Code of Alabama
Title 6 - Civil Practice.
Chapter 6 - Remedies.

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,...

Section 6-6-4 - Arbitrators - Duties Generally. - It is the duty of the arbitrators to appoint a...

Section 6-6-5 - Arbitrators - Substitution; Award by Majority. - (a) If any of the arbitrators fail to attend at...

Section 6-6-6 - Arbitrators - Oath. - Before making their award, the arbitrators must be sworn impartially...

Section 6-6-7 - Arbitrators - Power to Subpoena Witnesses, Administer Oaths and Take Depositions. - The arbitrators, or either of them, have power to subpoena...

Section 6-6-8 - Subpoena of Witnesses - Execution. - Subpoenas for witnesses may be executed by the sheriff, by...

Section 6-6-9 - Subpoena of Witnesses - Liability on Default. - Any witness duly summoned who fails to attend without sufficient...

Section 6-6-10 - Fees and Charges - Arbitrators, Witnesses, Sheriffs and Constables; How Paid. - The arbitrators are, if demanded by them, entitled each to...

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...

Section 6-6-12 - Award - Proceedings When Not Performed; Force and Effect. - If the award is not performed in 10 days after...

Section 6-6-13 - Award - Enforcement. - If the award is for the delivery of property or...

Section 6-6-14 - Award - Conclusive Between Parties and Final; Exceptions. - An award made substantially in compliance with the provisions of...

Section 6-6-15 - Award - Appeals. - Either party may appeal from an award under this division....

Section 6-6-16 - Common-Law Arbitration Not Precluded. - Nothing contained in this division shall prevent any person or...

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...

Division 3 - Mediator May Not Be Compelled to Testify or Provide Documents.

Section 6-6-25 - Definitions; Legislative Findings; Compelled Testimony, etc., of Mediators. - (a) For the purposes of this section, the following words...

Division 4 - Alabama Uniform Collaborative Law Act.

Section 6-6-26 - Short Title. - This division may be cited as the Alabama Uniform Collaborative...

Section 6-6-26.01 - Definitions. - In this division: (1) "Collaborative law communication" means a statement,...

Section 6-6-26.02 - Applicability. - This division applies to a collaborative law participation agreement that...

Section 6-6-26.03 - Collaborative Law Participation Agreement; Requirements. - (a) A collaborative law participation agreement must: (1) be in...

Section 6-6-26.04 - Beginning and Concluding Collaborative Law Process. - (a) A collaborative law process begins when the parties sign...

Section 6-6-26.05 - Proceedings Pending Before Tribunal; Status Report. - (a) Persons in a proceeding pending before a tribunal may...

Section 6-6-26.06 - Emergency Order. - During a collaborative law process, a tribunal may issue emergency...

Section 6-6-26.07 - Approval of Agreement by Tribunal. - A tribunal may approve an agreement resulting from a collaborative...

Section 6-6-26.08 - Disqualification of Collaborative Lawyer and Lawyers in Associated Law Firm. - (a) Except as otherwise provided in subsection (c), a collaborative...

Section 6-6-26.09 - Low Income Parties. - [Reserved]

Section 6-6-26.10 - Governmental Entity as Party. - [Reserved]

Section 6-6-26.11 - Disclosure of Information. - (a) Except as provided by law other than this division,...

Section 6-6-26.12 - Standards of Professional Responsibility and Mandatory Reporting Not Affected. - This division does not affect: (1) the professional responsibility obligations...

Section 6-6-26.13 - Appropriateness of Collaborative Law Process. - Before a prospective party signs a collaborative law participation agreement,...

Section 6-6-26.14 - Coercive or Violent Relationship. - (a) Before a prospective party signs a collaborative law participation...

Section 6-6-26.15 - Confidentiality of Collaborative Law Communication. - A collaborative law communication is confidential except to the extent...

Section 6-6-26.16 - Privilege Against Disclosure for Collaborative Law Communication; Admissibility; Discovery. - [Reserved]

Section 6-6-26.17 - Waiver and Preclusion of Privilege. - [Reserved]

Section 6-6-26.18 - Limits of Privilege. - [Reserved]

Section 6-6-26.19 - Authority of Tribunal in Case of Noncompliance. - (a) If an agreement fails to meet the requirements of...

Section 6-6-26.20 - Uniformity of Application and Construction. - In applying and construing this uniform act, consideration must be...

Section 6-6-26.21 - Relation to Electronic Signatures in Global and National Commerce Act. - This division modifies, limits, and supersedes the federal Electronic Signatures...

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...

Division 2 - Issuance.

Section 6-6-40 - Form. - The form of attachment must be in substance as follows,...

Section 6-6-41 - Matters for Which Issued. - Attachments may issue: (1) To enforce the collection of a...

Section 6-6-42 - Cases in Which Issued. - In the following cases attachments may issue: (1) When the...

Section 6-6-43 - By Whom Issued. - In the first and second cases mentioned in Section 6-6-41,...

Section 6-6-44 - Oath of Plaintiff. - The officer, before issuing the attachment in the first two...

Section 6-6-45 - Execution of Bond by Plaintiff; Discharge of Levy. - Such officer must, when the attachment is sued out otherwise...

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...

Section 6-6-47 - By Executors and Administrators. - Executors and administrators may commence an action by attachment in...

Section 6-6-48 - By One Nonresident Against Another Nonresident. - A nonresident of this state may sue out an attachment...

Section 6-6-49 - By Foreign or Domestic Corporations. - Corporations, either foreign or domestic, are entitled to process of...

Section 6-6-50 - Security for Costs by Nonresident or Foreign Corporation. - When an attachment is sued out in favor of a...

Section 6-6-51 - Against Foreign Corporations. - Process of attachment may issue against foreign corporations having property...

Section 6-6-52 - When Issued and Executed on Sunday. - Attachments may issue and be executed on Sunday if the...

Section 6-6-53 - Return of Bond and Affidavit. - The bond and affidavit must be returned by the officer...

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...

Section 6-6-71 - Proceedings With Garnishees. - When attachment is executed by summoning a person indebted to...

Section 6-6-72 - Levy on Joint or Separate Property. - An attachment may be levied on the joint or separate...

Section 6-6-73 - Levy in Any County; Holding of Attached Property. - The attachment may be executed in any county of the...

Section 6-6-74 - Branch Writs. - Branch writs of attachment may issue to any county of...

Section 6-6-75 - Alias Writs of Attachment or New Writs of Garnishment. - Alias writs of attachment or new writs of garnishment may...

Section 6-6-76 - Creation of Lien. - The levy of an attachment or service of a garnishment...

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...

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...

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...

Section 6-6-80 - Indemnification of Sheriff by Plaintiff. - When a doubt exists as to the title of the...

Section 6-6-81 - Notice of Levy - Nonresident Defendant. - When an attachment is sued out against a nonresident of...

Section 6-6-82 - Notice of Levy - Resident Defendants. - Notice of the levy of the attachment shall be given...

Division 4 - Replevy of Property.

Section 6-6-100 - By Whom; Execution of Bond. - The defendant in attachment or, in his absence, a stranger,...

Section 6-6-101 - Forfeiture of Bond; Execution on Bond. - When the property replevied is not delivered in 30 days...

Section 6-6-102 - Tender of Value if Property Dead or Destroyed. - If any of the property so replevied should die or...

Division 5 - Ancillary Attachments.

Section 6-6-120 - In Aid of Pending Action. - When an action has been commenced by the filing of...

Section 6-6-121 - When Defendants Evade Service of Process; Dismissal of Attachment. - (a) When a summons has been returned "not found" as...

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...

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...

Section 6-6-142 - Dismissal of Attachment. - An attachment issued without affidavit and bond, as prescribed in...

Section 6-6-143 - Construction of Attachment Law; Amendments; Dismissal. - The attachment law must be liberally construed to advance the...

Section 6-6-144 - Suspending Entry of Judgment - Against Executor or Administrator. - No judgment can be entered against an executor or administrator...

Section 6-6-145 - Suspending Entry of Judgment - Against Defendant While Claims, etc., Settled. - No judgment can be entered against the defendant in attachment...

Section 6-6-146 - Restoration of Property to Claimant at Plaintiff's Cost. - If the plaintiff does not obtain judgment against the defendant...

Section 6-6-147 - Execution Upon Judgment by Plaintiff. - If the judgment of the plaintiff is not satisfied by...

Section 6-6-148 - Action by Defendant - on Attachment Bond for Damages. - At any time within three years of the suing out...

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...

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...

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...

Section 6-6-162 - Assessment of Property Value and Damages for Delay. - If the jury or judge finds the property levied on...

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...

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...

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...

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...

Section 6-6-167 - Levy on Other Property by Plaintiff Not Precluded. - The interposition of a claim for the trial of the...

Section 6-6-168 - Release of Sheriff From Damages for Seizure. - A claim interposed for the trial of the right of...

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...

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...

Section 6-6-182 - Complaint to Compel Discovery, etc., of Property - Creditor Without Lien. - A creditor without a lien may file a complaint to...

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...

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...

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...

Section 6-6-186 - Examination of Debtor as to His Property, Etc. - (a) After answer filed on the application of the plaintiff...

Section 6-6-187 - Subjecting Unpaid Subscriptions to Satisfy Payment of Judgment Against Corporation. - A judgment creditor of a corporation, having an execution returned,...

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...

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...

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...

Section 6-6-203 - Taxation of Costs. - The costs of the proceeding provided for in this division...

Section 6-6-204 - Remedy Deemed Cumulative. - The remedy provided in this division shall be held and...

Article 5 - Declaratory Judgments.

Section 6-6-220 - "Person" Defined. - The word "person," wherever used in this article, shall be...

Section 6-6-221 - Purpose, Construction, and Administration of Article. - This article is declared to be remedial; its purpose is...

Section 6-6-222 - Power of Courts of Record; Form and Effect of Declarations. - Courts of record, within their respective jurisdictions, shall have power...

Section 6-6-223 - Construction or Validity of Instruments, Statutes, Ordinances, Contracts, or Franchises. - Any person interested under a deed, will, written contract, or...

Section 6-6-224 - Construction of Contracts Before or After Breach. - A contract may be construed either before or after there...

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,...

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...

Section 6-6-227 - Persons to Be Made Parties; Rights of Persons Not Parties. - All persons shall be made parties who have, or claim,...

Section 6-6-228 - Determination of Issue of Fact. - When a proceeding under this article involves the determination of...

Section 6-6-229 - When Refusal Proper. - The court may refuse to enter a declaratory judgment where...

Section 6-6-230 - Granting of Further Relief; Application Therefor; Order to Show Cause. - Further relief based on a declaratory judgment may be granted...

Section 6-6-231 - Awarding of Costs. - In any proceeding under this article, the court may make...

Section 6-6-232 - Review of Orders and Judgments. - All orders and judgments under this article may be reviewed...

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...

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...

Section 6-6-252 - Intervention by Claimant of Property; Disposition of Property. - When an action is commenced for the recovery of personal...

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...

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...

Section 6-6-255 - Proceedings When Officer Fails to Find and Take Property. - If the officer fails to find and take the goods...

Section 6-6-256 - Assessment of Value and Damages and Judgment - Trial of Action. - Upon the trial the jury must, if it finds for...

Section 6-6-257 - Assessment of Value and Damages and Judgment - Dismissal of Action. - When the property sued for is in the possession of...

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...

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...

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...

Section 6-6-261 - Execution Upon Judgment. - If the party in whose favor the judgment is given...

Section 6-6-262 - Execution, Garnishment, or Other Process on Bond. - If the unsuccessful party, who has given bond and taken...

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,...

Section 6-6-264 - Issuance of Writs Until Judgment Satisfied. - The issuance of any one or more of the writs...

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...

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...

Section 6-6-282 - Actions by Mortgagee, etc., Against Mortgagors, Etc. - If the action is by a mortgagee or his assignee...

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...

Section 6-6-284 - Disclaimer of Possession by Defendant. - Along with any other defenses he may have in an...

Section 6-6-285 - Proceedings Upon Defendant's Suggestion of Disputed Boundary Line. - The defendant, within pleading time or within 30 days before...

Section 6-6-286 - Proceedings Upon Defendant's Suggestion of Adverse Possession. - (a) When an action is commenced to recover land or...

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,...

Section 6-6-288 - Liability - Tenant in Possession. - A tenant in possession, asserting his right thereto under a...

Section 6-6-289 - Liability - Person Holding Possession Under Color of Title. - Persons holding possession under color of title, in good faith,...

Section 6-6-290 - Effect of Judgment by Default. - A judgment by default against a defendant is an admission...

Section 6-6-291 - What Verdict for Plaintiff to Specify. - If the verdict is for the plaintiff, it must specify...

Section 6-6-292 - Judgment - Damages Only. - If the interest or title of the plaintiff expired before...

Section 6-6-293 - Judgment - Rent of Premises After Judgment and Before Possession. - The plaintiff may have judgment against the defendant for the...

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...

Section 6-6-295 - Damages - When Assessed in Severalty. - When there are more defendants than one, the jury may...

Section 6-6-296 - Damages - Exemplary or Punitive. - In case of wanton aggression or wanton entry on the...

Section 6-6-297 - Issuance of Writs Before Judgment Satisfied. - The issuance of any one or more of the writs...

Section 6-6-298 - Two Judgments in Defendant's Favor Bar Further Action. - Two judgments in favor of the defendant in an action...

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...

Section 6-6-311 - To What Estates Applicable. - Forcible entry and detainer and unlawful detainer extend to, and...

Section 6-6-312 - Commencement of Action Where Property Held Jointly. - Where title or possession of the premises is held by...

Section 6-6-313 - Effect of Temporary Absence. - A temporary absence from the premises does not constitute a...

Section 6-6-314 - Liability of Lessee Holding Over; How Such Recovered. - Any person who, having entered into the possession of lands...

Section 6-6-315 - Uninterrupted Occupation for Three Years Bars Action. - The uninterrupted occupation of the premises in controversy by the...

Section 6-6-316 - Action of Trespass, etc., Not Precluded. - No proceedings had under this article or judgment entered bars...

Section 6-6-317 - Notice or Demand. - Forcible entry being in its nature adverse and unlawful, no...

Section 6-6-318 - Courts Deemed Always Open. - Courts having jurisdiction under this article must be held open...

Section 6-6-319 - Forms for Judgment, Restitution or Possession. - The following or similar forms may be used when appropriate...

Division 2 - Proceedings.

Section 6-6-330 - Jurisdiction. - The forcible entry upon and detainer, or the unlawful detainer,...

Section 6-6-331 - Venue. - The complaints provided for in this article must be filed...

Section 6-6-332 - Process - Form of Notice; Service and Return Thereof. - (a) Upon complaint being made, the district judge shall issue...

Section 6-6-333 - Process - Neglect or Refusal to Execute by Sheriff or Constable. - Any sheriff or constable neglecting or refusing to execute any...

Section 6-6-334 - Failure of Witnesses to Attend or Refusal to Testify. - (a) Any witness, duly subpoenaed and failing to attend or...

Section 6-6-335 - Proceedings When Parties Appear or Defendant Fails to Do So. - If the parties appear, an issue must be made between...

Section 6-6-336 - Extent of Inquiry. - The estate or merits of the title cannot be inquired...

Section 6-6-337 - Proceedings Upon Determination for Either Plaintiff or Defendant. - (a) If the judge determines in favor of the plaintiff,...

Division 3 - Appeals.

Section 6-6-350 - To Circuit Court From District Court. - Any party may appeal from a judgment entered against him...

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...

Section 6-6-352 - Writs of Restitution or Possession - Issuance by Circuit Court. - In the event that the plaintiff is placed in possession...

Section 6-6-353 - Proceedings When Determination Is Against Appellant. - In cases of forcible entry or unlawful detainer, the judgment,...

Article 9 - Garnishments.

Division 1 - General Provisions.

Section 6-6-370 - "Garnishment" Defined. - A "garnishment," as employed in this article, is process to...

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...

Section 6-6-391 - Affidavit of Amount Due Plaintiff. - To obtain such writ of garnishment, the plaintiff, his agent...

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,...

Section 6-6-393 - Issuance and Service of Process. - Upon the filing of the affidavit or the affidavit and...

Section 6-6-394 - Notice to Defendant. - When the defendant resides within the state and the garnishment...

Section 6-6-395 - Revival of Proceedings When Garnishee or Contestant Dies. - If the garnishee dies after he has been summoned as...

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...

Section 6-6-411 - Executors and Administrators. - (a) Executors and administrators may be garnished for debts due...

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...

Section 6-6-413 - Money or Effects in Hands of Trustee; Exception. - (a) Money or effects of the defendant in the hands...

Section 6-6-414 - Unpaid Subscription of Stock. - Any creditor of a corporation may, by garnishment, subject the...

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...

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...

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...

Section 6-6-451 - Answers on Behalf of Corporations. - No person shall answer on behalf of any corporation any...

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...

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...

Section 6-6-454 - Judgment Where Answer Admits Indebtedness to Defendant. - If the garnishee answers and admits indebtedness to the defendant,...

Section 6-6-455 - Proceedings When Garnishee Liable for Delivery of Personal Property. - If the garnishee is liable for the delivery of personal...

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...

Section 6-6-457 - Proceedings on Failure to Appear and Answer. - If the garnishee fails to appear and answer, a conditional...

Section 6-6-458 - Controverting of Answer by Plaintiff, Etc. - The plaintiff, his agent, or attorney may controvert the answer...

Section 6-6-459 - Contest of Answer by Defendant. - The defendant, upon the coming in of the answer, may,...

Section 6-6-460 - Judgment When Issue Found Against Garnishee. - If such issue is found against the garnishee, judgment must...

Section 6-6-461 - Effect of Judgment for Plaintiff as Between Garnishee and Defendant. - The judgment condemning the debt, demand, money, or effects to...

Section 6-6-462 - Payment of Costs to Garnishee Upon Discharge. - When the answer of the garnishee is not controverted or,...

Section 6-6-463 - Disposition of Claims of Other Persons Suggested by Garnishee. - (a) When the garnishee, by his answer as originally filed...

Section 6-6-464 - Appeals. - An appeal lies to the supreme court or the court...

Division 6 - Salaries of Public Officials or Employees.

Section 6-6-480 - "Salary" Defined. - The term "salary," as used in this division, is not...

Section 6-6-481 - Who May Be Garnished; How Effected. - (a) Money due officials or employees of a city, county,...

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...

Section 6-6-483 - Answer of State Official Garnished to Show Assent to Judgment. - Where an official of the State of Alabama or other...

Section 6-6-484 - Drawing of Warrant or Check for Money Due as Salary. - After such writ has been served as provided in this...

Article 10 - Injunctions.

Section 6-6-500 - Who May Grant. - Injunctions may be granted, returnable into any of the circuit...

Section 6-6-501 - Dissolution of Preliminary Injunction. - A motion to dissolve will lie to the granting of...

Section 6-6-502 - Enjoining or Restraining Enforcement of Ordinance. - No temporary restraining order or preliminary injunction shall ever issue...

Section 6-6-503 - Enjoining Unauthorized or Unlawful Practice of Profession, Occupation, or Calling. - (a) The unauthorized or unlawful practice of any profession, occupation...

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...

Section 6-6-521 - Securing Estate Against Further Waste Pending Action. - Pending such action, the judge must, by injunction or otherwise,...

Section 6-6-522 - Trustee - Appointment. - If the allegations of the complaint are admitted, either expressly...

Section 6-6-523 - Trustee - Duties. - The trustee appointed under this article must manage and superintend...

Section 6-6-524 - Trustee - Control by Appointing Court. - The court making such appointment may direct and control the...

Section 6-6-525 - Trustee - Partial and Final Settlements of Account. - The trustee must, at least once in three years, make...

Section 6-6-526 - Trustee - Compensation. - Such trustee is entitled, for his services, to such compensation...

Section 6-6-527 - Restoration of Estate. - On the petition of the person whose estate has been...

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...

Section 6-6-541 - Contents of Complaint. - The complaint authorized by Section 6-6-540 must describe the lands...

Section 6-6-542 - Contents of Answer. - If the defendant shall answer claiming any estate, interest in,...

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 6-6-544 - Filing of Judgment. - The register or clerk shall, within 30 days from the...

Section 6-6-545 - Costs. - No judgment for costs shall be had under this division...

Section 6-6-546 - Commencement of Action by State. - The state may commence an action under the provisions of...

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...

Section 6-6-561 - Contents of Complaint. - A complaint under this division must be brought against the...

Section 6-6-562 - Appointment of Guardians Ad Litem. - On the filing of a complaint as authorized under Section...

Section 6-6-563 - Service of Process. - If any of the parties set out in Section 6-6-562,...

Section 6-6-564 - Publication of Notice. - Notice of the pendency of the complaint provided for in...

Section 6-6-565 - Time to Answer; Default Judgments. - All defendants shall have 30 days from the date of...

Section 6-6-566 - Prima Facie and Conclusive Evidence of Title. - (a) Against all parties to the complaint who have made...

Section 6-6-567 - Interest or Title to Be Shown by Legal Evidence. - The allegations of the complaint shall not be taken as...

Section 6-6-568 - Intervention. - Any person may, during the pendency of proceedings under this...

Section 6-6-569 - Judgment - Contents. - If, upon the hearing of the case set out under...

Section 6-6-570 - Judgment - Recordation. - The court shall, in the judgment, order that a certified...

Section 6-6-571 - Assessment of Costs. - The court shall have the power to assess the cost...

Section 6-6-572 - To Whom Title or Interest Inures. - When title or interest is established in anyone under the...

Section 6-6-573 - Remedy and Procedure Cumulative. - The remedy and procedure mentioned in this division shall be...

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...

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...

Section 6-6-592 - Complaint to Be Clear and Concise. - The complaint in an action under this article must concisely...

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...

Section 6-6-594 - Joinder - Alleged Corporation as Party Defendant. - When the action is against persons acting as a corporation...

Section 6-6-595 - Joinder - Informant. - Whenever an action is commenced under the provisions of this...

Section 6-6-596 - Effect of Informant's Death. - On the death of the informant pending the action, it...

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...

Section 6-6-598 - Validity of Election Not Triable. - The validity of an election which may be contested under...

Section 6-6-599 - Judgment - Dissolving Corporation and Excluding Same From Corporate Rights, Etc. - If it is adjudged that a corporation against which an...

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,...

Section 6-6-601 - Costs - Assessment. - If an action under this article is maintained by the...

Section 6-6-602 - Costs - Liability of Informant's Sureties. - (a) On the dismissal of the action, judgment must be...

Section 6-6-603 - Appeals - Generally. - The state, informant, or defendant may appeal to the Supreme...

Section 6-6-604 - Appeals - Stay of Execution on Judgment. - If the defendant is adjudged guilty of usurping or intruding...

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...

Section 6-6-621 - Appointment - Appeal When Appointed by Register or Clerk. - When an order appointing a receiver is made by the...

Section 6-6-622 - Appointment - Posting of Bond by Applicant; Recovery Upon Bond. - (a) When application is made to the circuit judge, register,...

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...

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...

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...

Section 6-6-626 - Commencement of Actions Against Receivers or Managers of Property. - A receiver or manager of property, appointed by any court,...

Section 6-6-627 - Service of Process on Foreign or Domestic Receivers. - In actions against foreign or domestic receivers holding, owning, claiming,...

Section 6-6-628 - Removal and Filling of Vacancies. - Receivers may be removed at any time at the pleasure...

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...

Section 6-6-641 - Appeals. - From the final judgment of any circuit court in any...

Section 6-6-642 - Effect of Article. - The common law, as now in force in this state,...

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...

Section 6-6-661 - Venue. - The summary remedies given in this article must be enforced...

Section 6-6-662 - Parties. - The motion may be made by the party aggrieved or...

Section 6-6-663 - Hearing and Determination. - Unless in cases otherwise directed by this article, the court...

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'...

Section 6-6-681 - Judgment in Favor of Defendant. - Judgment must, in like manner, be entered in favor of...

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...

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...

Section 6-6-684 - Entry of Judgment in Favor of Sheriff or Coroner. - (a) Judgment must, in like manner, be summarily entered in...

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...

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...

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...

Section 6-6-722 - Judgment Against County Treasurer, etc., Failing to Pay Allowed Claim. - If any county treasurer or other custodian of county funds...

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...

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...

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

Section 6-6-750 - Definitions. - For the purposes of this article, the following terms shall...

Section 6-6-751 - Right to File Petition to Determine Validity of Obligations. - When any unit desiring to issue any obligations shall hold...

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...

Section 6-6-753 - Hearing and Determination; Contents of Judgment. - At the time and place designated in said order, the...

Section 6-6-754 - Appeal From Judgment of Circuit Court. - Any party to said proceedings, whether petitioner, defendant, or intervenor,...

Section 6-6-755 - Conclusiveness of Judgment Validating and Confirming Issuance. - If the circuit court shall enter a judgment validating and...

Section 6-6-756 - Marking of Validated Obligations. - Obligations validated under the provisions of this article shall have...

Section 6-6-757 - Costs. - The costs in any proceeding under this article shall be...

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Code of Alabama Title 6 - Civil Practice. Chapter 6 - Remedies.

Code of Alabama
Title 6 - Civil Practice.
Chapter 6 - Remedies.