Code of Alabama
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 the property sued for belongs to the plaintiff and executes a bond in such sum and with such surety as may be approved by the clerk, with condition that if the plaintiff fails in the action, he will pay the defendant all such costs and damages as he may sustain by the wrongful complaint, it is the duty of the clerk to endorse on the summons that the sheriff is required to take the property mentioned in the complaint into his possession unless the defendant gives bond payable to the plaintiff, with sufficient surety, in double the value of the property, with condition that if the defendant fails in the action he will, within 30 days thereafter, deliver the property to the plaintiff and pay all costs and damages which may accrue from the detention thereof.
(b) If the defendant neglects for five days to give such bond, the property sued for must be delivered to the plaintiff on his giving bond, with sufficient surety, in double the value of the property, payable to the defendant, with condition to deliver the property to the defendant within 30 days after judgment in case he fails in the action and to pay all damages for the detention of the property and costs of the action. If the plaintiff fails to give such bond for five days after the expiration of the time allowed the defendant, the property must be returned to the defendant.

Structure Code of Alabama

Code of Alabama

Title 6 - Civil Practice.

Chapter 6 - Remedies.

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.

Section 6-6-251 - Service of Process in Action for Recovery of Household Furniture and Equipment; Effect Thereof.

Section 6-6-252 - Intervention by Claimant of Property; Disposition of Property.

Section 6-6-253 - Interpleader by Defendant of Adverse Claimant of Property; Force and Effect of Bonds Given.

Section 6-6-254 - Return of Bonds; Liability of Sheriff for Failing to Do So; Compelling Making of Return.

Section 6-6-255 - Proceedings When Officer Fails to Find and Take Property.

Section 6-6-256 - Assessment of Value and Damages and Judgment - Trial of Action.

Section 6-6-257 - Assessment of Value and Damages and Judgment - Dismissal of Action.

Section 6-6-258 - Assessment of Value and Damages and Judgment - Failure of Defendant to Appear and Plead.

Section 6-6-259 - Actions by Mortgagees or Vendor in Conditional Sale Contract, etc., Against Mortgagors or Vendees, Etc.

Section 6-6-260 - Recovery of Attorney's Fee by Person Claiming to Be Owner of Lost or Stolen Property.

Section 6-6-261 - Execution Upon Judgment.

Section 6-6-262 - Execution, Garnishment, or Other Process on Bond.

Section 6-6-263 - Compelling Restoration of Property by Execution or Attachment; Form of Writ.

Section 6-6-264 - Issuance of Writs Until Judgment Satisfied.