Title 6 — Title 6

The party in whose favor a judgment is entered, whether for debt, damages, or costs, for the satisfaction thereof, may, within 10 years thereafter, have a writ of execution against the lands and goods of the party against whom such judgment is entered. When the judgment is for sp…

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, the writ by the officer making such sale. History: (Code 1852, §2453; Code 1867, §2867; Code 1876, §3205; Code 1886, §2914; Code …

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 thereon and costs, with his own commissions, and sign his name thereto; and he must also, if …

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, the clerk must issue a writ for the sale thereof in substance as follows: The State of Alabama, _____ County. To the Sheriff of said County: You are he…

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 proper officer of the county in which the property was taken, and such officer shall,…

A sale regularly made by virtue of judicial process issuing from a court of competent jurisdiction shall convey the title as effectually as if the sale was made by the person against whom the process issues. History: (Code 1907, §4125; Code 1923, §7840; Code 1940, T. 7, §552.)

No note or memorandum in writing shall be necessary to charge any person at a judicial, execution or attachment sale other than the return of the officer on the process. History: (Code 1907, §4126; Code 1923, §7841; Code 1940, T. 7, §553.)

The purchaser must look for himself as to the title and soundness of all property sold under judicial process. Actual fraud or misrepresentation by the officer or his agent may bind him personally. No covenant of warranty binds him individually unless made with that intention for…

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 by an executor, administrator or guardian or by any sheriff or other officer under and by virtue of any execution or other legal pro…

The purchaser of any stock, share, interest, or judgment of the defendant, sold under execution or attachment, shall become the owner thereof in the same manner as if it had been regularly assigned to him by the defendant. History: (Code 1907, §4124; Code 1923, §7839; Code 1940, …

The purchaser at judicial sale may enforce any covenants of warranty running with the land which may be incorporated in the previous title deeds. History: (Code 1907, §4128; Code 1923, §7843; Code 1940, T. 7, §555.)

A purchaser at a void or irregular judicial sale under foreclosure of a mortgage succeeds to all of the interests of the mortgagee. History: (Code 1907, §4131; Code 1923, §7846; Code 1940, T. 7, §558.)

Courts have full power over their officers making execution or judicial sales, and whenever satisfied that a sale made under any legal process is infected with fraud, oppression, irregularity, or error to the injury of either party, the sale will be set aside. History: (Code 1907…

Where property is sold under void process and the proceeds are applied to valid liens against the defendant, or he receives the benefit thereof, he is bound thereby if present and not objecting to the sale. History: (Code 1907, §4132; Code 1923, §7847; Code 1940, T. 7, §559.)

When real estate or any interest therein has been sold by any sheriff, he shall, upon compliance by the purchaser with the terms of sale and the payment or tender of the fees for executing the deed therefor, execute a deed for such real estate or interest therein sold and deliver…

When any sheriff authorized by law to sell real estate makes such sale and dies or vacates his office before making a conveyance to the purchaser thereof, the court from which the writ issued, upon proof of the sale and of the payment of the purchase money, may order the successo…

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 execution payable to the plaintiff and conditioned to deliver the property levied on to the proper…

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 for the delivery thereof without fault on his part, the obligors in the bond may tender the value thereof to the plaintiff, his ag…

If the motion or application is to enter satisfaction of a judgment under the Alabama Rules of Civil Procedure or to set aside the entry of satisfaction of a judgment, on request of either party, the issue of fact must be tried by a jury. History: (Code 1886, §2870; Code 1896, §3…

A judgment cannot be revived after the lapse of 20 years from its entry. History: (Code 1852, §2421; Code 1867, §2833; Code 1876, §3175; Code 1886, §2924; Code 1896, §1931; Code 1907, §4155; Code 1923, §7872; Code 1940, T. 7, §583.)

If 10 years have elapsed from the entry of the judgment without issue of execution or if 10 years have elapsed since the date of the last execution issued, the judgment must be presumed satisfied, and the burden of proving it not satisfied is upon the plaintiff. History: (Code 18…

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 years of its entry until the same has been revived by appropriate motion or action under the Alabama Rules of Civil Procedure. History: (Code 1852,…

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 of the personal representative of such deceased plaintiff, and in like manner when a judgment is entered in favor of …

When the plaintiff in any judgment dies, the same may be revived in favor of the personal representative of the plaintiff. History: (Code 1867, §2835; Code 1876, §3177; Code 1886, §2926; Code 1896, §1927; Code 1907, §4150; Code 1923, §7865; Code 1940, T. 7, §576.)

The death of one or more of several plaintiffs in a judgment shall not prevent the issuance of execution in favor of the survivors. History: (Code 1907, §4151; Code 1923, §7866; Code 1940, T. 7, §577.)

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 writing duly acknowledged and recorded in the office of the probate judge and referred to in such transfer by noting the book and pag…

The surety paying off such judgment or execution shall have control thereof and the same right to enforce it as the plaintiff would have had, but for the payment. History: (Code 1907, §4086; Code 1923, §7801; Code 1940, T. 7, §514.)

The judge of any court may frame, or cause to be issued by the clerk or register, any writ of execution or process necessary to carry into effect any lawful judgment entered in his court. History: (Code 1907, §4078; Code 1923, §7794; Code 1940, T. 7, §507.)

Within 90 days from the entry of a judgment, the clerk or register must issue execution thereon in favor of the successful party unless otherwise directed by the court or the judge presiding at the trial of the case or by the written direction of owner of the judgment or his atto…

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 the office of the judge of probate of any county of this state a certificate of the clerk or register of the court by wh…

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 all property of the defendant which is subject to levy and sale under execution, and such lien shall continue for 10 years after the date of such ju…

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 $200, for the use of any party aggrieved, besides all damages sustained by such party. History: (Code 1907, §4159; Code 1923, §7877; Code 1940, T. 7, …

Upon the entry of judgment, execution may be issued by leave of the court before the time prescribed in the Alabama Rules of Civil Procedure for the issuing of executions, the plaintiff, his agent, or attorney showing sufficient cause therefor by affidavit; but the defendant is n…

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 and filed that the defendant is about fraudulently to dispose of or remove his property and that thereby the plaintiff will pro…

This article may be cited as the “Uniform Enforcement of Foreign Judgments Act.” History: (Acts 1986, Ex. Sess., No. 86-713, p. 127, §1.)

As used in this article, the term “foreign judgment” shall mean any judgment, decree, or order of a court of the United States or of any other court which is entitled to full faith and credit in this state. History: (Acts 1986, Ex. Sess., No. 86-713, p. 127, §2.)

A copy of any foreign judgment authenticated in accordance with an act of Congress or the statutes of this state may be filed in the office of the clerk of any circuit court of this state. A clerk of any circuit court shall note the filing in a special docket set up for foreign j…

(a) At the time of filing, the judgment creditor, or his lawyer, shall make and file with the clerk of the circuit court an affidavit setting forth the name and last known post office address of the judgment debtor, and the judgment creditor. In addition, such affidavit shall inc…

(a) If the judgment debtor shows the circuit court that an appeal from the foreign judgment is pending or will be taken, or that a stay of execution has been granted, the court shall stay enforcement of the foreign judgment until the appeal is concluded, the time for appeal expir…

Any person filing a foreign judgment shall pay to the clerk of the circuit court an amount equal to that imposed for the filing of a civil action. Fees for docketing, transcription, or other enforcement proceedings shall be as provided for judgments of the circuit courts of this …

The right of a judgment creditor to bring an action to enforce his judgment instead of proceeding under this article remains unimpaired. History: (Acts 1986, Ex. Sess., No. 86-713, p. 127, §7.)

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 the probate office as provided for judgments of the circuit courts of this state, and its being so filed shall have the same force and effect a…

This article shall be so interpreted and construed as to effectuate its general purpose to make uniform the laws of those states which enact it. History: (Acts 1986, Ex. Sess., No. 86-713, p. 127, §9.)

(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 of execution is returned not satisfied, or satisfied only in part, an alias writ of execution may be issued. (b) When a judgment has been satisfied in part…

When the office of sheriff is vacant and until his successor qualifies, when the sheriff is imprisoned, in cases to which he is a party, in cases in which he is interested or for any legal cause is incompetent to act, if such interest or cause appears on the face of the proceedin…

This article may be cited as the Alabama Uniform Foreign-Country Money Judgments Recognition Act. History: (Act 2012-470, p. 1296, §1.)

In this article: (1) “Foreign country” means a government other than: a. the United States; b. a state, district, commonwealth, territory, or insular possession of the United States; or c. any other government with regard to which the decision in this state as to whether to recog…

(a) Except as otherwise provided in subsection (b), this article applies to a foreign- country judgment to the extent that the judgment: (1) grants or denies recovery of a sum of money; and (2) under the law of the foreign country where rendered, is final, conclusive, and enforce…

(a) Except as otherwise provided in subsections (b) and (c), a court of this state shall recognize a foreign-country judgment to which this article applies. (b) A court of this state shall not recognize a foreign-country judgment if: (1) the judgment was rendered under a judicial…

(a) A foreign-country judgment may not be refused recognition for lack of personal jurisdiction if: (1) the defendant was served with process personally in the foreign country; (2) the defendant voluntarily appeared in the proceeding, other than for the purpose of protecting prop…