Title 6 — Title 6

(a) An owner and a mortgagor shall do all of the following: (1) Preserve and turn over to the receiver all receivership property in the owner’s possession, custody, or control. (2) Identify all records and other information relating to the receivership property, including a passw…

(a) Except as otherwise provided in subsection (d) or ordered by the court, upon the earlier of: (i) recording of the receivership order pursuant to Section 6-6-791(c) (3); or (ii) receipt of actual knowledge of the appointment of a receiver, an order appointing a receiver operat…

(a) With court approval, a receiver may engage an attorney, accountant, appraiser, auctioneer, broker, or other professional to assist the receiver in performing a duty or exercising a power of the receiver. The receiver shall disclose to the court all of the following: (1) The i…

Business. (a) In this section, “good faith” means honesty in fact in the conduct or transaction concerned. (b) With court approval, a receiver may use receivership property other than in the ordinary course of business. (c) With court approval, a receiver may transfer receivershi…

(a) In this section, “timeshare interest” means an interest having a duration of more than three years which grants its holder the right to use and occupy an accommodation, facility, or recreational site, whether improved or not, for a specific period less than a full year during…

A receiver is entitled to all defenses and immunities provided by the law of this state other than this article for an act or omission within the scope of the receiver’s appointment. History: (Act 2024-380, §18.)

A receiver may file or, if ordered by the court, shall file an interim report that includes all of the following: (1) The activities of the receiver since appointment or a previous report. (2) Receipts and disbursements, including a payment made or proposed to be made to a profes…

Creditors. (a) Except as otherwise provided in subsection (f), a receiver shall give notice of appointment of the receiver to creditors of the owner by both of the following: (1) First-class mail addressed to the last known address of the creditor, or by other mechanism reasonabl…

Subpoenas for witnesses may be executed by the sheriff, by any constable of the county, or by the parties themselves. History: (Code 1852, §2719; Code 1867, §3158; Code 1876, §3545; Code 1886, §3230; Code 1896, §517; Code 1907, §2917; Code 1923, §6165; Code 1940, T. 7, §838.)

When a doubt exists as to the title of the defendant to personal property which the sheriff is required to levy upon, he may demand indemnity from the plaintiff. History: (Code 1852, §2532; Code 1867, §2959; Code 1876, §3285; Code 1886, §2963; Code 1896, §554; Code 1907, §2954; C…

(a) The court may award a receiver from receivership property the reasonable and necessary fees and expenses of performing the duties of the receiver and exercising the powers of the receiver. (b) The court may order one or more of the following to pay the reasonable and necessar…

(a) The court may remove a receiver for cause. (b) The court shall replace a receiver that dies, resigns, or is removed. (c) If the court finds that a receiver that resigns or is removed or the representative of a receiver that is deceased has accounted fully for and turned over …

(a) If required by the court, on completion of a receiver’s duties, the receiver shall file a final report including all of the following: (1) A description of the activities of the receiver in the conduct of the receivership. (2) A list of receivership property at the commenceme…

(a) The court may appoint a receiver appointed in another state, or that person’s nominee, as an ancillary receiver with respect to property located in this state or subject to the jurisdiction of the court for which a receiver could be appointed under this article, if: (1) The p…

A request by a mortgagee for appointment of a receiver, the appointment of a receiver, or application by a mortgagee of receivership property or proceeds to the secured obligation does not do any of the following: (1) Make the mortgagee a mortgagee in possession of the real prope…

In applying and construing the Alabama Uniform Commercial Real Estate Receivership Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. History: (Act 2024-380, §26.)

Relation to Condemnation Proceedings. (a) This article modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. § 7001(c), or authorize e…

This article does not apply to a receivership for which the receiver was appointed before January 1, 2025. History: (Act 2024-380, §28.)

When an attachment is sued out against a nonresident of the state, the writ shall be returned to the clerk of the court as soon as levied upon the property of the defendant, and thereupon the clerk shall cause a notice of the attachment and levy on the defendant’s property to be …

Notice of the levy of the attachment shall be given in writing by the sheriff, or other person who makes such levy, to the defendant in person or notice thereof in writing left at his residence, if resident in the county and, if not resident in the county, but a resident of the s…

Any witness duly summoned who fails to attend without sufficient excuse may be fined $10 for the use of the county, for the collection of which the arbitrators must issue execution; and such defaulting witness is also liable to the party summoning him for any injury sustained by …