and Unlawful Detainer.|Division 2 - Proceedings.|Section 6-6-337 - Proceedings Upon Determination for Either Plaintiff or Defendant.

Section 6-6-337Proceedings upon determination for either plaintiff or defendant. (a) If the judge determines in favor of the plaintiff, he must record the decision and enter judgment with costs, upon which he must issue a writ of execution commanding the sheriff or the constable to restore the plaintiff to possession or place him in possession of his lands and tenements according to complaint and to levy on and sell a sufficiency of the defendant's goods and chattels, lands and tenements to satisfy the costs of the proceedings. Successive writs may issue at any time when necessary to eject defendant or collect costs and damages, and a defendant who refuses to obey the mandate of the writ as to the possession of the property or who enters upon the premises without just cause or legal excuse after being ejected shall be guilty of resisting an officer and contempt of court and shall be punished and fined accordingly, in the discretion of the court issuing the process. (b) If the judge determines in favor of the defendant, judgment must be entered in his favor for the costs, upon which an execution may issue as in other cases. (Code 1852, §§2857, 2858; Code 1867, §§3305, 3306; Code 1876, §§3702, 3703; Code 1886, §§3387, 3388; Code 1896, §§2133, 2134; Code 1907, §§4269, 4270; Code 1923, §§8010, 8011; Code 1940, T. 7, §§973, 974.)
AL Code § 6-6-350 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 6 - Remedies.|Article 8 - Forcible Entry and Unlawful Detainer.|Division 3 - Appeals.|Section 6-6-350 - To Circuit Court From District Court.

Section 6-6-350To circuit court from district court. Any party may appeal from a judgment entered against him or her by a district court to the circuit court at any time within seven days after the entry thereof, and appeal and the proceedings thereon shall in all respects, except as provided in this article, be governed by this code relating to appeal from district courts. However, the clerk of the court shall schedule the action for trial as a preferred case, and it shall be set for trial within 60 days from the date of appeal. (Code 1852, §§2811, 2864; Code 1867, §§3257, 3313; Code 1876, §§3654, 3710; Code 1886, §3398; Code 1896, §2144; Code 1907, §4280; Code 1923, §8021; Code 1940, T. 7, §984; Acts 1996, No. 96-573, p. 880, §1; Act 2006-316, p. 668, §2.)
AL Code § 6-6-351 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 6 - Remedies.|Article 8 - Forcible Entry and Unlawful Detainer.|Division 3 - Appeals.|Section 6-6-351 - Writs of Restitution or Possession - Suspension Upon Payment of Rent by Defendant.

Section 6-6-351Writs of restitution or possession - Suspension upon payment of rent by defendant. (a) Notwithstanding any other provisions of law or of the Alabama Rules of Civil Procedure, in cases of forcible entry or unlawful detainer, an appeal to circuit court or to appellate court does not prevent the issue of a writ of restitution or possession unless the defendant pays to the clerk of the district court all rents called for under the terms of the lease, since the date of the filing of the action and continues to pay all rent that becomes due and payable under the terms of the lease as they become due, during the pendency of the appeal, and the sums are to be ascertained by the judge. (b) If the defendant should fail to make any payments as they become due under subsection (a), the court shall issue a writ of restitution or possession and the plaintiff shall be placed in full possession of the premises. (c) Upon disposition of the appeal, the court shall direct the clerk as to the disposition of the funds paid to the clerk pursuant to subsection (a). (Code 1852, §2865; Code 1867, §3314; Code 1876, §3711; Code 1886, §3401; Code 1896, §2145; Code 1907, §4281; Code 1923, §8022; Code 1940, T. 7, §985; Acts 1996, No. 96-573, p. 880, §1.)
AL Code § 6-6-352 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 6 - Remedies.|Article 8 - Forcible Entry and Unlawful Detainer.|Division 3 - Appeals.|Section 6-6-352 - Writs of Restitution or Possession - Issuance by Circuit Court.

Section 6-6-352Writs of restitution or possession - Issuance by circuit court. In the event that the plaintiff is placed in possession under a writ of restitution or possession, and on appeal the judgment is reversed and one entered for the defendant or the proceeding on appeal is quashed or dismissed, the circuit court may award a writ of restitution or possession to restore him to possession as against the plaintiff, but not as against a third party; but the issuance of the writ rests in the discretion of the appellate court, and the circuit court may, in all cases, direct writs of restitution or possession to be issued by the trial court when, in the judgment of the circuit court, such writ is proper or necessary (Code 1923, §8030; Code 1940, T. 7, §993.)
AL Code § 6-6-353 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 6 - Remedies.|Article 8 - Forcible Entry and Unlawful Detainer.|Division 3 - Appeals.|Section 6-6-353 - Proceedings When Determination Is Against Appellant.

Section 6-6-353Proceedings when determination is against appellant. In cases of forcible entry or unlawful detainer, the judgment, if against the appellant, must be entered in the circuit court against him and the sureties on the appeal or certiorari bond, including the costs in the inferior and circuit courts, and if the appeal or certiorari was sued out by the defendant and a supersedeas bond was executed, a writ of restitution or possession must be awarded and judgment must also be entered against the defendant and the sureties on his supersedeas bond for the value of the rent of the premises pending the appeal. (Code 1852, §§2866, 2867; Code 1867, §§3315, 3316; Code 1876, §§3712, 3713; Code 1886, §3411; Code 1896, §2146; Code 1907, §4282; Code 1923, §8023; Code 1940, T. 7, §986.)
AL Code § 6-6-370 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 6 - Remedies.|Article 9 - Garnishments.|Division 1 - General Provisions.|Section 6-6-370 - "Garnishment" Defined.

Section 6-6-370"Garnishment" defined. A "garnishment," as employed in this article, is process to reach and subject money or effects of a defendant in attachment, in a judgment or in a pending action commenced in the ordinary form in the possession or under the control of a third person, or debts owing such defendant or liabilities to him on contracts for the delivery of personal property, on contracts for the payment of money which may be discharged by the delivery of personal property or on contracts payable in personal property; and such third person is called the garnishee. (Code 1886, §2994; Code 1896, §2171; Code 1907, §4300; Code 1923, §8051; Code 1940, T. 7, §995.)
AL Code § 6-6-371 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 6 - Remedies.|Article 9 - Garnishments.|Division 1 - General Provisions.|Section 6-6-371 - Applicability of Section 6-6-143.

Section 6-6-371Applicability of Section 6-6-143. The provisions of Section 6-6-143 are applicable to garnishments. (Code 1896, §2186; Code 1907, §4315; Code 1923, §8066; Code 1940, T. 7, §1010.)
AL Code § 6-6-390 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 6 - Remedies.|Article 9 - Garnishments.|Division 2 - Institution of Proceedings.|Section 6-6-390 - When Process of Garnishment Obtainable.

Section 6-6-390When process of garnishment obtainable. The plaintiff in any pending action for the recovery of money or the plaintiff or assignee in any judgment on which execution can issue may obtain process of garnishment as defined in Section 6-6-370; provided, that no garnishment shall issue prior to a final judgment, pursuant to this section and Sections 6-6-291 through 6-6-294, unless there is a showing that such garnishment is necessary because of extraordinary circumstances. (Code 1852, §2471; Code 1867, §2892; Code 1876, §§3218, 3219; Code 1886, §§2968, 2971; Code 1896, §2172; Code 1907, §4301; Code 1923, §8052; Code 1940, T. 7, §996; Acts 1951, No. 916, p. 1568.)
AL Code § 6-6-391 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 6 - Remedies.|Article 9 - Garnishments.|Division 2 - Institution of Proceedings.|Section 6-6-391 - Affidavit of Amount Due Plaintiff.

Section 6-6-391Affidavit of amount due plaintiff. To obtain such writ of garnishment, the plaintiff, his agent or attorney must make, before an officer authorized to administer oaths, and file, with the clerk of the court in which the action is pending or the judgment was entered, an affidavit stating the amount due from the defendant to the plaintiff, or his assignee, that process of garnishment is believed to be necessary to obtain satisfaction thereof and that the person to be summoned as garnishee is believed to be chargeable as garnishee in the case. It is not ground of objection that two or more persons having separate interests are mentioned as garnishees. (Code 1852, §2471; Code 1867, §2892; Code 1876, §3219; Code 1886, §§2968, 2973; Code 1896, §2173; Code 1907, §4302; Code 1923, §8053; Code 1940, T. 7, §997.)
AL Code § 6-6-392 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 6 - Remedies.|Article 9 - Garnishments.|Division 2 - Institution of Proceedings.|Section 6-6-392 - Bond Required When Garnishment in Aid of Pending Action; Exception as to Superintendent of Banks.

Section 6-6-392Bond required when garnishment in aid of pending action; exception as to Superintendent of Banks. When the garnishment is in aid of a pending action, the plaintiff, his agent or attorney must also give bond in double the amount claimed in the action, with sufficient surety, to be approved by the officer issuing the writ, with condition that the plaintiff will prosecute the garnishment to effect and pay the defendant all such damages as he may sustain from the wrongful or vexatious suing out of such garnishment; and such bond, as to actions thereon, is subject to the provisions of this code relating to actions on attachment bonds; provided, however, that the Superintendent of Banks of the State of Alabama shall not be required to give bond when garnishment is issued in aid of a pending action, which action is based on a promissory note owned by a bank in the process of liquidation. Such Superintendent of Banks or the liquidating agent of such bank in liquidation shall, however, be liable on his official bonds for damages sustained from the wrongful or vexatious suing out of a writ of garnishment. The Superintendent of Banks shall, however, be required to obtain an order from the circuit court of the county in which such bank in liquidation is located, exempting the Superintendent of Banks from giving such bonds. The order need not specify the particular case or cases, but may be general and exempt the Superintendent of Banks from giving bond in all cases to be brought by him on promissory notes owned by the bank in liquidation wherein garnishments are to issue in aid of the pending actions. (Code 1852, §2471; Code 1867, §2892; Code 1876, §3219; Code 1886, §2868; Code 1896, §2174; Code 1907, §4303; Code 1923, §8054; Acts 1931, No. 556, p. 652; Code 1940, T. 7, §998.)
AL Code § 6-6-393 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 6 - Remedies.|Article 9 - Garnishments.|Division 2 - Institution of Proceedings.|Section 6-6-393 - Issuance and Service of Process.

Section 6-6-393Issuance and service of process. Upon the filing of the affidavit or the affidavit and bond, as the case may be, the officer filing the same must issue process of garnishment and a copy thereof for each garnishee, to be served by the proper officer, requiring the garnishee to appear within 30 days and file an answer, upon oath, whether, at the time of the service of the garnishment, at the time of making his answer or at any time intervening between the time of serving the garnishment and making the answer he was indebted to the defendant and whether he will not be indebted in future to him by a contract then existing, whether by a contract then existing he is liable to him for the delivery of personal property or for the payment of money which may be discharged by the delivery of personal property or which is payable in personal property and whether he has not in his possession or under his control money or effects belonging to the defendant. (Code 1852, §2517; Code 1867, §2944; Code 1876, §3269; Code 1886, §2945; Code 1896, §2175; Code 1907, §4304; Code 1923, §8055; Code 1940, T. 7, §999.)
AL Code § 6-6-394 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 6 - Remedies.|Article 9 - Garnishments.|Division 2 - Institution of Proceedings.|Section 6-6-394 - Notice to Defendant.

Section 6-6-394Notice to defendant. When the defendant resides within the state and the garnishment is issued on a judgment or in a pending action in which an appearance has not been entered for the defendant, the officer issuing the garnishment must issue notice thereof to the defendant, which notice must be served on him at least five days before judgment against the garnishee. (Code 1896, §2176; Code 1907, §4305; Code 1923, §8056; Code 1940, T. 7, §1000.)
AL Code § 6-6-395 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 6 - Remedies.|Article 9 - Garnishments.|Division 2 - Institution of Proceedings.|Section 6-6-395 - Revival of Proceedings When Garnishee or Contestant Dies.

Section 6-6-395Revival of proceedings when garnishee or contestant dies. If the garnishee dies after he has been summoned as garnishee and pending the litigation, the proceedings may be revived against his legal representatives. Such proceedings may also be revived against the legal representatives of a contestant who dies, after notice to appear and contest with the plaintiff. (Code 1852, §2557; Code 1867, §2985; Code 1876, §3310; Code 1886, §2992; Code 1896, §2207; Code 1907, §4336; Code 1923, §8087; Code 1940, T. 7, §1031.)
AL Code § 6-6-410 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 6 - Remedies.|Article 9 - Garnishments.|Division 3 - What May Be Garnished.|Section 6-6-410 - Debt or Demand on Which Action Pending.

Section 6-6-410Debt or demand on which action pending. A debt or demand which is subject to garnishment may be reached and subjected though an action may be pending thereon; and if the action is not pending in the court from which the garnishment issues, the court, on proof by the garnishee of the pendency of the garnishment, must, on the entry of judgment, stay execution until notified by the clerk of the court in which the garnishment or attachment is instituted that final judgment has been entered, in which case he must make the appropriate order according to whether the judgment is entered for the plaintiff or defendant. (Code 1852, §2524; Code 1867, §2951; Code 1876, §3276; Code 1886, §2952; Code 1896, §2177; Code 1907, §4306; Code 1923, §8057; Code 1940, T. 7, §1001.)
AL Code § 6-6-411 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 6 - Remedies.|Article 9 - Garnishments.|Division 3 - What May Be Garnished.|Section 6-6-411 - Executors and Administrators.

Section 6-6-411Executors and administrators. (a) Executors and administrators may be garnished for debts due by the testator or intestate to the defendant and may have process of garnishment in their representative character. (b) Executors and administrators may be garnished for debts due by the legatees or distributees, but no judgment can be entered against them until a settlement of the estate, unless they assent to the legacy or admit assets to pay the amount claimed or some portion thereof out of the distributive share of the debtor. (Code 1852, §§2519, 2520; Code 1867, §§2946, 2947; Code 1876, §§3272, 3273; Code 1886, §§2948, 2949; Code 1896, §§2178, 2179; Code 1907, §§4307, 4308; Code 1923, §§8058, 8059; Code 1940, T. 7, §§1002, 1003.)
AL Code § 6-6-412 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 6 - Remedies.|Article 9 - Garnishments.|Division 3 - What May Be Garnished.|Section 6-6-412 - Money in Hands of Attorney, Sheriff, or Other Officer.

Section 6-6-412Money in hands of attorney, sheriff, or other officer. Money in hands of an attorney-at-law, sheriff, or other officer may be garnished; and, in the case of officers of the court, the money must be paid into the court to abide the result of the action, unless the court otherwise directs. (Code 1852, §2521; Code 1867, §2948; Code 1876, §3273; Code 1886, §2950; Code 1896, §2180; Code 1907, §4309; Code 1923, §8060; Code 1940, T. 7, §1004.)
AL Code § 6-6-413 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 6 - Remedies.|Article 9 - Garnishments.|Division 3 - What May Be Garnished.|Section 6-6-413 - Money or Effects in Hands of Trustee; Exception.

Section 6-6-413Money or effects in hands of trustee; exception. (a) Money or effects of the defendant in the hands of a trustee may be garnished and held subject to the validity of the instrument creating the trust or the excess remaining in the trustee's hands after the execution of the trust, if valid; but if the deed is held void, the trustee, if not guilty of actual fraud, may retain for a debt due himself and must be protected so far as he has acted in good faith under the trust before the service of the garnishment. (b) Personal property in the custody of a trustee in bankruptcy, exempt to the bankrupt, cannot be garnished. (Code 1852, §2523; Code 1867, §2950; Code 1876, §3275; Code 1886, §2951; Code 1896, §2181; Code 1907, §4310; Code 1923, §8061; Code 1940, T. 7, §1005.)