reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 2 - Attachment. › Division 3 - Execution. › Section 6-6-74 - Branch Writs.

Section 6-6-74
Branch 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.)
2023 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 6-6-75
Alias 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.)
2023 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 6-6-77
Sale 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.)
2023 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 6-6-79
Proceedings 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.)
2023 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 6-6-80
Indemnification 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.)
2023 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 6-6-81
Notice 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.)
2023 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 6-6-82
Notice 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.)
2023 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 6-6-100
By 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.)
2023 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 6-6-101
Forfeiture 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.)
2023 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 6-6-102
Tender 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.)
2023 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 6-6-120
In 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.)
2023 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 6-6-121
When 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.)
2023 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 6-6-140
Filing 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.)
2023 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 6-6-141
Filing 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.)
2023 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 6-6-142
Dismissal 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.)
2023 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 6-6-143
Construction 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.)
2023 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 6-6-144
Suspending 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.)
2023 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 6-6-145
Suspending 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.)
2023 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 6-6-146
Restoration 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.)
2023 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 6-6-147
Execution 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.)
2023 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 6-6-148
Action 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.)
2023 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 6-6-149
Action 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.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 3 - Trial of Right of Property. › Section 6-6-160 - Claim of Persons Not Party to Writ of Execution or Attachment, etc., to Personal Property Levied On; Affidavit and Bond; Delivery of Property to Claimant.

Section 6-6-160
Claim of persons not party to writ of execution or attachment, etc., to personal property levied on; affidavit and bond; delivery of property to claimant.
When an execution, attachment or other like writ, issued from any court or by any officer, is levied on personal property as to which any person not a party to the writ claims to own the title, legal, or equitable, or a lien paramount to the right, title, or interest in the property of the defendant in the writ, such person may try the right to such property before a sale thereof upon making affidavit by himself, his agent, or attorney, which may be taken by the officer levying the writ or any officer authorized to administer oaths that he holds such title to, or such lien upon, the property claimed and executing bond with two good and sufficient sureties, to be approved by the officer making the levy and payable to the plaintiff in double the value of the property levied on and claimed, the value thereof to be determined by the officer making the levy, but in no case to be more than double the amount of the writ levied, with condition to have the property forthcoming for the satisfaction of the judgment or claim of the plaintiff if it shall be found liable therefor and also for the payment of such costs and damages as may be recovered for interposing the claim for delay, whereupon the property levied upon must be delivered into the possession of the claimant.
(Code 1852, §§2537, 2587, 2833; Code 1867, §§2695, 3016, 3279; Code 1876, §§3290, 3341, 3676; Code 1886, §§3004, 3012, 3014, 3365; Code 1896, §4141; Code 1907, §6039; Code 1923, §10375; Acts 1935, No. 418, p. 891; Code 1940, T. 7, §1168.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 3 - Trial of Right of Property. › Section 6-6-161 - Return of Writ, Bond and Affidavit; Issue Made Up; Burden of Proof.

Section 6-6-161
Return of writ, bond and affidavit; issue made up; burden of proof.
The officer making the levy must, except as otherwise provided in Sections 6-6-165 and 6-6-166, return the writ, affidavit and bond to court to which it is returnable, when an issue must be made up between the plaintiff in the writ and the claimant, in which the former must allege that the property claimed is the property of the defendant in the writ and is liable to its satisfaction. On the trial of such issue, the burden of proof is on the plaintiff.
(Code 1852, §§2588, 2834; Code 1867, §§3017, 3280; Code 1876, §§3342, 3677; Code 1886, §§3005, 3366; Code 1896, §4142; Code 1907, §6040; Code 1923, §10376; Code 1940, T. 7, §1169.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 3 - Trial of Right of Property. › Section 6-6-162 - Assessment of Property Value and Damages for Delay.

Section 6-6-162
Assessment of property value and damages for delay.
If the jury or judge finds the property levied on to be liable to the satisfaction of the writ, he or they must, as far as practicable, assess the value at the time of the interposition of the claim of each article separately; and if it is a case in which execution has been levied and it is shown on the trial that the claim was interposed for delay, he or they must also assess such damages as the plaintiff may be entitled to, not more than 15 percent on the amount of the execution.
(Code 1852, §§2589, 2837; Code 1867, §§3018, 3283; Code 1876, §§3343, 3680; Code 1886, §§3007, 3367; Code 1896, §4143; Code 1907, §6041; Code 1923, §10377; Code 1940, T. 7, §1170.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 3 - Trial of Right of Property. › Section 6-6-163 - Forfeiture of Claimant's Bond; Execution for Amount of Judgment, Damages, and Costs.

Section 6-6-163
Forfeiture of claimant's bond; execution for amount of judgment, damages, and costs.
If judgment is entered against the claimant and he fails to deliver the property to the officer making the levy and pay the costs of the trial of the right of property within 30 days, such officer must endorse the bond forfeited; and thereupon, if the property was levied on under execution or, if levied on under attachment, after judgment in favor of the plaintiff against the defendant in attachment, the clerk must issue execution against the obligors on the bond for the amount of the plaintiff's judgment, for the damages, if any were assessed, and the costs of the amount of such assessed value, if that is not greater than the amount of the judgment and for the damages, if any were assessed, and the costs of the trial of the right of property. And in the event the claimant delivers the property, but fails to pay damages and costs within 30 days, execution must issue for such damages and costs only.
(Code 1852, §§2538, 2590; Code 1867, §§2966, 3019; Code 1876, §§3291, 3344; Code 1886, §§3008, 3013, 3368; Code 1896, §4144; Code 1907, §6042; Code 1923, §10378; Code 1940, T. 7, §1171.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 3 - Trial of Right of Property. › Section 6-6-164 - Claims Based on Mortgage or Lien; Ascertainment of Amount; Payment by Plaintiff; Sale of Property and Application of Proceeds.

Section 6-6-164
Claims based on mortgage or lien; ascertainment of amount; payment by plaintiff; sale of property and application of proceeds.
When the claim interposed is based on a mortgage or lien, the claimant must state in his affidavit the nature of the right which he claims; and, in case such claim is sustained on the trial, the amount of it, whether then due or not, with interest to the date of the trial, must be ascertained by the jury or judge, as the case may be. The plaintiff may, within 10 days from date of said ascertainment, pay to the mortgagee or his assignee or to the lien holder the amount ascertained to be due; and in such case the property shall be sold as well for the payment of the debt secured by the mortgage or the lien, as ascertained, as for the satisfaction of the plaintiff's judgment, the proceeds of the sale to be applied first, after payment of the costs, to reimburse the plaintiff the amount so paid by him to such mortgagee or lien holder, and the claim or affidavit may be amended as provided by Section 6-6-143.
(Code 1852, §2595; Code 1867, §3024; Code 1876, §3349; Code 1886, §3017; Code 1896, §4145; Code 1907, §6043; Code 1923, §10379; Code 1940, T. 7, §1172.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 3 - Trial of Right of Property. › Section 6-6-165 - Return - Where Execution Issued From Probate Court; Trial in Circuit Court; Return of Execution on Forfeited Bond.

Section 6-6-165
Return - Where execution issued from probate court; trial in circuit court; return of execution on forfeited bond.
(a) If the levy was made under execution issued from the probate court, the sheriff must return the original execution to the court from which it issued with an endorsement thereon showing the interposition of the claim, and he must return a copy of the execution and of the returns thereon, the affidavit and the bond to the circuit court of his county, where, after 30 days, the trial of the right of property must be had according to the provisions of this article.
(b) If, in the case provided for in subsection (a) of this section, the bond is forfeited, the execution on the forfeited bond must be made returnable to the court from which the original process issued, of which and of the time of its receipt by the sheriff the clerk must give the judge of probate written notice, which shall be presumptive evidence of the fact against the sheriff.
(Code 1852, §§667, 678; Code 1867, §§799, 800; Code 1876, §§705, 706; Code 1886, §§3006, 3009; Code 1896, §§4146, 4147; Code 1907, §§6044, 6045; Code 1923, §§10380, 10381; Code 1940, T. 7, §§1173, 1174.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 3 - Trial of Right of Property. › Section 6-6-166 - Return - Where Levy Made in Different County Than Where Judgment Entered or Original Attachment Issued; Trial in Circuit Court; Effect of Copies; Forfeiture of Bond.

Section 6-6-166
Return - Where levy made in different county than where judgment entered or original attachment issued; trial in circuit court; effect of copies; forfeiture of bond.
(a) When the levy is made in a different county from that in which the judgment was entered or the original attachment issued, if a claim is interposed to the property, it is the duty of the officer levying the writ to return the original to the court from which it issued, with a statement thereon showing the interposition of the claim and true copies of the affidavit and bond, certified by him; and he must return the original affidavit and bond and a true copy of the writ under which the levy was made, certified by him, to the circuit court of his own county, where, after 30 days, the trial of the right of property must be had. The copies thus required to be made, certified as provided in this section, must be received in lieu of and have, in all respects, the same effect as the originals.
(b) If, in the case provided for in subsection (a) of this section, the property levied on is found liable to the satisfaction of the writ and is not delivered up to the sheriff of the county in which the trial of the right of property was had within 20 days thereafter, he must endorse the bond forfeited; and thereupon the clerk must issue execution as in other cases of the trial of the right of property, except that he must make the same returnable to the court from which the original writ issued, of which and of the time of its receipt by the sheriff he must give the proper officer of such court written notice, which shall be presumptive evidence of the fact against the sheriff, and he must also issue a separate execution for the costs of his own court.
(Code 1852, §§2591, 2592; Code 1867, §§3020, 3021; Code 1876, §§3345, 3346; Code 1886, §§3010, 3011; Code 1896, §§4148, 4149; Code 1907, §§6046, 6047; Code 1923, §§10382, 10383; Code 1940, T. 7, §§1175, 1176.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 3 - Trial of Right of Property. › Section 6-6-167 - Levy on Other Property by Plaintiff Not Precluded.

Section 6-6-167
Levy on other property by plaintiff not precluded.
The interposition of a claim for the trial of the right of property shall not prevent the plaintiff from levying on other property of the defendant in the process.
(Code 1852, §2593; Code 1867, §3022; Code 1876, §3347; Code 1886, §3015; Code 1896, §4150; Code 1907, §6084; Code 1923, §10384; Code 1940, T. 7, §1177.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 3 - Trial of Right of Property. › Section 6-6-168 - Release of Sheriff From Damages for Seizure.

Section 6-6-168
Release of sheriff from damages for seizure.
A claim interposed for the trial of the right of property is a release by the claimant in favor of the sheriff from all damages for seizing the property levied on.
(Code 1852, §2594; Code 1867, §3023; Code 1876, §3348; Code 1886, §3016; Code 1896, §4151; Code 1907, §6049; Code 1923, §10385; Code 1940, T. 7, §1178.)
2023 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 6-6-181
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.
(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.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 4 - Creditors' Actions. › Division 1 - General Provisions. › Section 6-6-180 - Complaint to Compel Discovery, etc., of Property - Execution for Money Not Satisfied.

Section 6-6-180
Complaint to compel discovery, etc., of property - Execution for money not satisfied.
When an execution for money from any court has been issued against a defendant and is not satisfied, the plaintiff, or the person for whose benefit such execution is sued out, may file a complaint against such defendant to compel the discovery of any property belonging to him, or held in trust for him, and to prevent the transfer, payment or delivery thereof to such defendant, except when the trust has been created by, or proceeded from, some other person than the defendant himself; and the court may bring any other party before it and adjudge such property, or the interest of the defendant therein, to the satisfaction of the sum due the plaintiff.
(Code 1852, §2987; Code 1867, §3442; Code 1876, §3882; Code 1886, §3540; Code 1896, §814; Code 1907, §3735; Code 1923, §7338; Code 1940, T. 7, §893.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 4 - Creditors' Actions. › Division 1 - General Provisions. › Section 6-6-182 - Complaint to Compel Discovery, etc., of Property - Creditor Without Lien.

Section 6-6-182
Complaint to compel discovery, etc., of property - Creditor without lien.
A creditor without a lien may file a complaint to discover, or to subject to the payment of his debt, any property which has been fraudulently transferred or conveyed or attempted to be fraudulently transferred or conveyed by his debtor.
(Code 1867, §3446; Code 1876, §3886; Code 1886, §3544; Code 1896, §818; Code 1907, §3739; Code 1923, §7342; Code 1940, T. 7, §897.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 4 - Creditors' Actions. › Division 1 - General Provisions. › Section 6-6-183 - Complaint for Discovery of Assets - Execution Returned "No Property Found" or Creditor Without Lien or Judgment; Answer of Debtor.

Section 6-6-183
Complaint for discovery of assets - Execution returned "no property found" or creditor without lien or judgment; answer of debtor.
A creditor, having obtained a judgment upon which execution has issued and been returned "no property found" or a creditor without a lien or judgment may, in a court of competent jurisdiction of the county in which the judgment debtor resides or in a like court of the county in which the judgment was entered, file a complaint for the discovery of the assets of the debtor subject to the payment of debts; and the debtor must answer on oath and disclose all property, real or personal, in which he may have or may claim an interest, legal or equitable; all moneys, effects, or choses in action in which he may have or may claim an interest, legal or equitable; where such property, real or personal, is situated or may be found; who has or may claim possession thereof; in whose possession are the moneys, effects, or choses in action in which he has or may claim an interest, legal or equitable and where such moneys, effects, or choses in action may be found.
(Code 1876, §3887; Code 1886, §3545; Code 1896, §819; Code 1907, §3740; Code 1923, §7343; Code 1940, T. 7, §898.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 4 - Creditors' Actions. › Division 1 - General Provisions. › Section 6-6-184 - Complaint for Discovery of Assets - Joinder of Judgment Creditors, Creditors Without Liens, or Judgments and Assignees of Judgments.

Section 6-6-184
Complaint for discovery of assets - Joinder of judgment creditors, creditors without liens, or judgments and assignees of judgments.
Any number of judgment creditors upon whose judgments executions have issued and been returned "no property found" or creditors without liens or judgments may join as plaintiffs in such complaint. The assignee of a judgment or the several assignees of several judgments may maintain such complaint. It is no objection to such complaint that judgment creditors, creditors without liens, or judgments and the assignees of judgments, or any two or more of them, are joined as plaintiffs therein.
(Code 1886, §3546; Code 1896, §820; Code 1907, §3771; Code 1923, §7344; Code 1940, T. 7, §899.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 4 - Creditors' Actions. › Division 1 - General Provisions. › Section 6-6-185 - Complaint for Discovery of Assets - Orders or Judgments; Appointment of Receiver.

Section 6-6-185
Complaint for discovery of assets - Orders or judgments; appointment of receiver.
If, from the answer, it appears that the defendant has property, real and personal, or an interest in property, real or personal, subject to the payment of debts, or has money, effects, or choses in action or an interest in moneys, effects, or choses in action subject to the payment of debts, whether such property, money, effects, or choses in action are within or without the state, the court must make all such orders or judgments as may be necessary and proper to reach and subject such property, moneys, effects, or choses in action and, for that purpose, may appoint a receiver with authority to demand, commence an action for and recover or otherwise to reduce to possession such property, moneys, effects, or choses in action and may require the debtor to make to such receiver all conveyances, assignments, or transfers which may be necessary and proper to enable him to receive or to commence an action for and recover such property.
(Code 1876, §3888; Code 1886, §3547; Code 1896, §821; Code 1907, §3742; Code 1923, §7345; Code 1940, T. 7, §900.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 4 - Creditors' Actions. › Division 1 - General Provisions. › Section 6-6-186 - Examination of Debtor as to His Property, Etc.

Section 6-6-186
Examination of debtor as to his property, etc.
(a) After answer filed on the application of the plaintiff showing a necessity therefor, which application must be verified by oath, the judge may order an examination of the debtor before the register or clerk or before an examiner specially appointed, touching and concerning his property, real or personal, moneys, effects, and choses in action; and it is the duty of the debtor to attend at the time and place to which he may be summoned by the register, clerk, or examiner and submit to such examination.
(b) The provisions of this section apply to any complaint filed under this article.
(Code 1876, §3887; Code 1886, §3548; Code 1896, §822; Code 1907, §3743; Code 1923, §7346; Code 1940, T. 7, §901.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 4 - Creditors' Actions. › Division 1 - General Provisions. › Section 6-6-187 - Subjecting Unpaid Subscriptions to Satisfy Payment of Judgment Against Corporation.

Section 6-6-187
Subjecting unpaid subscriptions to satisfy payment of judgment against corporation.
A judgment creditor of a corporation, having an execution returned, "no property found," may, by complaint in a court of competent jurisdiction, subject to the payment of his judgment the unpaid subscription of one or more stockholders in such corporation without joining the other stockholders and without regard to whether the corporation has called for such subscription or could commence an action therefor against the stockholder.
(Code 1896, §823; Code 1907, §3744; Code 1923, §7347; Code 1940, T. 7, §902.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 4 - Creditors' Actions. › Division 2 - Discovery of Assets. › Section 6-6-200 - Statement of Assets - Notice to Debtor to File; Contents.

Section 6-6-200
Statement of assets - Notice to debtor to file; contents.
After the return of an execution issued by any court in this state upon a judgment against any person or persons residing in this state, against a firm doing business in this state when a member or members thereof reside in this state or against a corporation doing business in this state with the endorsement upon such execution of "no property found," upon the written request of the judgment creditor filed with the clerk or register, such clerk or register of such court shall issue a notice to the person, firm, or corporation against whom such execution shall have been so returned, requiring such person, persons, member or members of such firm or corporation, through a duly authorized agent, to file in such court within 30 days from the service of such notice a statement in writing, under oath, of all of the assets of such person, firm, or corporation, including money, choses in action, notes, bonds, and accounts and all other property, real, personal or mixed, or any interest therein, with a detailed description of the same, the location and reasonable value of each item thereof, together with a detailed list or statement of any and all liens, mortgages, or encumbrances thereon, showing the amounts due upon each and the owner or holder of such liens, encumbrances, or mortgages.
(Acts 1915, No. 813, p. 927; Code 1923, §7348; Code 1940, T. 7, §903.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 4 - Creditors' Actions. › Division 2 - Discovery of Assets. › Section 6-6-201 - Statement of Assets - Order to Appear Before Court for Oral Examination; Production of Papers, Etc.

Section 6-6-201
Statement of assets - Order to appear before court for oral examination; production of papers, etc.
After the filing in court of such statement and such judgment remaining unsatisfied, upon the filing in said court by the judgment creditor or the attorney of record for such judgment creditor of an affidavit stating that such statement to the best of affiant's knowledge, information, and belief does not contain a full, true, and correct statement and description, of such assets as required in this division, the court shall make an order requiring such judgment debtor or debtors, when the judgment is against a person or firm, or the agent or agents of such debtor corporations to appear before such court on a day to be set by the court, not less than 10 days' notice of which order shall be served upon such judgment debtor, to submit to an oral examination, under oath, touching the nature, location, description, and value of such assets and, to this end, may require the production by such judgment creditor of any and all papers, documents, or books which may contain material evidence of such assets.
(Acts 1915, No. 813, p. 927; Code 1923, §7349; Code 1940, T. 7, §904.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 4 - Creditors' Actions. › Division 2 - Discovery of Assets. › Section 6-6-202 - Statement of Assets - Refusal to File or Submit to Oral Examination.

Section 6-6-202
Statement of assets - Refusal to file or submit to oral examination.
The willful refusal to file such statement as provided for in this division or to appear and submit to such oral examination shall constitute a contempt of court, and the person so adjudged by the court to be guilty of such contempt may be punished within the discretion of the court as now provided by law in cases of contempt of court.
(Acts 1915, No. 813, p. 927; Code 1923, §7350; Code 1940, T. 7, §905.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 4 - Creditors' Actions. › Division 2 - Discovery of Assets. › Section 6-6-203 - Taxation of Costs.

Section 6-6-203
Taxation of costs.
The costs of the proceeding provided for in this division shall be taxed as other costs in the case, but the court may, within its discretion, tax the same against either party or apportion the same among such parties.
(Acts 1915, No. 813, p. 927; Code 1923, §7351; Code 1940, T. 7, §906.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 4 - Creditors' Actions. › Division 2 - Discovery of Assets. › Section 6-6-204 - Remedy Deemed Cumulative.

Section 6-6-204
Remedy deemed cumulative.
The remedy provided in this division shall be held and construed to be in addition to any existing remedy or process now or hereafter provided by law in such cases for the discovery of assets or the enforcement of collection of judgment.
(Acts 1915, No. 813, p. 927; Code 1923, §7352; Code 1940, T. 7, §907.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 5 - Declaratory Judgments. › Section 6-6-220 - "Person" Defined.

Section 6-6-220
"Person" defined.
The word "person," wherever used in this article, shall be construed to mean any person, partnership, joint stock company, unincorporated association, or society, or municipal or other corporation of any character whatsoever.
(Acts 1935, No. 355, p. 777; Code 1940, T. 7, §168.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 5 - Declaratory Judgments. › Section 6-6-221 - Purpose, Construction, and Administration of Article.

Section 6-6-221
Purpose, construction, and administration of article.
This article is declared to be remedial; its purpose is to settle and to afford relief from uncertainty and insecurity with respects to rights, status, and other legal relations and is to be liberally construed and administered. This article shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it and to harmonize, as far as possible, with federal laws and regulations on the subject of declaratory judgments.
(Acts 1935, No. 355, p. 777; Code 1940, T. 7, §167; Acts 1947, No. 604, p. 444.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 5 - Declaratory Judgments. › Section 6-6-222 - Power of Courts of Record; Form and Effect of Declarations.

Section 6-6-222
Power of courts of record; form and effect of declarations.
Courts of record, within their respective jurisdictions, shall have power to declare rights, status, and other legal relations whether or not further relief is or could be claimed. No action or proceeding shall be open to objection on the ground that a declaratory judgment is requested. The declaration may be either affirmative or negative in form and effect, and such declarations shall have the force and effect of a final judgment.
(Acts 1935, No. 355, p. 777; Code 1940, T. 7, §156.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 5 - Declaratory Judgments. › Section 6-6-223 - Construction or Validity of Instruments, Statutes, Ordinances, Contracts, or Franchises.

Section 6-6-223
Construction or validity of instruments, statutes, ordinances, contracts, or franchises.
Any person interested under a deed, will, written contract, or other writings constituting a contract or whose rights, status, or other legal relations are affected by a statute, municipal ordinance, contract, or franchise may have determined any question of construction or validity arising under the instrument, statute, ordinance, contract, or franchise and obtain a declaration of rights, status, or other legal relations thereunder.
(Acts 1935, No. 355, p. 777; Code 1940, T. 7, §157.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 5 - Declaratory Judgments. › Section 6-6-224 - Construction of Contracts Before or After Breach.

Section 6-6-224
Construction of contracts before or after breach.
A contract may be construed either before or after there has been a breach thereof.
(Acts 1935, No. 355, p. 777; Code 1940, T. 7, §158.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 5 - Declaratory Judgments. › Section 6-6-225 - Questions on Administration of Trust or Estate of a Decedent, Etc.

Section 6-6-225
Questions on administration of trust or estate of a decedent, etc.
Any person interested as or through an executor, administrator, trustee, guardian, or other fiduciary, creditor, devisee, legatee, heir, next of kin, or cestui que trust, in the administration of a trust, or of the estate of a decedent, infant, incompetent, or insolvent may have a declaration of rights or legal relations in respect thereto:
(1) To ascertain any class of creditors, devisees, legatees, heirs, next of kin, or other;
(2) To direct the executors, administrators, or trustees to do or abstain from doing any particular act in their fiduciary capacity; or
(3) To determine any question arising in the administration of the estate or trust, including questions of construction of wills and other writings.
(Acts 1935, No. 355, p. 777; Code 1940, T. 7, §159.)