Title 6 — Title 6

In actions against foreign or domestic receivers holding, owning, claiming, or operating property in this state, the summons and complaint may be executed by the delivery of a copy thereof to the receiver if he is found within the state or, upon affidavit being made by the plaint…

Receivers may be removed at any time at the pleasure of the court by which they were appointed, and if any receiver is removed, declines to act or dies, the court that appointed him may fill the vacancy. History: (Code 1923, §10123; Code 1940, T. 7, §1166.)

Upon Issues Presented. (a) All applications for mandamus, prohibition, certiorari, or other remedial writ of a supervisory nature shall be commenced by a petition, verified by affidavit, in which the facts shall be stated as briefly and succinctly as the case will admit of, and a…

From the final judgment of any circuit court in any such proceeding, an appeal shall lie to the appropriate appellate court as in other cases. History: (Code 1886, §3160; Code 1896, §2827; Code 1907, §4866; Code 1923, §8980; Code 1940, T. 7, §1074.)

The common law, as now in force in this state, touching any of the matters embraced in this article, is not repealed, but left in full force, the true intent and meaning of this article being to provide a plain, more speedy, and less expensive mode of procedure in all cases to wh…

Judgment may be entered summarily against the persons and for defaults stated in this article, upon notice in writing by the party aggrieved that a motion will be made for judgment, succinctly stating in such notice the cause for which such motion will be made and the court, the …

The summary remedies given in this article must be enforced in the manner following, except in cases otherwise specially provided in this article: (1) When the motion is against a sheriff, coroner, clerk, or other officer of court, or their sureties, the motion must be made in th…

The motion may be made by the party aggrieved or his legal representative against the person in default and the sureties upon his official bond, and the judgment must be entered against such of the parties, whether principal or surety, as may have received notice of the intended …

Unless in cases otherwise directed by this article, the court must hear and determine the motion and enter judgment upon the evidence without a jury unless an issue is tendered and a jury trial demanded, when a jury must be immediately impaneled to try the facts, unless good caus…

Judgment must be entered for the plaintiff, on three days’ notice, against the sheriff, coroner, or other officer receiving or executing the writ in the following cases: (1) For failing to return an execution, 20 percent on the judgment; (2) For failing to pay over money collecte…

Judgment must, in like manner, be entered in favor of the defendant in execution against the sheriff or coroner, on three days’ notice, in the following cases: (1) For failure to pay over on demand any excess of money which may remain upon a sale under execution after satisfactio…

Certification of Clerk as Evidence. (a) Judgment must, in like manner, be entered in favor of the clerk of an appellate court against the sheriff or coroner, on three days’ notice: (1) For failure to return an execution from that court; (2) For making a false return thereon; (3) …

Person Other Than One to Be Drawn. Any officer who accepts or receives a substitute for any person drawn as a juror or whom he is directed to summon as a juror or who intentionally serves any other person than the one drawn as a juror or whom he is directed to summon as a juror m…

(a) Judgment must, in like manner, be summarily entered in favor of the sheriff or coroner, on three days’ notice of the pendency of the action: (1) Against the obligors on bonds given to indemnify such officer for levying an execution or attachment or for making sale of property…

Depositions. The arbitrators, or either of them, have power to subpoena witnesses at the request of either of the parties and to administer all oaths which may be necessary in the progress of the case and must, on the application of either party, issue commission to take the depo…

Property into Possession. Attachments may be levied on real estate, whether a fee simple or any less legal estate, or on personal property of the defendant or may be executed by summoning any person indebted to the defendant or liable to him on a contract for the delivery of pers…

Judgment must, in like manner, be summarily entered against the clerk of the circuit court and his sureties, or either of them, and against the register in circuit court and his sureties, or either of them, on three days’ notice, in the following cases: (1) In favor of the plaint…

When attachment is executed by summoning a person indebted to the defendant, such person is called the garnishee, and the summons must be to answer as garnishees are required to answer; and, upon return of an attachment so executed, proceedings may be had as in other cases of gar…

An attachment may be levied on the joint or separate estate of joint obligors, promisors or partners, whether resident or nonresident. History: (Code 1852, §2518; Code 1867, §2945; Code 1876, §3270; Code 1886, §2947; Code 1896, §542; Code 1907, §2942; Code 1923, §6190; Code 1940,…

Defaulters or Sureties. Summary judgment must be entered in favor of the state against the defaulters named in this section and their sureties, or either, in any court of the county of their residence having jurisdiction, on 10 days’ notice, in the following cases: (1) Against an…

Probate Judge for Failure to Discharge Duties. Any tax collector, tax assessor, or judge of probate who knowingly and willfully neglects to discharge any of his duties as required in the revenue law shall forfeit one half of his compensation under that law for the use of the coun…

If any county treasurer or other custodian of county funds fails, on demand and without good excuse, to pay an allowed claim against the county when there are funds in the treasury to pay the same, judgment may be obtained against him and his sureties, or any or either of them, o…

County. If any tax collector, judge of probate, sheriff, clerk, or other officer or person fails to pay to the county treasurer or other custodian of county funds, within the time prescribed by law or, in case no time is fixed by law, on the demand of such treasurer or other cust…

The attachment may be executed in any county of the state by the sheriff of the county in which the property or garnishee may be found, and the sheriff must take and hold the property attached, unless replevied, subject to the order of the court in which the attachment is pending…

Branch writs of attachment may issue to any county of the state directed to any sheriff of the State of Alabama, to be executed as in Section 6-6-73. History: (Code 1852, §2526; Code 1867, §2954; Code 1876, §3278; Code 1886, §2954; Code 1896, §545; Code 1907, §2945; Code 1923, §6…

Property Recovered in Capacity as Attorney. (a) Judgment may, in like manner, be summarily entered against any attorney-at- law in this state who fails to pay over money collected by him or deliver personal property recovered by him in that capacity, whether by an action or other…

Alias writs of attachment or new writs of garnishment may be issued without a renewal of the bond or affidavit in cases where no property, or an insufficient amount thereof to satisfy the plaintiff’s demand, has been found, or when, pending the action, the plaintiff wishes to gar…

For the purposes of this article, the following terms shall have the meanings respectively ascribed to them by this section: (1) UNIT. Every county, city, town, district, or other political subdivision in the state of Alabama. (2) OBLIGATIONS. Bonds, warrants, certificates of ind…

When any unit desiring to issue any obligations shall hold an election for that purpose in accordance with the provisions of the Constitution and laws of this state controlling and regulating such election and the returns of such election shall show prima facie that such election…

Order on District Attorney; Publication of Public Notice. (a) The authority for issuing such obligations, the fact that an election has been held and that such election was in favor of the issuance of such obligations, if an election was required, the ordinances or resolutions au…

At the time and place designated in said order, the judge of said circuit court shall proceed to hear and determine all questions of law and of fact in said case, and he shall make such orders as to the proceedings in said case and adjournments as will best conserve the interests…

Any party to said proceedings, whether petitioner, defendant, or intervenor, dissatisfied with the judgment of the court, may appeal therefrom to the supreme court in accordance with the Alabama Rules of Appellate Procedure. History: (Acts 1935, No. 196, p. 582; Code 1940, T. 7, …

If the circuit court shall enter a judgment validating and confirming the issuance of the obligations and no appeal shall be taken within the time prescribed in Section 6- 6-754 or if taken and the judgment validating such obligations shall be affirmed by the Supreme Court, or if…

Obligations validated under the provisions of this article shall have stamped or written thereon by the proper officers of such unit the words: “Validated and confirmed by judgment of the Circuit Court of … County, State of Alabama, entered on the … day of …, 19…,” which shall be…

The costs in any proceeding under this article shall be paid by the unit issuing such obligations. History: (Acts 1935, No. 196, p. 582; Code 1940, T. 7, §176.)

The levy of an attachment or service of a garnishment creates a lien in favor of the plaintiff. History: (Code 1852, §2527; Code 1867, §2955; Code 1876, §3280; Code 1886, §2957; Code 1896, §548; Code 1907, §2948; Code 1923, §6196; Code 1940, T. 7, §869.)

(a) If the property levied on is perishable or if the expense of keeping is great, it must be sold by order of the court, on motion of either party, and the proceeds of sale retained by the sheriff to await the decision of the case, unless the court otherwise directs. (b) If the …

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 sold pending the action, on motion of the plaintiff, the judge of the court to which the attachment is returnable…

This article shall be known and may be cited as the Alabama Uniform Commercial Real Estate Receivership Act. History: (Act 2024-380, §1.)

For the purposes of this article, the following terms have the following meanings: (1) AFFILIATE. a. With respect to an individual: 1. A companion of the individual; 2. A lineal ancestor or descendant, whether by blood or adoption, of either of the following: (i) The individual. …

(a) Except as otherwise provided in subsection (b), the court may issue an order under this article only after notice and opportunity for a hearing appropriate in the circumstances. (b) The court may issue a preliminary order under this article in any of the following circumstanc…

(a) Except as otherwise provided in subsection (b) or (c), this article applies to a receivership for an interest in real property and any personal property related to or used in operating the real property. (b) This article does not apply to a receivership for an interest in rea…

(a) The court that appoints a receiver under this article has statewide exclusive original jurisdiction, pursuant to Section 12-11-30, to direct the receiver and determine any controversy related to the receivership or receivership property. (b) Venue for any actions filed pursua…

(a) The court may appoint a receiver: (1) Before judgment, to protect a party that demonstrates an apparent right, title, or interest in real property that is the subject of the action, if any or all of the property, its revenues, its rents, or its proceeds: a. Is being subjected…

(a) The court may not appoint a person as receiver unless the person submits to the court a statement under penalty of perjury that the person is not disqualified. (b) Except as otherwise provided in subsection (c), a person is disqualified from appointment as receiver if the per…

(a) Except as otherwise provided in subsection (b), a receiver shall post with the court a bond that satisfies all of the following: (1) Is conditioned on the faithful undertaking of the receiver’s duties. (2) Has one or more sureties approved by the court. (3) Is in an amount th…

(a) On appointment of a receiver, the receiver has the status of a lien creditor under Article 9A of Title 7, as to receivership property that is personal property or fixtures. (b) On appointment of a receiver, the receiver has the status of a purchaser for value and without noti…

Except as otherwise provided by the law of this state other than this article, property that a receiver or owner acquires after appointment of the receiver is subject to a security agreement entered into before the appointment to the same extent as if the court had not appointed …

Perishables. The sheriff and his sureties, or either of them, may be proceeded against by motion, on one day’s notice, at the instance of the plaintiff or of the defendant if the plaintiff fails in the action for any money received for the sale of perishable property and judgment…

(a) Unless the court orders otherwise, on demand by a receiver: (1) A person that owes a debt that is receivership property and is matured or payable on demand or on order shall pay the debt to or on the order of the receiver, except to the extent the debt is subject to setoff or…