Chapter 1 - Judgments
- Article 1 General Provisions.
- Section 6-9-1 Executions on judgments; forms thereof
The party in whose favor a judgment is entered, whether for debt, damages or costs, for the satisfaction thereof, may, within 10 years thereafter, ...
- Section 6-9-2 Right of surety paying judgment or execution
The surety paying off such judgment or execution shall have control thereof and the same right to enforce it as the plaintiff would have ...
- Article 2 Issuance of Executions.
- Section 6-9-20 Who may issue
The judge of any court may frame, or cause to be issued by the clerk or register, any writ of execution or process necessary ...
- Section 6-9-21 When execution to issue - Generally
Within 90 days from the entry of a judgment, the clerk or register must issue execution thereon in favor of the successful party unless ...
- Section 6-9-22 When execution to issue - Prior to time prescribed
Upon the entry of judgment, execution may be issued by leave of the court before the time prescribed in the Alabama Rules of Civil ...
- Section 6-9-23 When execution to issue - Fraudulent disposal or removal of property by defendant
After the entry of judgment and before the expiration of the time limited by the Alabama Rules of Civil Procedure, on affidavit being made ...
- Section 6-9-24 Alias writs
(a) More than one writ of execution may be issued at the plaintiff's cost, though the first be not returned; and when a writ ...
- Section 6-9-25 Execution by coroner or special coroner
When the office of sheriff is vacant and until his successor qualifies, when the sheriff is imprisoned, in cases to which he is a ...
- Section 6-9-26 Certification of total court costs and fees to accompany execution
At the foot, or on some part, of the execution, the clerk or register of such court shall certify the total amount of court ...
- Section 6-9-27 Execution against plaintiff for costs
When execution against the defendant is returned "no property found," execution may issue against the plaintiff, in the name of the clerk or the ...
- Article 3 Property Subject to Execution.
- Section 6-9-40 Real and personal property; equity of redemption therein
Executions may be levied: (1) On real property to which the defendant has a legal title or a perfect equity, having paid the purchase ...
- Section 6-9-41 Growing or ungathered crops
No execution or other legal process must be levied upon a growing or ungathered crop of any description except for the purpose of enforcing ...
- Article 4 Lien of Execution.
- Section 6-9-60 When writ of execution becomes lien
A writ of execution is a lien only within the county in which it is received by the officer authorized to execute it on ...
- Section 6-9-61 Destruction of lien upon execution of bond for appeal, etc
The execution of a bond for an appeal by which the judgment is suspended or the execution of a bond by the defendant upon ...
- Section 6-9-62 Levy of execution after defendant's death
A writ of execution issued and received by the sheriff during the life of the defendant may be levied after his death or an ...
- Section 6-9-63 Execution where defendant dead
After six months from the date of the grant of letters testamentary or of administration on the estate of any defendant, in a judgment ...
- Article 5 Levy, Sale and Return.
- Division 1 General Provisions.
- Section 6-9-80 Time for execution and return
The sheriff or other officer receiving an execution must execute the writ with diligence and, if practicable, perform the mandate thereof and make return ...
- Section 6-9-81 Indemnity bond
(a) When a reasonable doubt exists whether the personal property levied on belongs to the defendant or whether personal property alleged to be his ...
- Section 6-9-82 Notice where levy on real estate
When the levy is on real estate, personal notice thereof must be given to the defendant or a notice thereof in writing left at ...
- Section 6-9-83 Levy on property of principal first if execution against sureties
When execution issues against two or more persons, any of whom were sureties on the contract before the judgment, the sheriff must levy on ...
- Section 6-9-84 Charging of subjected property sold by debtor
When property is subject to a lien and part of it is sold by the debtor, the part remaining in him should be first ...
- Section 6-9-85 Levy and sale on undivided interest in property
When a defendant in execution shall own, or be entitled to, an undivided interest in any property not exclusively in his own possession, such ...
- Section 6-9-86 Sale of levied property - Time and place; continuances
Lands, when levied on under execution from any court of record, must be sold on any Monday in the month at the courthouse of ...
- Section 6-9-87 Sale of levied property - Notice
In sales of personal property, notice must be given by advertisement at the courthouse door and also by publication in a newspaper, if one ...
- Section 6-9-88 Sale of levied property - Perishable goods and chattels - Generally
When goods and chattels are levied on which in their nature are perishable and in danger of immediate waste or decay, the officer levying ...
- Section 6-9-89 Sale of levied property - Perishable goods and chattels - Strawberries
When strawberries are levied on or seized under any writ of detinue, writ of attachment, or writ of execution, the sheriff or constable making ...
- Section 6-9-90 Sale of levied property - Rights of debtor - Designation of property to be sold first
When a defendant in execution shall point out any of his property on which to levy the execution, the sheriff or other officer shall ...
- Section 6-9-91 Sale of levied property - Rights of debtor - Substitution of other property
The debtor has the right, on the day of the sale, to substitute other property of equal value, not covered by any lien, in ...
- Section 6-9-92 Sale of levied property - Notice to plaintiff of money made
When the money, or any part thereof, has been made on an execution, the officer must give the plaintiff, his agent or attorney personal ...
- Section 6-9-93 Sale of levied property - Payment to debtor
When, at an execution sale, the amount of the sale exceeds the judgment, interest and costs, the excess must be paid to the debtor ...
- Section 6-9-94 Death of party after execution issued
The death of any plaintiff or defendant after the issuance or the levy of an execution on personal or real estate shall not affect ...
- Section 6-9-95 Levying officer to provide sustenance for unsold livestock
When livestock is levied on and remains in the hands of the officer for sale, he or she must provide sustenance therefor, and it ...
- Section 6-9-96 Return - Unexecuted writ
If the writ is not executed or only executed in part, the reason why it is not executed or only executed in part must ...
- Section 6-9-97 Return - Sheriff of another county
The return of an execution or other process by a sheriff of a county other than that from which the process issued may be ...
- Section 6-9-98 Endorsements on execution writs - Time and order of receipt
The sheriff or other officer receiving an execution must endorse thereon the day, month and year of its receipt, and when more than one ...
- Section 6-9-99 Endorsements on execution writs - Description of property levied and date thereof
When a levy is made on real or personal property, a full description thereof, with the date of the levy, must be endorsed upon ...
- Section 6-9-100 Endorsements on execution writs 12-1-14.2 12-10A-1.1 Description of land sold and price
When land is sold under execution, a description of the land and the price obtained for it must be endorsed upon, or appended to, ...
- Section 6-9-101 Endorsements on execution writs - Amount of money collected; receipt for defendant
When money is collected on an execution, the officer collecting it must endorse thereon, or append thereto, the amount collected, specifying the judgment, interest ...
- Division 2 Venditioni Exponas.
- Section 6-9-120 Return showing goods levied on unsold; issuance of writ; form of writ
When goods levied on remain in the hands of the officer unsold, it is his duty to make return of the fact; and, thereupon, ...
- Section 6-9-121 Death of levying officer prior to sale; proceedings if property not delivered by representatives of deceased officer
(a) When the officer taking property under execution shall die before the sale thereof, a writ of venditioni exponas shall issue directed to the ...
- Division 3 Conveyance.
- Section 6-9-140 Conveyance of title by sale under judicial process
A sale regularly made by virtue of judicial process issuing from a court of competent jurisdiction shall convey the title as effectually as if ...
- Section 6-9-141 Written note or memorandum unnecessary
No note or memorandum in writing shall be necessary to charge any person at a judicial, execution or attachment sale other than the return ...
- Section 6-9-142 Caveat emptor; when officer personally bound
The purchaser must look for himself as to the title and soundness of all property sold under judicial process. Actual fraud or misrepresentation by ...
- Section 6-9-143 Liability of purchaser for not complying with terms of sale; form of action against purchaser
(a) Any person who may become the purchaser of any real or personal estate at any sale which may be made at public outcry ...
- Section 6-9-144 Purchaser owner of stock, etc., sold
The purchaser of any stock, share, interest, or judgment of the defendant, sold under execution or attachment, shall become the owner thereof in the ...
- Section 6-9-145 Enforcement of covenants running with land
The purchaser at judicial sale may enforce any covenants of warranty running with the land which may be incorporated in the previous title deeds. ...
- Section 6-9-146 Void or irregular mortgage foreclosure
A purchaser at a void or irregular judicial sale under foreclosure of a mortgage succeeds to all of the interests of the mortgagee. ...
- Section 6-9-147 Setting aside of sales by courts
Courts have full power over their officers making execution or judicial sales, and whenever satisfied that a sale made under any legal process is ...
- Section 6-9-148 When debtor bound by void sale
Where property is sold under void process and the proceeds are applied to valid liens against the defendant, or he receives the benefit thereof, ...
- Section 6-9-149 Execution and delivery of deed to real estate sold by sheriff
When real estate or any interest therein has been sold by any sheriff, he shall, upon compliance by the purchaser with the terms of ...
- Section 6-9-150 Conveyance by sheriff of lands sold by predecessor
When any sheriff authorized by law to sell real estate makes such sale and dies or vacates his office before making a conveyance to ...
- Article 6 Forthcoming Bonds.
- Section 6-9-160 Restoration of property levied on to debtor upon executing bond; execution on forfeiture of bond; exception
(a) When personal property is levied on by the sheriff, if the defendant executes bond with sufficient surety in double the amount of the ...
- Section 6-9-161 Tendering value of restored property by bond obligors where same dead or destroyed
When property is restored to the defendant on the execution of a forthcoming bond and the same dies or is destroyed before the day ...
- Article 7 Satisying or Setting Aside of Judgments.
- Section 6-9-180 Jury trial on issues of fact
If the motion or application is to enter satisfaction of a judgment under the Alabama Rules of Civil Procedure or to set aside the ...
- Article 8 Revival of Judgments.
- Section 6-9-190 Revival barred after 20 years
A judgment cannot be revived after the lapse of 20 years from its entry. ...
- Section 6-9-191 Judgment presumed satisfied 10 years after entry or execution
If 10 years have elapsed from the entry of the judgment without issue of execution or if 10 years have elapsed since the date ...
- Section 6-9-192 Revival of judgment of district or circuit court when execution did not issue
No execution shall issue on a judgment of the district or circuit court on which an execution has not been sued out within 10 ...
- Section 6-9-193 Issuance of execution in favor of personal representative or successor without revival
When a plaintiff dies after the entry of a judgment in his favor and such judgment is unsatisfied, execution may issue thereon in favor ...
- Section 6-9-194 Revival in favor of personal representative
When the plaintiff in any judgment dies, the same may be revived in favor of the personal representative of the plaintiff. ...
- Section 6-9-195 Execution in favor of surviving plaintiffs
The death of one or more of several plaintiffs in a judgment shall not prevent the issuance of execution in favor of the survivors. ...
- Section 6-9-196 Transfer of judgment; right of assignee thereof to have execution; action or reviver thereon
(a) When the transfer is made by any agent or attorney, the authority of the agent or the power of attorney shall be in ...
- Article 9 Registration of Judgments.
- Section 6-9-210 Certificate of clerk or register to be filed with probate judge; registration and indexing by probate judge
The owner of any judgment entered in any court of this state or of the United States held in this state may file in ...
- Section 6-9-211 Judgment constitutes lien on property of defendant
Every judgment, a certificate of which has been filed as provided in Section 6-9-210, shall be a lien in the county where filed on ...
- Section 6-9-212 Failure of probate judge to register or index
Any judge of probate who shall fail to make the registration or index required by Section 6-9-210 shall be liable to a penalty of ...
- Article 10 Uniform Enforcement of Foreign Judgments Act.
- Section 6-9-230 Short title
This article may be cited as the "Uniform Enforcement of Foreign Judgments Act." ...
- Section 6-9-231 "Foreign judgment" defined
As used in this article, the term "foreign judgment" shall mean any judgment, decree, or order of a court of the United States or ...
- Section 6-9-232 (Effective until January 1, 1998.) Filing judgment with clerk of circuit court; effect of judgment
A copy of any foreign judgment authenticated in accordance with an act of Congress or the statutes of this state may be filed in ...
- Section 6-9-232 Filing judgment with clerk of circuit court; effect of judgment
A copy of any foreign judgment authenticated in accordance with an act of Congress or the statutes of this state may be filed in ...
- Section 6-9-233 Filing requirements; notice of filing; when execution may issue
(a) At the time of filing, the judgment creditor, or his lawyer, shall make and file with the clerk of the circuit court an ...
- Section 6-9-234 Stay of enforcement of foreign judgment
(a) If the judgment debtor shows the circuit court that an appeal from the foreign judgment is pending or will be taken, or that ...
- Section 6-9-235 Fees
Any person filing a foreign judgment shall pay to the clerk of the circuit court an amount equal to that imposed for the filing ...
- Section 6-9-236 Right of action to enforce judgment unimpaired
The right of a judgment creditor to bring an action to enforce his judgment instead of proceeding under this article remains unimpaired. ...
- Section 6-9-237 Recording of judgment in probate office
A copy of a foreign judgment authenticated in the manner described in Section 6-9-232 and filed in the circuit court may be recorded in ...
- Section 6-9-238 Construction of article
This article shall be so interpreted and construed as to effectuate its general purpose to make uniform the laws of those states which enact ...
