reglab/housing_qa huggingface dataset:
AL Code § 6-6-70 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 6 - Remedies.|Article 2 - Attachment.|Division 3 - Execution.|Section 6-6-70 - On What Property and Persons; Endorsement on Writ; Taking of Property Into Possession.

Section 6-6-70On what property and persons; endorsement on writ; taking of property into possession. Attachments may be levied on real estate, whether a fee simple or any less legal estate, or on personal property of the defendant or may be executed by summoning any person indebted to the defendant or liable to him on a contract for the delivery of personal property or for the payment of money which may be discharged by the delivery of personal property or on a contract payable in personal property or a person having in his possession, or under his control, any money or effects belonging to the defendant; and the officer executing the writ must endorse such levy or service thereon and, if practicable, take the property into his possession, unless replevied as prescribed in Division 4 of this article. (Code 1852, §2516; Code 1867, §2943; Code 1876, §3268; Code 1886, §2945; Code 1896, §540; Code 1907, §2940; Code 1923, §6188; Code 1940, T. 7, §861.)
AL Code § 6-6-71 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 6 - Remedies.|Article 2 - Attachment.|Division 3 - Execution.|Section 6-6-71 - Proceedings With Garnishees.

Section 6-6-71Proceedings with garnishees. When attachment is executed by summoning a person indebted to the defendant, such person is called the garnishee, and the summons must be to answer as garnishees are required to answer; and, upon return of an attachment so executed, proceedings may be had as in other cases of garnishment. (Code 1852, §2517; Code 1867, §2944; Code 1876, §3269; Code 1886, §2946; Code 1896, §541; Code 1907, §2941; Code 1923, §6189; Code 1940, T. 7, §862.)
AL Code § 6-6-72 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 6 - Remedies.|Article 2 - Attachment.|Division 3 - Execution.|Section 6-6-72 - Levy on Joint or Separate Property.

Section 6-6-72Levy on joint or separate property. An attachment may be levied on the joint or separate estate of joint obligors, promisors or partners, whether resident or nonresident. (Code 1852, §2518; Code 1867, §2945; Code 1876, §3270; Code 1886, §2947; Code 1896, §542; Code 1907, §2942; Code 1923, §6190; Code 1940, T. 7, §863.)
AL Code § 6-6-73 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 6 - Remedies.|Article 2 - Attachment.|Division 3 - Execution.|Section 6-6-73 - Levy in Any County; Holding of Attached Property.

Section 6-6-73Levy in any county; holding of attached property. The attachment may be executed in any county of the state by the sheriff of the county in which the property or garnishee may be found, and the sheriff must take and hold the property attached, unless replevied, subject to the order of the court in which the attachment is pending. (Code 1852, §2525; Code 1867, §2952; Code 1876, §3277; Code 1886, §2953; Code 1896, §544; Code 1907, §2944; Code 1923, §6192; Code 1940, T. 7, §865.)
AL Code § 6-6-74 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 6 - Remedies.|Article 2 - Attachment.|Division 3 - Execution.|Section 6-6-74 - Branch Writs.

Section 6-6-74Branch writs. Branch writs of attachment may issue to any county of the state directed to any sheriff of the State of Alabama, to be executed as in Section 6-6-73. (Code 1852, §2526; Code 1867, §2954; Code 1876, §3278; Code 1886, §2954; Code 1896, §545; Code 1907, §2945; Code 1923, §6193; Code 1940, T. 7, §866.)
AL Code § 6-6-75 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 6 - Remedies.|Article 2 - Attachment.|Division 3 - Execution.|Section 6-6-75 - Alias Writs of Attachment or New Writs of Garnishment.

Section 6-6-75Alias writs of attachment or new writs of garnishment. Alias writs of attachment or new writs of garnishment may be issued without a renewal of the bond or affidavit in cases where no property, or an insufficient amount thereof to satisfy the plaintiff's demand, has been found, or when, pending the action, the plaintiff wishes to garnish other persons. (Code 1852, §2560; Code 1867, §2988; Code 1876, §3313; Code 1886, §2955; Code 1896, §546; Code 1907, §2946; Code 1923, §6194; Code 1940, T. 7, §867.)
AL Code § 6-6-76 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 6 - Remedies.|Article 2 - Attachment.|Division 3 - Execution.|Section 6-6-76 - Creation of Lien.

Section 6-6-76Creation of lien. The levy of an attachment or service of a garnishment creates a lien in favor of the plaintiff. (Code 1852, §2527; Code 1867, §2955; Code 1876, §3280; Code 1886, §2957; Code 1896, §548; Code 1907, §2948; Code 1923, §6196; Code 1940, T. 7, §869.)
AL Code § 6-6-77 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 6 - Remedies.|Article 2 - Attachment.|Division 3 - Execution.|Section 6-6-77 - Sale of Property Levied on Where Perishable or Expensive to Keep.

Section 6-6-77Sale of property levied on where perishable or expensive to keep. (a) If the property levied on is perishable or if the expense of keeping is great, it must be sold by order of the court, on motion of either party, and the proceeds of sale retained by the sheriff to await the decision of the case, unless the court otherwise directs. (b) If the property levied on is of so perishable a nature that it will deteriorate greatly in value or be destroyed before the meeting of the court or if the charge of keeping it is very great, it is the duty of the sheriff, if not replevied, to sell it at public auction, returning a statement of the facts and the money to the court. (Code 1852, §§2528, 2529; Code 1867, §§2956, 2957; Code 1876, §§3281, 3282; Code 1886, §§2958, 2959; Code 1896, §§549, 550; Code 1907, §§2949, 2950; Code 1923, §§6197, 6198; Code 1940, T. 7, §§870, 871.)
AL Code § 6-6-79 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 6 - Remedies.|Article 2 - Attachment.|Division 3 - Execution.|Section 6-6-79 - Proceedings Against Sheriff and Sureties for Money Received in Sale of Perishables.

Section 6-6-79Proceedings against sheriff and sureties for money received in sale of perishables. The sheriff and his sureties, or either of them, may be proceeded against by motion, on one day's notice, at the instance of the plaintiff or of the defendant if the plaintiff fails in the action for any money received for the sale of perishable property and judgment entered against him, or them, for the amount and five percent a month from the time of the demand. (Code 1852, §2530; Code 1867, §2958; Code 1876, §3284; Code 1886, §2962; Code 1896, §553; Code 1907, §2953; Code 1923, §6201; Code 1940, T. 7, §874.)
AL Code § 6-6-80 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 6 - Remedies.|Article 2 - Attachment.|Division 3 - Execution.|Section 6-6-80 - Indemnification of Sheriff by Plaintiff.

Section 6-6-80Indemnification of sheriff by plaintiff. When a doubt exists as to the title of the defendant to personal property which the sheriff is required to levy upon, he may demand indemnity from the plaintiff. (Code 1852, §2532; Code 1867, §2959; Code 1876, §3285; Code 1886, §2963; Code 1896, §554; Code 1907, §2954; Code 1923, §6202; Code 1940, T. 7, §875.)
AL Code § 6-6-81 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 6 - Remedies.|Article 2 - Attachment.|Division 3 - Execution.|Section 6-6-81 - Notice of Levy - Nonresident Defendant.

Section 6-6-81Notice of levy - Nonresident defendant. When an attachment is sued out against a nonresident of the state, the writ shall be returned to the clerk of the court as soon as levied upon the property of the defendant, and thereupon the clerk shall cause a notice of the attachment and levy on the defendant's property to be advertised once a week for three successive weeks in some newspaper of general circulation in the county in which the property is found, a copy of which must be sent by mail to the defendant if his residence is known or can be ascertained; and, when such publication is perfected, the case shall stand for trial at any time after the expiration of 30 days thereafter. (Code 1852, §2510; Code 1867, §2934; Code 1876, §3259; Code 1886, §2936; Code 1896, §531; Code 1907, §2931; Code 1923, §6179; Code 1940, T. 7, §852.)
AL Code § 6-6-82 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 6 - Remedies.|Article 2 - Attachment.|Division 3 - Execution.|Section 6-6-82 - Notice of Levy - Resident Defendants.

Section 6-6-82Notice of levy - Resident defendants. Notice of the levy of the attachment shall be given in writing by the sheriff, or other person who makes such levy, to the defendant in person or notice thereof in writing left at his residence, if resident in the county and, if not resident in the county, but a resident of the state, then by posting up a written notice at the courthouse door and by sending a copy of the same by mail addressed to the defendant at the post office nearest his residence. (Code 1876, §3260; Code 1886, §2937; Code 1896, §532; Code 1907, §2932; Code 1923, §6180; Code 1940, T. 7, §853.)
AL Code § 6-6-100 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 6 - Remedies.|Article 2 - Attachment.|Division 4 - Replevy of Property.|Section 6-6-100 - By Whom; Execution of Bond.

Section 6-6-100By whom; execution of bond. The defendant in attachment or, in his absence, a stranger, may replevy the goods or chattels attached, or any part thereof, by executing bond, with sufficient sureties, payable to the plaintiff, in double the value of the property replevied, to be determined by the officer making the levy, with condition that if the defendant fails in the action, the principal in the bond or his sureties will return the specific property attached within 30 days after the judgment, which bond must be returned with the other papers of the case. (Code 1852, §2536; Code 1867, §2964; Code 1876, §3289; Code 1886, §2964; Code 1896, §555; Code 1907, §2955; Code 1923, §6203; Code 1940, T. 7, §876.)
AL Code § 6-6-101 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 6 - Remedies.|Article 2 - Attachment.|Division 4 - Replevy of Property.|Section 6-6-101 - Forfeiture of Bond; Execution on Bond.

Section 6-6-101Forfeiture of bond; execution on bond. When the property replevied is not delivered in 30 days after judgment against the defendant in attachment, the sheriff shall return the bond forfeited, and execution must be issued thereon against the principal and sureties for the amount of the value of the property replevied, as fixed by the sheriff or other officer making the levy, with interest thereon from the date of the bond and for the cost of the replevy and of the execution, unless such value is greater than the amount of the judgment against the defendant, in which case the execution shall be for the amount of such judgment and costs. (Code 1852, §2538; Code 1867, §2966; Code 1876, §3291; Code 1886, §2965; Code 1896, §556; Code 1907, §2956; Code 1923, §6204; Code 1940, T. 7, §877.)
AL Code § 6-6-102 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 6 - Remedies.|Article 2 - Attachment.|Division 4 - Replevy of Property.|Section 6-6-102 - Tender of Value if Property Dead or Destroyed.

Section 6-6-102Tender of value if property dead or destroyed. If any of the property so replevied should die or be destroyed without fault or negligence on the part of the person in possession before the day for the delivery thereof, the obligors in the bond may tender the value to the plaintiff, his agent, or attorney; and, if such tender is refused, such obligors may obtain relief by a stay of execution. (Code 1852, §2539; Code 1867, §2967; Code 1876, §3292; Code 1886, §2966; Code 1896, §557; Code 1907, §2957; Code 1923, §6205; Code 1940, T. 7, §878.)
AL Code § 6-6-120 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 6 - Remedies.|Article 2 - Attachment.|Division 5 - Ancillary Attachments.|Section 6-6-120 - In Aid of Pending Action.

Section 6-6-120In aid of pending action. When an action has been commenced by the filing of a complaint, whether a summons has been executed or not, the plaintiff, his agent, or attorney may, at any time before judgment, sue out an attachment in aid of such action, upon making affidavit and giving bond, as is required in the issue of original attachments, and all proceedings on such attachments must be conducted as are proceedings on original attachments. Such attachment may be sued out in any case in which an original attachment may be sued out and may be issued by the officer having authority to issue original attachments. (Code 1852, §§2566, 2567; Code 1867, §§2994, 2995; Code 1876, §§3319, 3320; Code 1886, §2967; Code 1896, §558; Code 1907, §2958; Code 1923, §6206; Code 1940, T. 7, §879.)
AL Code § 6-6-121 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 6 - Remedies.|Article 2 - Attachment.|Division 5 - Ancillary Attachments.|Section 6-6-121 - When Defendants Evade Service of Process; Dismissal of Attachment.

Section 6-6-121When defendants evade service of process; dismissal of attachment. (a) When a summons has been returned "not found" as to all or any of the defendants, residents of the county, if the plaintiff, his agent or attorney makes an affidavit that the defendant has evaded the service of the process, the court must direct an attachment to issue, returnable within 30 days after the levy thereof, and the case must in all respects proceed as against such defendant as if originally commenced by attachment. (b) The plaintiff may, notwithstanding such attachment, proceed to judgment against any of the defendants on whom process was served, but upon a judgment and satisfaction of the debt or claim, the attachment shall be dismissed at the costs of the plaintiff. (Code 1852, §§2568, 2569; Code 1867, §§2996, 2997; Code 1876, §§3321, 3322; Code 1886, §§2969, 2970; Code 1896, §§559, 560; Code 1907, §§2959, 2960; Code 1923, §§6207, 6208; Code 1940, T. 7, §§880, 881.)
AL Code § 6-6-140 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 6 - Remedies.|Article 2 - Attachment.|Division 6 - Trial Proceedings.|Section 6-6-140 - Filing of Complaint in Actions Begun by Attachment - Time.

Section 6-6-140Filing of complaint in actions begun by attachment - Time. If the demand is due at the time of suing out the attachment, the plaintiff must file his complaint within 15 days after the attachment is sued out. If the claim or demand is not due when the attachment is sued out, the plaintiff must file his complaint within 15 days after the claim or demand shall become due. (Code 1852, §§2570, 2571; Code 1867, §§2998, 2999; Code 1876, §§3323, 3324; Code 1886, §2995; Code 1896, §561; Code 1907, §2961; Code 1923, §6209; Code 1940, T. 7, §882.)
AL Code § 6-6-141 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 6 - Remedies.|Article 2 - Attachment.|Division 6 - Trial Proceedings.|Section 6-6-141 - Filing of Complaint in Actions Begun by Attachment - Issuance and Service of Summons; Default Judgment.

Section 6-6-141Filing of complaint in actions begun by attachment - Issuance and service of summons; default judgment. (a) Whenever a complaint is filed in an action begun by attachment, whether at the time of suing out the attachment or subsequently thereto, a summons shall issue upon the complaint in all respects, and with the same effect as if the action had been begun by complaint. The issuance and service of such a summons shall in no manner affect the levy or lien of the attachment or the enforcement thereof. (b) If the defendant appears and pleads, the case proceeds as in actions commenced by complaint. If he fails to appear or, appearing, fails to plead within the time required by law, the plaintiff may take judgment by default, and the court may determine the amount of damages pursuant to the Alabama Rules of Civil Procedure, if necessary. (Code 1852, §2572; Code 1867, §3000; Code 1876, §3325; Code 1886, §2996; Code 1896, §562; Code 1907, §§2962, 2963; Code 1923, §§6210, 6211; Code 1940, T. 7, §§883, 884.)
AL Code § 6-6-142 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 6 - Remedies.|Article 2 - Attachment.|Division 6 - Trial Proceedings.|Section 6-6-142 - Dismissal of Attachment.

Section 6-6-142Dismissal of attachment. An attachment issued without affidavit and bond, as prescribed in Division 2 of this article, may be dismissed on motion of the defendant, filed within 30 days after service of summons on a complaint. (Code 1852, §2561; Code 1867, §2989; Code 1876, §3314; Code 1886, §2997; Code 1896, §563; Code 1907, §2964; Code 1923, §6212; Code 1940, T. 7, §885.)
AL Code § 6-6-143 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 6 - Remedies.|Article 2 - Attachment.|Division 6 - Trial Proceedings.|Section 6-6-143 - Construction of Attachment Law; Amendments; Dismissal.

Section 6-6-143Construction of attachment law; amendments; dismissal. The attachment law must be liberally construed to advance the manifest intent of the law; the plaintiff, before or during the trial, must be permitted to amend any defect of form or of substance in the affidavit, bond or attachment; and no attachment must be dismissed for any defect in the affidavit if the plaintiff, his agent, or attorney will make a sufficient affidavit or, for any defect in the bond or for want of a bond, if the plaintiff, his agent or attorney is willing to give or substitute a sufficient bond. (Code 1852, §2562; Code 1867, §2990; Code 1876, §3315; Code 1886, §2998; Code 1896, §564; Code 1907, §2965; Code 1923, §6213; Code 1940, T. 7, §886.)
AL Code § 6-6-144 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 6 - Remedies.|Article 2 - Attachment.|Division 6 - Trial Proceedings.|Section 6-6-144 - Suspending Entry of Judgment - Against Executor or Administrator.

Section 6-6-144Suspending entry of judgment - Against executor or administrator. No judgment can be entered against an executor or administrator upon his answer in attachment, or garnishment, until six months after the grant of letters testamentary or of administration. (Code 1852, §2522; Code 1867, §2949; Code 1876, §3274; Code 1886, §3002; Code 1896, §569; Code 1907, §2970; Code 1923, §6218; Code 1940, T. 7, §891.)
AL Code § 6-6-145 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 6 - Remedies.|Article 2 - Attachment.|Division 6 - Trial Proceedings.|Section 6-6-145 - Suspending Entry of Judgment - Against Defendant While Claims, etc., Settled.

Section 6-6-145Suspending entry of judgment - Against defendant while claims, etc., settled. No judgment can be entered against the defendant in attachment when a claim has been interposed to try the right of property or when the answer of the garnishee is contested or a contest has arisen about the title to, or interest in, the debt or demand, money or effects garnished until these questions are settled, unless other property or effects of the defendant are attached or garnished about which no contest has arisen or unless personal service by summons and complaint is had on the defendant. (Code 1852, §2558; Code 1867, §2986; Code 1876, §3311; Code 1886, §3000; Code 1896, §567; Code 1907, §2968; Code 1923, §6216; Code 1940, T. 7, §889.)
AL Code § 6-6-146 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 6 - Remedies.|Article 2 - Attachment.|Division 6 - Trial Proceedings.|Section 6-6-146 - Restoration of Property to Claimant at Plaintiff's Cost.

Section 6-6-146Restoration of property to claimant at plaintiff's cost. If the plaintiff does not obtain judgment against the defendant in attachment, all property condemned, when a claim for the trial of the right of property has been interposed, must be restored to the claimant at the cost of the plaintiff. (Code 1852, §2559; Code 1867, §2987; Code 1876, §3312; Code 1886, §3001; Code 1896, §568; Code 1907, §2969; Code 1923, §6217; Code 1940, T. 7, §890.)
AL Code § 6-6-147 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 6 - Remedies.|Article 2 - Attachment.|Division 6 - Trial Proceedings.|Section 6-6-147 - Execution Upon Judgment by Plaintiff.

Section 6-6-147Execution upon judgment by plaintiff. If the judgment of the plaintiff is not satisfied by the property attached or by the garnishee, execution must issue thereon, which may be levied on and satisfied by any property of the defendant; and the plaintiff may proceed to a sale of the property attached by a writ of execution. (Code 1852, §2773; Code 1867, §3001; Code 1876, §3326; Code 1886, §3003; Code 1896, §570; Code 1907, §2971; Code 1923, §6219; Code 1940, T. 7, §892.)
AL Code § 6-6-148 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 6 - Remedies.|Article 2 - Attachment.|Division 6 - Trial Proceedings.|Section 6-6-148 - Action by Defendant - on Attachment Bond for Damages.

Section 6-6-148Action by defendant - On attachment bond for damages. At any time within three years of the suing out of the attachment, before or after the action is determined, the defendant in attachment may commence an action on the attachment bond and may recover such damages as he has actually sustained if the attachment was wrongfully sued out and, if sued out maliciously as well as wrongfully, the jury may, in addition, give vindictive damages. (Code 1852, §§2564, 2565; Code 1867, §§2992, 2993; Code 1876, §§3317, 3318; Code 1886, §2999; Code 1896, §565; Code 1907, §2966; Code 1923, §6214; Code 1940, T. 7, §887.)
AL Code § 6-6-149 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 6 - Remedies.|Article 2 - Attachment.|Division 6 - Trial Proceedings.|Section 6-6-149 - Action by Defendant - Venue for Actions on Injunction Bond or Attachment Bond in Cases of Injunction or Bankruptcy.

Section 6-6-149Action by defendant - Venue for actions on injunction bond or attachment bond in cases of injunction or bankruptcy. The defendant in any action commenced by attachment, in any action in which an injunction against him is issued, or in any proceeding against him as a bankrupt, may commence an action on the attachment bond or injunction bond, as the case may be, against the plaintiffs as for malicious prosecution, and upon the bond of the petitioning creditors, against the petitioning creditors as for a malicious prosecution, in the county where the writ is levied; and in case of bankruptcy, in the county where the goods, property, and effects were seized and located; or such actions may be commenced in the county where the plaintiff in attachment resides or any of the sureties reside; and, in cases of bankruptcy, where the petitioning creditors or anyone of them reside; and, in the cases of injunction, where the plaintiff or any surety on his bond resides. (Code 1896, §566; Code 1907, §2967; Acts 1915, No. 763, p. 880; Code 1923, §6215; Code 1940, T. 7, §888.)
AL Code § 6-6-181 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 6 - Remedies.|Article 4 - Creditors' Actions.|Division 1 - General Provisions.|Section 6-6-181 - Complaint to Compel Discovery, etc., of Property - Intent to Hinder, Delay, or Defraud Creditors; Charge of Fraud to Be Answered; Use of Answer as Evidence on Fraud Indictment.

Section 6-6-181Complaint to compel discovery, etc., of property - Intent to hinder, delay, or defraud creditors; charge of fraud to be answered; use of answer as evidence on fraud indictment. (a) A complaint for discovery may be filed and the defendant compelled to answer such complaint when the defendant is charged with having confessed or suffered a judgment, where no portion or a part only of such judgment is due, with the intent to hinder, delay, or defraud creditors or with having conveyed his property with the like intent. (b) A defendant may be compelled to answer a complaint in the circuit court charging him with any fraud affecting the rights or property of others. (c) No answer made to a complaint under the provisions of subsections (a) and (b) of this section can be read in evidence against the defendant on an indictment for any fraud charged in the complaint. (Code 1852, §§2988-2990; Code 1867, §§3443-3445; Code 1876, §§3883-3885; Code 1886, §§3541-3543; Code 1896, §§815-817; Code 1907, §§3736-3738; Code 1923, §§7339-7341; Code 1940, T. 7, §§894-896.)