reglab/statecodes huggingface dataset:
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, being liable for an abuse of his discretion to any party injured.
(Code 1907, §4111; Code 1923, §7826; Code 1940, T. 7, §537.)
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 executed by the defendant, proceed forthwith to sell the strawberries so levied on or seized either at public or private sale, as he may deem best, and the proceeds of such sale shall be by such officer paid into the court out of which said writ was issued and shall be held by such court pending the final disposition of the case.
(Acts 1931, No. 348, p. 407; Code 1940, T. 7, §538.)
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 officer, sufficient to satisfy such judgment and costs.
(Code 1907, §4115; Code 1923, §7830; Code 1940, T. 7, §542.)
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, or appended to, the execution, and the substituted property be sold in lieu of that levied on.
(Code 1852, §2450; Code 1867, §2864; Code 1876, §3202; Code 1886, §2911; Code 1896, §1909; Code 1907, §4114; Code 1923, §7829; Code 1940, T. 7, §541.)
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 knows the residence of them, or either of them, such notice may be sent by mail through the postal service.
(Code 1852, §2451; Code 1867, §2865; Code 1876, §3202; Code 1886, §2912; Code 1896, §1910; Code 1907, §4117; Code 1923, §7832; Code 1940, T. 7, §544.)
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 same must, on demand, be refunded to the debtor or his legal representative if it has been paid over to the plaintiff, his agent or attorney without notice of the injunction.
(Code 1852, §2452; Code 1867, §2866; Code 1876, §3204; Code 1886, §2913; Code 1896, §1911; Code 1907, §4118; Code 1923, §7833; Code 1940, T. 7, §545.)
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; Code 1940, T. 7, §528.)
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 unable to do so, he or she must be allowed by the court a reasonable compensation for their support, which he or she may retain from the proceeds of the sale.
(Code 1852, §2442; Code 1867, §2856; Code 1876, §3194; Code 1886, §2903; Code 1896, §1901; Code 1907, §4103; Code 1923, §7818; Code 1940, T. 7, §530; Act 2004-627, p. 1421, §1.)
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, T. 7, §527.)
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 reach the courthouse of the county where the return has to be made, by the return day of the writ, shall be presumptive evidence for the sheriff of the fact, but the sheriff is not authorized to send money by the mail without the consent of the plaintiff in execution.
(Code 1852, §2440; Code 1867, §2855; Code 1876, §3193; Code 1886, §2902; Code 1896, §1900; Code 1907, §4102; Code 1923, §7817; Code 1940, T. 7, §529.)
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, he must endorse thereon the order in which they are received.
(Code 1852, §2436; Code 1867, §2851; Code 1876, §3189; Code 1886, §2898; Code 1896, §1896; Code 1907, §4097; Code 1923, §7812; Code 1940, T. 7, §525.)
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, §2904; Code 1896, §1902; Code 1907, §4104; Code 1923, §7819; Code 1940, T. 7, §531.)
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 1876, §3205; Code 1886, §2914; Code 1896, §1912; Code 1907, §4119; Code 1923, §7834; Code 1940, T. 7, §546.)
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 his name thereto; and he must also, if required, receipt in like manner to the defendant.
(Code 1852, §2449; Code 1867, §2863; Code 1876, §3201; Code 1886, §2910; Code 1896, §1908; Code 1907, §4113; Code 1923, §7828; Code 1940, T. 7, §540.)
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.
To the Sheriff of said County:
You are hereby commanded to sell those goods and chattels of _____, which you have taken pursuant to our command, and which, according to your return, remain in your hands unsold, to satisfy _____ the sum of _____ dollars, recovered by him of the said _____ by the judgment of our circuit (or district) court, held for the County of _____ on the _____ day of _____, 19__, and _____ dollars, cost of the action; and make return of this writ and execution thereof according to law.
Witness my hand, this _____ day of _____, 19__.
_____ Clerk or Register.
(Code 1852, §2454; Code 1867, §2868; Code 1876, §3206; Code 1886, §2915; Code 1896, §1913; Code 1907, §4120; Code 1923, §7835; Code 1940, T. 7, §547.)
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 property was taken, and such officer shall, under the writ of venditioni exponas, receive the property from the representatives of the former sheriff or other officer, who are required to deliver the same to the officer having the venditioni exponas, on his producing the same and executing a receipt for the property, and the officer shall proceed to sell the same as in other cases.
(b) If the representatives of the deceased officer shall refuse or neglect to deliver the property or if there shall not be an executor or administrator of his estate, the officer having the writ of venditioni exponas may seize the property taken by the former officer, wherever it may be found, and sell the same as in other cases, or the plaintiff may move for summary judgment in the court from which the execution issued against the representative of the deceased officer and his sureties; and, thereupon, a judgment shall be entered against the representatives of the deceased officer and his sureties for the amount of the execution which came to the hands of such deceased officer, with interest and costs.
(Code 1907, §§4121, 4122; Code 1923, §§7836, 7837; Code 1940, T. 7, §§548, 549.)
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 1940, T. 7, §552.)
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.)
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 with that intention for a valuable consideration and in writing.
(Code 1907, §4127; Code 1923, §7842; Code 1940, T. 7, §554.)
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 by virtue of any execution or other legal process and who shall fail or refuse to comply with the terms of such sale when requested so to do shall be liable for the amount of such purchase money, and it shall be at the option of such sheriff or other officer either to proceed against such purchaser for the full amount of the purchase money or to resell such real or personal estate and then proceed against the first purchaser for the deficiency arising from such sale.
(b) The action provided for in subsection (a) of this section may be commenced in the name of the sheriff or other officer making the sale for the use of the plaintiff or defendant in execution or for any other person in interest, as the case may be.
(Code 1907, §§4129, 4130; Code 1923, §§7844, 7845; Code 1940, T. 7, §§556, 557.)
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 1940, T. 7, §551.)
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.)
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.)
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 1907, §4134; Code 1923, §7849; Code 1940, T. 7, §561.)
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.)
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 estate or interest therein sold and deliver the same to the purchaser within five days after such sale.
(Code 1867, §2870; Code 1876, §3208; Code 1886, §2917; Code 1896, §1914; Code 1907, §4123; Code 1923, §7838; Code 1940, T. 7, §550.)
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 money, may order the successor in office of the sheriff making such sale to make a conveyance of such lands to the purchaser, and such conveyance shall relate back to the date of the sale. If the purchaser is the plaintiff in the judgment, proof that he has credited, or the fact that he does credit, on the record the defendant with the amount of the purchase money, less the necessary expenses and costs, is equivalent to proof of payment of the purchase money.
(Code 1867, §2869; Code 1876, §3207; Code 1886, §2916; Code 1896, §1915; Code 1907, §4133; Code 1923, §7848; Code 1940, T. 7, §560.)
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 deliver the property levied on to the proper officer by 12:00 noon of the day and at the place appointed for the sale thereof, the sheriff must restore the property to the defendant.
(b) If the property is not delivered according to the condition of the bond, the sheriff must return it forfeited within five days thereafter to the register or clerk's office out of which the execution issued, endorsing thereon a forfeiture of the bond; and it is then the duty of the clerk or register, without delay, to issue execution on the forfeited bond against all the obligors therein for the judgment and costs, upon which no security of any kind can be taken, which he must endorse on the writ.
(c) Subsections (a) and (b) of this section do not apply to executions issued on judgments against sheriff, coroner or other officers of court against whom judgment is obtained for failing to pay over money collected by or paid to them in their official capacity, and the clerk or register must endorse on all such executions, "No security of any kind to be taken."
(Code 1852, §§2467-2469; Code 1867, §§2889-2891; Code 1876, §§3214-3216; Code 1886, §§2918-2920; Code 1896, §§ 1916-1918; Code 1907, §§4135-4137; Code 1923, §§ 7850-7852; Code 1940, T. 7, §§562-564.)
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 the value thereof to the plaintiff, his agent or attorney, and if such tender is refused, the obligors in such bond may, on petition to the judge of the circuit court, supersede the same.
(Code 1852, §2470; Code 1867, §2890; Code 1876, §3217; Code 1886, §2921; Code 1896, §1919; Code 1907, §4138; Code 1923, §7853; Code 1940, T. 7, §565.)
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; Code 1907, §4146; Code 1923, §7861; Code 1940, T. 7, §573.)
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.)
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 is upon the plaintiff.
(Code 1852, §2419; Code 1867, §2830; Code 1876, §3174; Code 1886, §2923; Code 1896, §1930; Code 1907, §4154; Code 1923, §7871; Code 1940, T. 7, §582.)
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 when a judgment is entered in favor of an executor, administrator, guardian or trustee who dies, resigns, is removed, or whose authority ceases from any cause, execution may issue in favor of the successor without a revival.
(Code 1867, §2834; Code 1876, §3176; Code 1886, §2925; Code 1896, §1926; Code 1907, §4149; Code 1923, §7864; Code 1940, T. 7, §575.)
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.)
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.)
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 in such transfer by noting the book and page where recorded. After such transfer, the original plaintiff shall have no further authority or control over such judgment.
(b) If an assignment of a judgment is made or endorsed on the execution docket or on the margin of the record of the judgment and is attested by the clerk, register or judge of probate, the assignee may have execution thereon in the name of the plaintiff for the use of the assignee, whether the plaintiff is living or dead.
(c) In all cases where a transfer of a judgment of a court in this state is made or endorsed on the execution docket or on the margin of the record of the judgment in the court where entered or in the office of the probate judge where a certificate of the judgment is recorded and which transfer is attested by the clerk, register or judge of probate, the assignee of such judgment in addition to the rights conferred upon him by subsection (b) of this section may maintain any action thereon or proceeding to revive in his own name that the plaintiff in said judgment could maintain if such transfer had not been made, whether the plaintiff is living or dead.
(d) The assignee of a judgment, if the assignment is in writing, may have the same revived in his name by appropriate action or motion under the Alabama Rules of Civil Procedure.
(Code 1867, §2836; Code 1876, §3178; Code 1886, §§2927, 2928; Code 1896, §§1928, 1929; Code 1907, §§4152, 4153; Acts 1915, No. 520, p. 591; Code 1923, §§7867-7870; Code 1940, T. 7, §§578-581.)
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 the clerk or register of the court by which the judgment was entered, which certificate shall show the style of the court which entered the judgment, the amount and date thereof, the amount of costs, the names of all parties thereto and the name of the plaintiff's attorney and shall be registered by the judge of probate in a book to be kept by him for that purpose, which said register shall also show the date of the filing of the judgment. Said judge shall make a proper index to said book, which shall also show under the proper letter or letters of the alphabet the names of each and every defendant to said judgment, and such judgments shall be recorded in chronological order of the filing of such judgments. Such certificate shall also show the address of each defendant or respondent, as shown in the court proceedings.
(Code 1896, §1920; Code 1907, §4150; Code 1923, §7874; Code 1940, T. 7, §584; Acts 1975, No. 1060, p. 2121.)
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 years after the date of such judgment; provided, that when an action or other proceeding to enforce or foreclose said lien is instituted or begun within said 10 years, but has not been completed, decided, or determined within said 10-year period, and at the time said action or proceeding is instituted or begun, or lien claimed therein, a lis pendens notice thereof is filed in the office of the judge of probate of the county in which said property is situated, the lien provided for in this section shall continue as to the property upon which said lien is claimed in said action or proceeding and may be enforced or foreclosed in that action as if said 10-year period had not elapsed. No insolvency proceedings or declaration of insolvency shall affect or impair such lien, except bankruptcy proceedings instituted within four months after the filing of the certificate of judgment for record as provided by law. The filing of said certificate of judgment, as provided in Section 6-9-210, shall be notice to all persons of the existence of the lien thereby created.
(Code 1896, §1921; Code 1907, §4157; Code 1923, §7875; Code 1940, T. 7, §585.)
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; Code 1940, T. 7, §586.)
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.)
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.)
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 in a special docket set up for foreign judgments. A judgment so filed has the same effect and is subject to the same procedures, defenses and proceedings for reopening, vacating, or staying as a judgment of a circuit court of this state and may be enforced or satisfied in like manner; provided, however, that any proceeding that is brought to enforce support obligations of other jurisdictions in this state by the withholding of income derived in this state shall be brought in accordance with Chapter 3A, commencing with Section 30-3A-101, of Title 30.
(Acts 1986, Ex. Sess., No. 86-713, p. 127, §3; Acts 1997, No. 97-245, p. 398, §2.)
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 creditor. In addition, such affidavit shall include a statement that the foreign judgment is valid, enforceable, and unsatisfied.
(b) Promptly upon the filing of the foreign judgment and the affidavit, the clerk shall mail notice of the filing of the foreign judgment to the judgment debtor at the address given and shall make a note of the mailing in the special docket. The notice shall include the name and post office address of the judgment creditor and the judgment creditor's lawyer, if any, in this state. In addition, the judgment creditor may mail notice of the filing of the judgment to the judgment debtor and may file proof of mailing with the clerk. Lack of mailing notice of filing by the clerk shall not affect the enforcement proceedings if proof of mailing by the judgment creditor has been filed.
(c) No execution or other process for enforcement of a foreign judgment filed hereunder shall issue until 30 days after the date the judgment is filed.
(Acts 1986, Ex. Sess., No. 86-713, p. 127, §4.)
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 for appeal expires, or the stay of execution expires or is vacated, upon proof that the judgment debtor has furnished the security for the satisfaction of the judgment required by the state in which it was rendered.
(b) If the judgment debtor shows the circuit court any ground upon which enforcement of a judgment of any circuit court of this state would be stayed, the court shall stay enforcement of the foreign judgment for an appropriate period, upon requiring the same security for satisfaction of the judgment which is required in this state.
(Acts 1986, Ex. Sess., No. 86-713, p. 127, §5.)
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, Ex. Sess., No. 86-713, p. 127, §6.)
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.)
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 force and effect as the filing of a certificate of a judgment obtained in a circuit court of this state.
(Acts 1986, Ex. Sess., No. 86-713, p. 127, §8.)
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.)
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.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 11 - Alabama Uniform Foreign-Country Money Judgments Recognition Act. › Section 6-9-251 - Definitions.

Section 6-9-251
Definitions.
In this article:
(1) "Foreign country" means a government other than:
a. the United States;
b. a state, district, commonwealth, territory, or insular possession of the United States; or
c. any other government with regard to which the decision in this state as to whether to recognize a judgment of that government's courts is initially subject to determination under the Full Faith and Credit Clause of the United States Constitution.
(2) "Foreign-country judgment" means a judgment of a court of a foreign country.
(Act 2012-470, p. 1296, §2.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 11 - Alabama Uniform Foreign-Country Money Judgments Recognition Act. › Section 6-9-252 - Applicability of Article.

Section 6-9-252
Applicability of article.
(a) Except as otherwise provided in subsection (b), this article applies to a foreign-country judgment to the extent that the judgment:
(1) grants or denies recovery of a sum of money; and
(2) under the law of the foreign country where rendered, is final, conclusive, and enforceable.
(b) This article does not apply to a foreign-country judgment, even if the judgment grants or denies recovery of a sum of money, to the extent that the judgment is:
(1) a judgment for taxes;
(2) a fine or other penalty; or
(3) a judgment for divorce, support, or maintenance, or other judgment rendered in connection with domestic relations.
(c) A party seeking recognition of a foreign-country judgment has the burden of establishing that this article applies to the foreign-country judgment.
(Act 2012-470, p. 1296, §3.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 11 - Alabama Uniform Foreign-Country Money Judgments Recognition Act. › Section 6-9-253 - Recognition of Foreign-Country Judgments.

Section 6-9-253
Recognition of foreign-country judgments.
(a) Except as otherwise provided in subsections (b) and (c), a court of this state shall recognize a foreign-country judgment to which this article applies.
(b) A court of this state shall not recognize a foreign-country judgment if:
(1) the judgment was rendered under a judicial system that does not provide impartial tribunals or procedures compatible with the requirements of due process of law;
(2) the foreign court did not have personal jurisdiction over the defendant; or
(3) the foreign court did not have jurisdiction over the subject matter.
(c) A court of this state need not recognize a foreign-country judgment if:
(1) the defendant in the proceeding in the foreign court did not receive notice of the proceeding in sufficient time to enable the defendant to defend;
(2) the judgment was obtained by fraud that deprived the losing party of an adequate opportunity to present its case;
(3) the judgment or the claim for relief on which the judgment is based is repugnant to the public policy of this state or of the United States;
(4) the judgment conflicts with another final and conclusive judgment;
(5) the proceeding in the foreign court was contrary to an agreement between the parties under which the dispute in question was to be determined otherwise than by proceedings in that foreign court;
(6) in the case of jurisdiction based only on personal service, the foreign court was a seriously inconvenient forum for the trial of the action;
(7) the judgment was rendered in circumstances that raise substantial doubt about the integrity of the rendering court with respect to the judgment; or
(8) the specific proceeding in the foreign court leading to the judgment was not compatible with the requirements of due process of law.
(d) A party resisting recognition of a foreign-country judgment has the burden of establishing that a ground for nonrecognition stated in subsection (b) or (c) exists.
(Act 2012-470, p. 1296, §4.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 11 - Alabama Uniform Foreign-Country Money Judgments Recognition Act. › Section 6-9-254 - Lack of Personal Jurisdiction; Recognition Sought.

Section 6-9-254
Lack of personal jurisdiction; recognition sought.
(a) A foreign-country judgment may not be refused recognition for lack of personal jurisdiction if:
(1) the defendant was served with process personally in the foreign country;
(2) the defendant voluntarily appeared in the proceeding, other than for the purpose of protecting property seized or threatened with seizure in the proceeding or of contesting the jurisdiction of the court over the defendant;
(3) the defendant, before the commencement of the proceeding, had agreed to submit to the jurisdiction of the foreign court with respect to the subject matter involved;
(4) the defendant was domiciled in the foreign country when the proceeding was instituted or was a corporation or other form of business organization that has its principal place of business in, or was organized under the laws of, the foreign country;
(5) the defendant had a business office in the foreign country and the proceeding in the foreign court involved a claim for relief arising out of business done by the defendant through that office in the foreign country; or
(6) the defendant operated a motor vehicle or airplane in the foreign country and the proceeding involved a claim for relief arising out of that operation.
(b) The list of bases for personal jurisdiction in subsection (a) is not exclusive. The courts of this state may recognize bases of personal jurisdiction other than those listed in subsection (a) as sufficient to support a foreign-country judgment.
(Act 2012-470, p. 1296, §5.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 11 - Alabama Uniform Foreign-Country Money Judgments Recognition Act. › Section 6-9-255 - Action Seeking Recognition of Foreign-Country Judgment.

Section 6-9-255
Action seeking recognition of foreign-country judgment.
(a) If recognition of a foreign-country judgment is sought as an original matter, the issue of recognition shall be raised by filing an action seeking recognition of the foreign-country judgment.
(b) If recognition of a foreign-country judgment is sought in a pending action, the issue of recognition may be raised by counterclaim, cross-claim, or affirmative defense.
(c) The party seeking recognition is required to provide the court with a certified copy of the judgment, and if not in English, an English translation which complies with the requirements of Alabama law.
(Act 2012-470, p. 1296, §6.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 11 - Alabama Uniform Foreign-Country Money Judgments Recognition Act. › Section 6-9-256 - Judgment Conclusive and Enforceable.

Section 6-9-256
Judgment conclusive and enforceable.
If the court in a proceeding under Section 6-9-255 finds that the foreign-country judgment is entitled to recognition under this article, then, to the extent that the foreign-country judgment grants or denies recovery of a sum of money, the foreign-country judgment is:
(1) conclusive between the parties to the same extent as the judgment of a sister state entitled to full faith and credit in this state would be conclusive; and
(2) enforceable in the same manner and to the same extent as a judgment rendered in this state.
(Act 2012-470, p. 1296, §7.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 11 - Alabama Uniform Foreign-Country Money Judgments Recognition Act. › Section 6-9-257 - Stay of Proceedings on Appeal.

Section 6-9-257
Stay of proceedings on appeal.
If a party establishes that an appeal from a foreign-country judgment is pending or will be taken, the court may stay any proceedings with regard to the foreign-country judgment until the appeal is concluded, the time for appeal expires, or the appellant has had sufficient time to prosecute the appeal and has failed to do so.
(Act 2012-470, p. 1296, §8.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 11 - Alabama Uniform Foreign-Country Money Judgments Recognition Act. › Section 6-9-258 - Commencement of Action.

Section 6-9-258
Commencement of action.
An action to recognize a foreign-country judgment must be commenced within the later of the time during which the foreign-country judgment is effective in the foreign country or 5 years from the date that the foreign-country judgment became final, conclusive, and enforceable in the foreign country.
(Act 2012-470, p. 1296, §9.)