Alabama Codes

Title 6 - Civil Practice

Chapter 1 - Remedies

Article 1 Settlement of Controversies.

Division 1 Arbitration and Award.

Section 6-6-1 Duty of courts to encourage settlement of pending controversies
It is the duty of all courts to encourage the settlement of controversies pending before them by a reference thereof to arbitrators chosen by ...
Section 6-6-2 Reference of controversy when no action pending to arbitrators
When no action is pending, the parties to any controversy may refer the determination thereof to the decision of arbitrators to be chosen by ...
Section 6-6-3 Statement of dispute; naming of arbitrators; delivery of submission with list of witnesses
The parties must concisely state in writing, signed by them, the matter in dispute between them and that they desire to leave the determination ...
Section 6-6-4 Arbitrators - Duties generally
It is the duty of the arbitrators to appoint a time and place for hearing the parties and making their award, of which they ...
Section 6-6-5 Arbitrators - Substitution; award by majority
(a) If any of the arbitrators fail to attend at the time and place designated and the parties appear, they may substitute others in ...
Section 6-6-6 Arbitrators - Oath
Before making their award, the arbitrators must be sworn impartially to determine the matters submitted to them, according to the evidence and the manifest ...
Section 6-6-7 Arbitrators - Power to subpoena witnesses, administer oaths and take depositions
The arbitrators, or either of them, have power to subpoena witnesses at the request of either of the parties and to administer all oaths ...
Section 6-6-8 Subpoena of witnesses - Execution
Subpoenas for witnesses may be executed by the sheriff, by any constable of the county, or by the parties themselves. ...
Section 6-6-9 Subpoena of witnesses - Liability on default
Any witness duly summoned who fails to attend without sufficient excuse may be fined $10 for the use of the county, for the collection ...
Section 6-6-10 Fees and charges - Arbitrators, witnesses, sheriffs and constables; how paid
The arbitrators are, if demanded by them, entitled each to $2 per day while actually engaged in the arbitration, the witnesses to $1 per ...
Section 6-6-11 Fees and charges - Refusal to testify or deliver award until paid; recovery by party not liable therefor
Any witness may refuse to testify until his fees are paid by the party summoning him, and the arbitrators may refuse to deliver copies ...
Section 6-6-12 Award - Proceedings when not performed; force and effect
If the award is not performed in 10 days after notice and delivery of a copy thereof, the successful party may, if an action ...
Section 6-6-13 Award - Enforcement
If the award is for the delivery of property or to do or omit to do any particular act, on notice and motion to ...
Section 6-6-14 Award - Conclusive between parties and final; exceptions
An award made substantially in compliance with the provisions of this division is conclusive between the parties thereto and their privies as to the ...
Section 6-6-15 Award - Appeals
Either party may appeal from an award under this division. Notice of the appeal to the appropriate appellate court shall be filed within 10 ...
Section 6-6-16 Common-law arbitration not precluded
Nothing contained in this division shall prevent any person or persons from settling any matters of controversy by a reference to arbitration at common ...

Division 2 Mandatory Mediation Prior To Trial.

Section 6-6-20 Definition; instances requiring mediation; sanctions; exceptions; etc
(a) For purposes of this section, "mediation" means a process in which a neutral third party assists the parties to a civil action in ...

Article 2 Attachment.

Division 1 General Provisions.

Section 6-6-30 Applicability of article to private corporations
The provisions of this article are applicable to all private corporations, and all affidavits or answers required to be made under any of its ...

Division 2 Issuance.

Section 6-6-40 Form
The form of attachment must be in substance as follows, but no objection shall be taken for any defect in form if the essential ...
Section 6-6-41 Matters for which issued
Attachments may issue: (1) To enforce the collection of a debt, whether it be due or not, at the time the attachment is taken ...
Section 6-6-42 Cases in which issued
In the following cases attachments may issue: (1) When the defendant resides out of the state; (2) When the defendant absconds; (3) When the ...
Section 6-6-43 By whom issued
In the first and second cases mentioned in Section 6-6-41, an attachment may be issued by any judge of the circuit court, returnable to ...
Section 6-6-44 Oath of plaintiff
The officer, before issuing the attachment in the first two cases mentioned in Section 6-6-41, must require the plaintiff, his agent or attorney to ...
Section 6-6-45 Execution of bond by plaintiff; discharge of levy
Such officer must, when the attachment is sued out otherwise than upon the ground that the defendant is a nonresident, further require the plaintiff, ...
Section 6-6-46 When additional affidavit of special facts and circumstances to determine amount of levy required; reduction of sum
When an attachment is applied for in the cases provided for in the third and fourth subdivisions of Section 6-6-41, the judge, before issuing ...
Section 6-6-47 By executors and administrators
Executors and administrators may commence an action by attachment in their representative characters. ...
Section 6-6-48 By one nonresident against another nonresident
A nonresident of this state may sue out an attachment against a nonresident for an existing debt or ascertained liability; but the plaintiff, his ...
Section 6-6-49 By foreign or domestic corporations
Corporations, either foreign or domestic, are entitled to process of attachment for the recovery of debts or ascertained demands due them, the president, cashier ...
Section 6-6-50 Security for costs by nonresident or foreign corporation
When an attachment is sued out in favor of a nonresident or a foreign corporation, security for the costs of the action may be ...
Section 6-6-51 Against foreign corporations
Process of attachment may issue against foreign corporations having property in this state for the recovery of debts or to recover damages for a ...
Section 6-6-52 When issued and executed on Sunday
Attachments may issue and be executed on Sunday if the plaintiff, his agent or attorney, in addition to the oath prescribed for the issue ...
Section 6-6-53 Return of bond and affidavit
The bond and affidavit must be returned by the officer issuing the attachment to the court to which the attachment is returnable. ...

Division 3 Execution.

Section 6-6-70 On what property and persons; endorsement on writ; taking of property into possession
Attachments may be levied on real estate, whether a fee simple or any less legal estate, or on personal property of the defendant or ...
Section 6-6-71 Proceedings with garnishees
When attachment is executed by summoning a person indebted to the defendant, such person is called the garnishee, and the summons must be to ...
Section 6-6-72 Levy on joint or separate property
An attachment may be levied on the joint or separate estate of joint obligors, promisors or partners, whether resident or nonresident. ...
Section 6-6-73 Levy in any county; holding of attached property
The attachment may be executed in any county of the state by the sheriff of the county in which the property or garnishee may ...
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 ...
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 ...
Section 6-6-76 Creation of lien
The levy of an attachment or service of a garnishment creates a lien in favor of the plaintiff. ...
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 ...
Section 6-6-78 Order for receipt of sale proceeds by plaintiff pending action upon executing refunding bond; notice of and hearing on motion therefor; forfeiture of bond; payment to defendant
(a) When property levied on under an attachment has been sold pending the action, on motion of the plaintiff, the judge of the court ...
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 ...
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 ...
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 ...
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 ...

Division 4 Replevy of Property.

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, ...
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, ...
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 ...

Division 5 Ancillary Attachments.

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, ...
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, ...

Division 6 Trial Proceedings.

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 ...
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, ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...

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
When an execution, attachment or other like writ, issued from any court or by any officer, is levied on personal property as to which ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...

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
(a) A complaint for discovery may be filed and the defendant compelled to answer such complaint when the defendant is charged with having confessed ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...

Division 2 Discovery of Assets.

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 ...
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 ...
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 ...
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 ...
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 ...

Article 5 Declaratory Judgments.

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 ...
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, ...
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 ...
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 ...
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. ...
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 ...
Section 6-6-226 Enumeration in Sections 6-6-223, 6-6-224, and 6-6-225 not exclusive
The enumeration in Sections 6-6-223, 6-6-224, and 6-6-225 does not limit or restrict the exercise of the general powers conferred in Section 6-6-222 in ...
Section 6-6-227 Persons to be made parties; rights of persons not parties
All persons shall be made parties who have, or claim, any interest which would be affected by the declaration, and no declaration shall prejudice ...
Section 6-6-228 Determination of issue of fact
When a proceeding under this article involves the determination of an issue of fact, such issue may be tried and determined in the same ...
Section 6-6-229 When refusal proper
The court may refuse to enter a declaratory judgment where such judgment, if entered, would not terminate the uncertainty or controversy giving rise to ...
Section 6-6-230 Granting of further relief; application therefor; order to show cause
Further relief based on a declaratory judgment may be granted whenever necessary or proper. The application therefor shall be by petition to a court ...
Section 6-6-231 Awarding of costs
In any proceeding under this article, the court may make such award of costs as may seem equitable and just. ...
Section 6-6-232 Review of orders and judgments
All orders and judgments under this article may be reviewed as other orders and judgments. ...

Article 6 Detinue.

Section 6-6-250 Duty of clerk to require taking of property by sheriff unless defendant gives bond; disposition of property on failure to give bond
(a) When an action is commenced for the recovery of personal chattels in specie, if the plaintiff, his agent, or attorney makes affidavit that ...
Section 6-6-251 Service of process in action for recovery of household furniture and equipment; effect thereof
When a detinue action is commenced under the provisions of this article for the recovery of household furniture and equipment and the plaintiff, his ...
Section 6-6-252 Intervention by claimant of property; disposition of property
When an action is commenced for the recovery of personal property in specie under the provisions of subsection (a) of Section 6-6-250, any person ...
Section 6-6-253 Interpleader by defendant of adverse claimant of property; force and effect of bonds given
(a) If the defendant in a detinue action interpleads a claimant of the property and the defendant is discharged as provided in the Alabama ...
Section 6-6-254 Return of bonds; liability of sheriff for failing to do so; compelling making of return
All bonds taken under this article must be returned within 10 days thereafter to the clerk of the court in which the action is ...
Section 6-6-255 Proceedings when officer fails to find and take property
If the officer fails to find and take the goods and chattels, he may summon the defendant to appear as in other cases, and ...
Section 6-6-256 Assessment of value and damages and judgment - Trial of action
Upon the trial the jury must, if it finds for the plaintiff, assess the value of each article separately, if practicable, and also assess ...
Section 6-6-257 Assessment of value and damages and judgment - Dismissal of action
When the property sued for is in the possession of the plaintiff and the action is dismissed, the court shall cause a jury to ...
Section 6-6-258 Assessment of value and damages and judgment - Failure of defendant to appear and plead
Upon the defendant's failure to appear and plead in such case, within the time provided by law, the plaintiff may take judgment against the ...
Section 6-6-259 Actions by mortgagees or vendor in conditional sale contract, etc., against mortgagors or vendees, etc
(a) If the action is by a mortgagee or his assignee against a mortgagor, or one holding under him, or by a vendor who ...
Section 6-6-260 Recovery of attorney's fee by person claiming to be owner of lost or stolen property
Any person claiming to be the owner of lost or stolen property found in the possession of another may, if such person continues to ...
Section 6-6-261 Execution upon judgment
If the party in whose favor the judgment is given is in possession of the property in controversy, he shall retain it or, if ...
Section 6-6-262 Execution, garnishment, or other process on bond
If the unsuccessful party, who has given bond and taken the property into possession fails, for 30 days after the judgment, to deliver the ...
Section 6-6-263 Compelling restoration of property by execution or attachment; form of writ
(a) Any party recovering specific property may compel its restoration, when practicable, by a writ of execution or by moving for an attachment. (b) ...
Section 6-6-264 Issuance of writs until judgment satisfied
The issuance of any one or more of the writs of process for the enforcement of judgments in detinue shall not bar or prevent ...

Article 7 Ejectment.

Section 6-6-280 Election to proceed by action of ejectment or action in nature of ejectment; proceedings upon action in nature of ejectment
(a) A plaintiff commencing an action for the recovery of lands or the possession thereof has an election to proceed by an action of ...
Section 6-6-281 Recovery of lands by or in name of state for schools or other educational or governmental institutions
All actions for the recovery of land, or the possession thereof, belonging to the state, and sixteenth section lands, school indemnity lands and all ...
Section 6-6-282 Actions by mortgagee, etc., against mortgagors, etc
If the action is by a mortgagee or his assignee against the mortgagor, or anyone holding under him, the defendant may plead payment of ...
Section 6-6-283 Demanding abstract of title to be relied on for recovery or defense; proceedings upon failure to furnish same
In all actions or proceedings involving the title or right of possession to land, either party may, by notice in writing to the opposing ...
Section 6-6-284 Disclaimer of possession by defendant
Along with any other defenses he may have in an action of ejectment or in an action in the nature of ejectment, the defendant ...
Section 6-6-285 Proceedings upon defendant's suggestion of disputed boundary line
The defendant, within pleading time or within 30 days before the case is called for trial and after notice to the plaintiff or his ...
Section 6-6-286 Proceedings upon defendant's suggestion of adverse possession
(a) When an action is commenced to recover land or the possession thereof, the defendant may, at any time before the trial, suggest upon ...
Section 6-6-287 Joinder of landlord as party defendant; continuation of action against tenant
(a) When the land, the subject matter of the action, is in the possession of a tenant, the landlord may be joined with the ...
Section 6-6-288 Liability - Tenant in possession
A tenant in possession, asserting his right thereto under a lease or license from another, is not liable beyond the rent in arrears at ...
Section 6-6-289 Liability - Person holding possession under color of title
Persons holding possession under color of title, in good faith, are not responsible for damages or rent for more than one year before the ...
Section 6-6-290 Effect of judgment by default
A judgment by default against a defendant is an admission of title in the plaintiff, but to recover costs against the defendant, the plaintiff ...
Section 6-6-291 What verdict for plaintiff to specify
If the verdict is for the plaintiff, it must specify whether it is for the whole or a part only of the premises and, ...
Section 6-6-292 Judgment - Damages only
If the interest or title of the plaintiff expired before the time in which he could be put in possession, he may obtain a ...
Section 6-6-293 Judgment - Rent of premises after judgment and before possession
The plaintiff may have judgment against the defendant for the rent of the premises which accrues after judgment and before the delivery of possession ...
Section 6-6-294 Retention of possession for one year by defendant if crop planted or growing upon filing bond; force and effect of bond
(a) If the defendant has a crop planted or growing on the premises and the court or jury finds for the plaintiff, they must ...
Section 6-6-295 Damages - When assessed in severalty
When there are more defendants than one, the jury may assess the damages arising from the detention of the land and the injury and ...
Section 6-6-296 Damages - Exemplary or punitive
In case of wanton aggression or wanton entry on the part of the defendant, the jury may award exemplary or punitive damages. ...
Section 6-6-297 Issuance of writs before judgment satisfied
The issuance of any one or more of the writs of process for the enforcement of judgments in ejectment shall not bar or prevent ...
Section 6-6-298 Two judgments in defendant's favor bar further action
Two judgments in favor of the defendant in an action of ejectment or in an action in the nature of an action of ejectment ...

Article 8 Forcible Entry and Unlawful Detainer.

Division 1 General Provisions.

Section 6-6-310 Definitions
For the purposes of this article, the following terms shall have the meanings respectively ascribed to them by this section: (1) FORCIBLE ENTRY AND ...
Section 6-6-311 To what estates applicable
Forcible entry and detainer and unlawful detainer extend to, and comprehend, terms for years and all estates, whether freehold or less than freehold. ...
Section 6-6-312 Commencement of action where property held jointly
Where title or possession of the premises is held by several persons jointly, as by tenants in common, coparceners, partners, or other joint occupancy ...
Section 6-6-313 Effect of temporary absence
A temporary absence from the premises does not constitute a loss of the actual possession nor prevent the commencement of forcible entry and detainer ...
Section 6-6-314 Liability of lessee holding over; how such recovered
Any person who, having entered into the possession of lands and tenements under a contract of lease, forcibly or unlawfully retains the possession thereof ...
Section 6-6-315 Uninterrupted occupation for three years bars action
The uninterrupted occupation of the premises in controversy by the defendant for the space of three entire years preceding the filing of the complaint ...
Section 6-6-316 Action of trespass, etc., not precluded
No proceedings had under this article or judgment entered bars or prevents the party injured from prosecuting an action of trespass or other action ...
Section 6-6-317 Notice or demand
Forcible entry being in its nature adverse and unlawful, no demand need be made or notice given except such as is required in the ...
Section 6-6-318 Courts deemed always open
Courts having jurisdiction under this article must be held open at all times for the consideration and determination of questions arising under this article, ...
Section 6-6-319 Forms for judgment, restitution or possession
The following or similar forms may be used when appropriate in forcible entry and unlawful detainer proceedings; but they are not exclusive of other ...

Division 2 Proceedings.

Section 6-6-330 Jurisdiction
The forcible entry upon and detainer, or the unlawful detainer, of lands, tenements and hereditaments is cognizable before the district court of the county ...
Section 6-6-331 Venue
The complaints provided for in this article must be filed with, and be tried by, the district court for the county in which the ...
Section 6-6-332 Process - Form of notice; service and return thereof
(a) Upon complaint being made, the district judge shall issue a notice to the party against whom the complaint is made to the following ...
Section 6-6-333 Process - Neglect or refusal to execute by sheriff or constable
Any sheriff or constable neglecting or refusing to execute any process placed in his hands by a district court judge by virtue of the ...
Section 6-6-334 Failure of witnesses to attend or refusal to testify
(a) Any witness, duly subpoenaed and failing to attend or refusing to testify may be fined by the district court judge not exceeding $100, ...
Section 6-6-335 Proceedings when parties appear or defendant fails to do so
If the parties appear, an issue must be made between them upon the complaint, but if the defendant, having been duly cited, does not ...
Section 6-6-336 Extent of inquiry
The estate or merits of the title cannot be inquired into on the trial of any complaint filed under this article, but all legal ...
Section 6-6-337 Proceedings upon determination for either plaintiff or defendant
(a) If the judge determines in favor of the plaintiff, he must record the decision and enter judgment with costs, upon which he must ...

Division 3 Appeals.

Section 6-6-350 To circuit court from district court
Any party may appeal from a judgment entered against him or her by a district court to the circuit court at any time within ...
Section 6-6-351 Writs of restitution or possession - Suspension upon payment of rent by defendant
(a) Notwithstanding any other provisions of law or of the Alabama Rules of Civil Procedure, in cases of forcible entry or unlawful detainer, an ...
Section 6-6-352 Writs of restitution or possession - Issuance by circuit court
In the event that the plaintiff is placed in possession under a writ of restitution or possession, and on appeal the judgment is reversed ...
Section 6-6-353 Proceedings when determination is against appellant
In cases of forcible entry or unlawful detainer, the judgment, if against the appellant, must be entered in the circuit court against him and ...

Article 9 Garnishments.

Division 1 General Provisions.

Section 6-6-370 "Garnishment" defined
A "garnishment," as employed in this article, is process to reach and subject money or effects of a defendant in attachment, in a judgment ...
Section 6-6-371 Applicability of Section 6-6-143
The provisions of Section 6-6-143 are applicable to garnishments. ...

Division 2 Institution of Proceedings.

Section 6-6-390 When process of garnishment obtainable
The plaintiff in any pending action for the recovery of money or the plaintiff or assignee in any judgment on which execution can issue ...
Section 6-6-391 Affidavit of amount due plaintiff
To obtain such writ of garnishment, the plaintiff, his agent or attorney must make, before an officer authorized to administer oaths, and file, with ...
Section 6-6-392 Bond required when garnishment in aid of pending action; exception as to Superintendent of Banks
When the garnishment is in aid of a pending action, the plaintiff, his agent or attorney must also give bond in double the amount ...
Section 6-6-393 Issuance and service of process
Upon the filing of the affidavit or the affidavit and bond, as the case may be, the officer filing the same must issue process ...
Section 6-6-394 Notice to defendant
When the defendant resides within the state and the garnishment is issued on a judgment or in a pending action in which an appearance ...
Section 6-6-395 Revival of proceedings when garnishee or contestant dies
If the garnishee dies after he has been summoned as garnishee and pending the litigation, the proceedings may be revived against his legal representatives. ...

Division 3 What May Be Garnished.

Section 6-6-410 Debt or demand on which action pending
A debt or demand which is subject to garnishment may be reached and subjected though an action may be pending thereon; and if the ...
Section 6-6-411 Executors and administrators
(a) Executors and administrators may be garnished for debts due by the testator or intestate to the defendant and may have process of garnishment ...
Section 6-6-412 Money in hands of attorney, sheriff, or other officer
Money in hands of an attorney-at-law, sheriff, or other officer may be garnished; and, in the case of officers of the court, the money ...
Section 6-6-413 Money or effects in hands of trustee; exception
(a) Money or effects of the defendant in the hands of a trustee may be garnished and held subject to the validity of the ...
Section 6-6-414 Unpaid subscription of stock
Any creditor of a corporation may, by garnishment, subject the unpaid subscription of any stockholder in such corporation to the payment of its debts, ...

Division 4 Bond by Defendant.

Section 6-6-430 Filing of bond; discharge of money or property from garnishment; proceedings as if bond not executed; judgment; discharge of garnishee
(a) When garnishment has been issued in aid of a pending action or upon a judgment, the defendant may make and file with the ...
Section 6-6-431 Bond in double amount; dissolution of garnishment and discharge of all garnishees; judgment against obligors
(a) The defendant may, instead of the bond mentioned in Section 6-6-430, give bond in double the amount of the plaintiff's demand, payable to ...

Division 5 Answer of Garnishee.

Section 6-6-450 Filing of answer; notice thereof; oral examination
The garnishee must answer under oath according to the terms of the garnishment; and, upon filing, the clerk or register shall give the plaintiff ...
Section 6-6-451 Answers on behalf of corporations
No person shall answer on behalf of any corporation any process of garnishment unless he shall make affidavit that he is the duly authorized ...
Section 6-6-452 Payment of defendant's money into court if garnishee admits possession thereof
If the garnishee admits the possession of money belonging to the defendant, he must pay the same or so much thereof as may be ...
Section 6-6-453 Payment of indebtedness or liability to clerk; effect thereof; ordering of deposit by court
(a) When the garnishee admits indebtedness or liability to the defendant and the defendant has not executed bond for the dissolution of the garnishment, ...
Section 6-6-454 Judgment where answer admits indebtedness to defendant
If the garnishee answers and admits indebtedness to the defendant, judgment thereon must be entered against him, after judgment against the defendant, for the ...
Section 6-6-455 Proceedings when garnishee liable for delivery of personal property
If the garnishee is liable for the delivery of personal property or for the payment of money which may be discharged by the delivery ...
Section 6-6-456 Judgment and proceedings if possession of effects subject to levy and sale admitted
If the garnishee admits the possession of effects of the defendant, the subject of levy and sale under legal process, judgment of condemnation must ...
Section 6-6-457 Proceedings on failure to appear and answer
If the garnishee fails to appear and answer, a conditional judgment must be entered against him for the amount of the plaintiff's claim, as ...
Section 6-6-458 Controverting of answer by plaintiff, etc
The plaintiff, his agent, or attorney may controvert the answer of the garnishee by making oath within 30 days after notice of the filing ...
Section 6-6-459 Contest of answer by defendant
The defendant, upon the coming in of the answer, may, within 30 days after notice of the filing of the answer, allege that the ...
Section 6-6-460 Judgment when issue found against garnishee
If such issue is found against the garnishee, judgment must be entered against him in favor of the plaintiff, if necessary, to satisfy his ...
Section 6-6-461 Effect of judgment for plaintiff as between garnishee and defendant
The judgment condemning the debt, demand, money, or effects to the satisfaction of the plaintiff's demand is conclusive as between the garnishee and the ...
Section 6-6-462 Payment of costs to garnishee upon discharge
When the answer of the garnishee is not controverted or, if controverted, is found for him, he shall be allowed $3 per day during ...
Section 6-6-463 Disposition of claims of other persons suggested by garnishee
(a) When the garnishee, by his answer as originally filed or by any supplemental answer thereafter, alleges, at any time before final judgment against ...
Section 6-6-464 Appeals
An appeal lies to the supreme court or the court of civil appeals, as the case may be, at the instance of the plaintiff, ...

Division 6 Salaries of Public Officials or Employees.

Section 6-6-480 "Salary" defined
The term "salary," as used in this division, is not intended to include or cover costs and charges of court or fees, commissions, percentages, ...
Section 6-6-481 Who may be garnished; how effected
(a) Money due officials or employees of a city, county, or state government, or any department or institution thereof, as salary for services performed ...
Section 6-6-482 Writ to issue only after final judgments on actions ex contractu
The salary referred to in this division is not subject to a writ of garnishment in aid of a pending action, but such writ ...
Section 6-6-483 Answer of state official garnished to show assent to judgment
Where an official of the State of Alabama or other person designated in this division has been garnished, as provided by Section 6-6-482, and ...
Section 6-6-484 Drawing of warrant or check for money due as salary
After such writ has been served as provided in this division, the said agent of the state shall draw no warrant or check for ...

Division 7 Salaries of Parents Under Court Order to Provide Child Support.

Article 10 Injunctions.

Section 6-6-500 Who may grant
Injunctions may be granted, returnable into any of the circuit courts in this state, by the judges of the supreme court, court of civil ...
Section 6-6-501 Dissolution of preliminary injunction
A motion to dissolve will lie to the granting of a preliminary injunction only for matters subsequently occurring. ...
Section 6-6-502 Enjoining or restraining enforcement of ordinance
No temporary restraining order or preliminary injunction shall ever issue to any municipality of this state, its officers, agents, or employees, enjoining or restraining ...
Section 6-6-503 Enjoining unauthorized or unlawful practice of profession, occupation, or calling
(a) The unauthorized or unlawful practice of any profession, occupation or calling by any person, firm, or corporation may be enjoined by any court ...

Article 11 Intemperates and Inebriates.

Section 6-6-520 Complaint to preserve estate of intemperate from waste and for general relief
(a) When any person over 19 years of age or any person under 19 years of age who has been relieved of the disabilities ...
Section 6-6-521 Securing estate against further waste pending action
Pending such action, the judge must, by injunction or otherwise, secure the estate against further waste, but no such order affects the rights of ...
Section 6-6-522 Trustee - Appointment
If the allegations of the complaint are admitted, either expressly or by failure to answer thereto, or it is established by proof that the ...
Section 6-6-523 Trustee - Duties
The trustee appointed under this article must manage and superintend the affairs of the estate and, from the avails thereof, provide for the support ...
Section 6-6-524 Trustee - Control by appointing court
The court making such appointment may direct and control the trustee in the management of the trust estate and has jurisdiction of the settlements, ...
Section 6-6-525 Trustee - Partial and final settlements of account
The trustee must, at least once in three years, make partial settlement of his accounts and may be required to do so at any ...
Section 6-6-526 Trustee - Compensation
Such trustee is entitled, for his services, to such compensation as is allowed guardians. ...
Section 6-6-527 Restoration of estate
On the petition of the person whose estate has been committed to the control of a trustee, on notice to such trustee and on ...

Article 12 Quieting Title and Determination of Claims to Land.

Division 1 Proceedings in Personam.

Section 6-6-540 Right of action to settle title to lands by person in peaceable possession thereof
When any person is in peaceable possession of lands, whether actual or constructive, claiming to own the same, in his own right or as ...
Section 6-6-541 Contents of complaint
The complaint authorized by Section 6-6-540 must describe the lands with certainty, must allege the possession and ownership of the plaintiff and that the ...
Section 6-6-542 Contents of answer
If the defendant shall answer claiming any estate, interest in, or encumbrance upon the lands, he must, in his answer, specify and set forth ...
Section 6-6-543 Trial by jury or determination by court; entry and effect of judgment
Upon the application of either party in a proceeding under Section 6-6-540, a trial by jury shall be directed to determine the issues or ...
Section 6-6-544 Filing of judgment
The register or clerk shall, within 30 days from the entry of a judgment under this division, file the same or a certified transcript ...
Section 6-6-545 Costs
No judgment for costs shall be had under this division against a defendant who suffers a judgment by default against him or who, in ...
Section 6-6-546 Commencement of action by state
The state may commence an action under the provisions of this division to quiet the title to any lands belonging to the state, any ...

Division 2 Proceedings in Rem.

Section 6-6-560 Who may file complaint to establish right or title to lands or interest therein
When any person, natural or artificial, claims, either in his own right or in any representative capacity whatsoever, to own any lands or any ...
Section 6-6-561 Contents of complaint
A complaint under this division must be brought against the land or the interest therein sought to be established. It must describe said land ...
Section 6-6-562 Appointment of guardians ad litem
On the filing of a complaint as authorized under Section 6-6-560, should it appear that any of the defendants are infants or persons of ...
Section 6-6-563 Service of process
If any of the parties set out in Section 6-6-562, whose names are known, reside in the State of Alabama, a copy of the ...
Section 6-6-564 Publication of notice
Notice of the pendency of the complaint provided for in Section 6-6-561 shall be drawn and signed by the register or clerk of the ...
Section 6-6-565 Time to answer; default judgments
All defendants shall have 30 days from the date of service to answer the complaint, and those served by publication shall have 30 days ...
Section 6-6-566 Prima facie and conclusive evidence of title
(a) Against all parties to the complaint who have made no answer thereto within the time allowed for such purpose and against all persons ...
Section 6-6-567 Interest or title to be shown by legal evidence
The allegations of the complaint shall not be taken as confessed for the failure of any person to answer the complaint, and in all ...
Section 6-6-568 Intervention
Any person may, during the pendency of proceedings under this division, and at any time before the entry of the final judgment hereunder, intervene ...
Section 6-6-569 Judgment - Contents
If, upon the hearing of the case set out under Section 6-6-561, the title to the lands or any part of the lands described ...
Section 6-6-570 Judgment - Recordation
The court shall, in the judgment, order that a certified copy thereof be recorded in the office of the judge of probate for the ...
Section 6-6-571 Assessment of costs
The court shall have the power to assess the cost of a hearing held pursuant to the terms of this division, including the fee ...
Section 6-6-572 To whom title or interest inures
When title or interest is established in anyone under the provisions of this division, it shall inure to the benefit of all persons who ...
Section 6-6-573 Remedy and procedure cumulative
The remedy and procedure mentioned in this division shall be cumulative and not exclusive of any other proceedings to quiet title to real property. ...

Article 13 Quo Warranto.

Section 6-6-590 Right of action and venue - Vacating charter or annulling existence of corporation
(a) An action may be commenced under this article, in the name of the state, against the offending corporation, on the information of any ...
Section 6-6-591 Right of action and venue - Usurpation, etc., of office or franchise, etc
(a) An action may be commenced in the name of the state against the party offending in the following cases: (1) When any person ...
Section 6-6-592 Complaint to be clear and concise
The complaint in an action under this article must concisely and clearly set forth the act or omission complained of. ...
Section 6-6-593 Court always open; return of summons; setting of case for trial; trial by court or jury
(a) The court is at all times open for the trial of a case or the granting of orders therein. The summons shall be ...
Section 6-6-594 Joinder - Alleged corporation as party defendant
When the action is against persons acting as a corporation without being duly incorporated, the alleged corporation may be joined as a party defendant, ...
Section 6-6-595 Joinder - Informant
Whenever an action is commenced under the provisions of this article on the information of any person, his name must be joined as plaintiff ...
Section 6-6-596 Effect of informant's death
On the death of the informant pending the action, it may be continued in the name of the surviving informant or of any person ...
Section 6-6-597 Addition of person rightly entitled to office; entry of judgment on such right; delivery of books, papers, and property
(a) When the action is commenced against a person for usurping an office, the name of the person rightly entitled to the office, with ...
Section 6-6-598 Validity of election not triable
The validity of an election which may be contested under this Code cannot be tried under the provisions of this article. ...
Section 6-6-599 Judgment - Dissolving corporation and excluding same from corporate rights, etc
If it is adjudged that a corporation against which an action has been commenced under this article has, by neglect, abuse or surrender, forfeited ...
Section 6-6-600 Judgment - Excluding defendant from office or franchise or prohibiting practice of profession
When a defendant, whether a natural person or a corporation, against whom such action has been commenced, is adjudged guilty of usurping or intruding ...
Section 6-6-601 Costs - Assessment
If an action under this article is maintained by the state alone and judgment is for the defendant or the defendant is insolvent, the ...
Section 6-6-602 Costs - Liability of informant's sureties
(a) On the dismissal of the action, judgment must be entered against the sureties of the informant for the costs. (b) In all cases ...
Section 6-6-603 Appeals - Generally
The state, informant, or defendant may appeal to the Supreme Court in accordance with the Alabama Rules of Appellate Procedure. ...
Section 6-6-604 Appeals - Stay of execution on judgment
If the defendant is adjudged guilty of usurping or intruding into, or unlawfully holding or exercising, any public office, civil or military, or any ...

Article 14 Receivers.

Section 6-6-620 Appointment - Power of circuit court judge, register, or clerk
Receivers may be appointed by the circuit court judge and by the register or clerk in the absence of the judge, upon application in ...
Section 6-6-621 Appointment - Appeal when appointed by register or clerk
When an order appointing a receiver is made by the register or clerk, it shall be subject to appeal to the circuit judge, which ...
Section 6-6-622 Appointment - Posting of bond by applicant; recovery upon bond
(a) When application is made to the circuit judge, register, or clerk for the appointment of a receiver, such circuit judge, register, or clerk ...
Section 6-6-623 Appointment - Partnerships; power of court to make orders relative to partnership business, etc.; modification or vacation of appointment or orders
(a) When any partnership shall be dissolved and the partners cannot agree upon the disposition of the partnership effects and the settlement of the ...
Section 6-6-624 Appointment - Dissolution of attachments and levies of executions against corporations or partnerships
The commencement of proceedings for the appointment of a receiver of a corporation or a partnership shall dissolve all attachments and all levies of ...
Section 6-6-625 Payment of salaries, commissions, and wages before general liabilities of corporation or partnership paid
Every debt due to any person on a salary or commission basis or any laborer or mechanic for personal wages from any corporation or ...
Section 6-6-626 Commencement of actions against receivers or managers of property
A receiver or manager of property, appointed by any court, may have an action commenced against him in respect to any act or transaction ...
Section 6-6-627 Service of process on foreign or domestic receivers
In actions against foreign or domestic receivers holding, owning, claiming or operating property in this state, the summons and complaint may be executed by ...
Section 6-6-628 Removal and filling of vacancies
Receivers may be removed at any time at the pleasure of the court by which they were appointed, and if any receiver is removed, ...

Article 15 Remedial Writs.

Section 6-6-640 Commencement by petition; answer thereto; amendments; relief upon issues presented
(a) All applications for mandamus, prohibition, certiorari, or other remedial writ of a supervisory nature shall be commenced by a petition, verified by affidavit, ...
Section 6-6-641 Appeals
From the final judgment of any circuit court in any such proceeding, an appeal shall lie to the appropriate appellate court as in other ...
Section 6-6-642 Effect of article
The common law, as now in force in this state, touching any of the matters embraced in this article, is not repealed, but left ...

Article 16 Statutory Summary Proceedings Involving Officials.

Division 1 General Provisions.

Section 6-6-660 Notice of motion for judgment
Judgment may be entered summarily against the persons and for defaults stated in this article, upon notice in writing by the party aggrieved that ...
Section 6-6-661 Venue
The summary remedies given in this article must be enforced in the manner following, except in cases otherwise specially provided in this article: (1) ...
Section 6-6-662 Parties
The motion may be made by the party aggrieved or his legal representative against the person in default and the sureties upon his official ...
Section 6-6-663 Hearing and determination
Unless in cases otherwise directed by this article, the court must hear and determine the motion and enter judgment upon the evidence without a ...

Division 2 Sheriffs, Coroners and Other Officers.

Section 6-6-680 Judgment against sheriff, etc., receiving or executing writ
Judgment must be entered for the plaintiff, on three days' notice, against the sheriff, coroner, or other officer receiving or executing the writ in ...
Section 6-6-681 Judgment in favor of defendant
Judgment must, in like manner, be entered in favor of the defendant in execution against the sheriff or coroner, on three days' notice, in ...
Section 6-6-682 Judgment in favor of clerk of appellate court; copy of execution and certification of clerk as evidence
(a) Judgment must, in like manner, be entered in favor of the clerk of an appellate court against the sheriff or coroner, on three ...
Section 6-6-683 Judgment against officer accepting substitute for juror or serving person other than one to be drawn
Any officer who accepts or receives a substitute for any person drawn as a juror or whom he is directed to summon as a ...
Section 6-6-684 Entry of judgment in favor of sheriff or coroner
(a) Judgment must, in like manner, be summarily entered in favor of the sheriff or coroner, on three days' notice of the pendency of ...

Division 3 Clerks and Registers.

Section 6-6-700 Entry of judgment against clerk, register, or their sureties
Judgment must, in like manner, be summarily entered against the clerk of the circuit court and his sureties, or either of them, and against ...

Division 4 Officers and Other Persons Receiving Public Moneys.

Section 6-6-720 Entry of summary judgment in favor of state against certain defaulters or sureties
Summary judgment must be entered in favor of the state against the defaulters named in this section and their sureties, or either, in any ...
Section 6-6-721 Forfeiture of half of compensation by tax collector, tax assessor, or probate judge for failure to discharge duties
Any tax collector, tax assessor, or judge of probate who knowingly and willfully neglects to discharge any of his duties as required in the ...
Section 6-6-722 Judgment against county treasurer, etc., failing to pay allowed claim
If any county treasurer or other custodian of county funds fails, on demand and without good excuse, to pay an allowed claim against the ...
Section 6-6-723 Judgment for failure to pay over moneys collected or received for county
If any tax collector, judge of probate, sheriff, clerk, or other officer or person fails to pay to the county treasurer or other custodian ...

Division 5 Attorneys-at-Law.

Section 6-6-740 Judgment for failure to pay over money collected or deliver personal property recovered in capacity as attorney
(a) Judgment may, in like manner, be summarily entered against any attorney-at-law in this state who fails to pay over money collected by him ...

Article 17 Validation of County, City, etc., Obligations.

Section 6-6-750 Definitions
For the purposes of this article, the following terms shall have the meanings respectively ascribed to them by this section: (1) UNIT. Every county, ...
Section 6-6-751 Right to file petition to determine validity of obligations
When any unit desiring to issue any obligations shall hold an election for that purpose in accordance with the provisions of the Constitution and ...
Section 6-6-752 Contents of petition; order to show cause; service of petition and order on district attorney; publication of public notice
(a) The authority for issuing such obligations, the fact that an election has been held and that such election was in favor of the ...
Section 6-6-753 Hearing and determination; contents of judgment
At the time and place designated in said order, the judge of said circuit court shall proceed to hear and determine all questions of ...
Section 6-6-754 Appeal from judgment of circuit court
Any party to said proceedings, whether petitioner, defendant, or intervenor, dissatisfied with the judgment of the court, may appeal therefrom to the supreme court ...
Section 6-6-755 Conclusiveness of judgment validating and confirming issuance
If the circuit court shall enter a judgment validating and confirming the issuance of the obligations and no appeal shall be taken within the ...
Section 6-6-756 Marking of validated obligations
Obligations validated under the provisions of this article shall have stamped or written thereon by the proper officers of such unit the words: "Validated ...
Section 6-6-757 Costs
The costs in any proceeding under this article shall be paid by the unit issuing such obligations. ...

Resources

Alabama Codes

Title 6 - Civil Practice

Chapter 1 - Remedies