Title 6 — Title 6

(a) Except as limited by court order or the law of this state other than this article, a receiver may do any of the following: (1) Collect, control, manage, conserve, and protect receivership property. (2) Operate a business constituting receivership property, including preservat…

(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 …

When a husband or father has deserted his family, is confined in a hospital operated by the Alabama Mental Health Department, not having been declared of unsound mind, or is imprisoned for a term of two years or more under a conviction for crime, the wife or mother may prosecute …

If the action is not for a personal injury to the ward, whether the ward is a minor or a person of unsound mind, on the appointment of a guardian pending an action, such guardian may, on application, be substituted for the next friend, and the action must proceed in the name of t…

If, pending an action, a ward should die, his or her personal representative may be made the party plaintiff or, if the nature of the case requires it, his or her heirs may be made parties plaintiff upon a motion served, as provided in the Alabama Rules of Civil Procedure. Histor…

The guardian of a person of unsound mind may have an action commenced against him on any contract made by the ward, for any tort committed by him while of sound mind or for necessaries furnished him or his family before the appointment of a guardian. History: (Code 1867, §2432; C…

Limitations Thereon; Liability for Suggestion of Appointment by Plaintiff, Etc. (a) Any judge, register, clerk, or other officer who shall knowingly appoint any person as guardian ad litem for any infant or non compos mentis in violation of the provisions of the Alabama Rules of …

Residents for Purpose of Commencing Actions. (a) Any person in any branch or service of the government of the United States of America, including those in the military, air, and naval service, and the husband or wife of any such person, if he or she is living within the borders o…

In any civil action in any court in this state in which the defendant has been adjudicated a bankrupt, in which a defendant has filed a petition in bankruptcy or against whom a petition in bankruptcy has been filed, it shall be the duty of the court in which such civil action is …

A joint tenant, tenant in common, or tenant in coparcenary may commence an action against his cotenant or coparcener, or personal representative for receiving more than his lawful proportion. History: (Code 1923, §5685; Code 1940, T. 7, §101.)

Nonconsenting Person’s Right to Recovery. If any person necessary to be joined as plaintiff in any action or proceeding shall, upon request, not consent to join therein, his name may, nevertheless, be used by the other party plaintiff, upon filing with the clerk of the court an o…

Against Any Associates Thereof. Two or more persons associated together as partners in any business or pursuit who transact business under a common name, whether it comprises the names of such persons or not, may be sued by their common name in all civil actions, whether hitherto…

An action may be commenced by, and in the name of, any unincorporated organization or association. History: (Acts 1921, Ex. Sess., No. 13, p. 14; Code 1923, §5723; Code 1940, T. 7, §142.)

(a) Actions may be commenced against, and in the name of, any unincorporated organization or association for any cause of action for or upon which the plaintiff therein may commence such an action against the members of such organization or association. (b) Where a judgment in su…

In actions for partition of lands, either by metes and bounds or by sale for division when the same cannot be equitably partitioned among the owners, if the defendant denies the title of the plaintiff or asserts an adverse claim or title in himself, the circuit court need not dis…

An answer of tender of money or of a thing in action must be accompanied by a delivery of the money or such thing in action to the clerk of the court. If the tender is of ponderous articles or other personal property, the answer must aver a readiness to deliver it to the plaintif…

of Same Defenses on Appeal. A party may raise the defenses of (1) lack of jurisdiction over the subject matter, (2) lack of jurisdiction over the person, (3) improper venue, (4) insufficiency of process, and (5) insufficiency of service of process and, losing thereon, proceed to …

If any of the original pleadings, motions, or other papers shall be lost, destroyed, or withheld by any person, the court may order a copy to be filed in the place of the missing original. History: (Code 1852, §2268; Code 1867, §2672; Code 1876, §3022; Code 1886, §2734; Code 1896…

The court may, at its discretion, at any time before the conclusion of the argument, when it appears to be necessary to the due administration of justice, allow a party to supply an omission in the testimony on such terms and under such limitations as the court may prescribe. His…

No more than two new trials can be granted the same party in any cause of action. History: (Code 1852, §2267; Code 1867, §2671; Code 1876, §3021; Code 1886, §2738; Code 1896, ,§3314; Code 1907, §5354; Code 1923, §9519; Code 1940, T. 7, §277.)

Nonrepresented Foreigners. Whenever upon the settlement of an estate or upon the sale of lands for division in any court of this state it is shown that any of the heirs, distributees, or other persons entitled to share in the funds derived therefrom, whether adults or minors, are…

Prospective Purchasers; Costs of Abstract. (a) Whenever any court shall order the sale of any real estate or interest therein, the court shall have power to have an abstract of the title of the property to be sold to be made by some competent person or company, which said abstrac…

Judges. (a) Required. The judges of the several courts of probate must subscribe for, take and file in their respective offices one copy of each weekly newspaper published in their respective counties and, as soon as practicable after the end of each year, shall cause the number …

All public sales shall be made between the hours of 11:00 A.M. and 4:00 P.M., but in the event such sale is not completed by 4:00 P.M., the same may continue until 5:00 P.M. History: (Code 1923, §9267; Code 1940, T. 7, §723.)

Requirements. (a) The party in interest or at whose instance the publication of notice is to be given by advertisement in a newspaper may designate the newspaper in which such advertisement shall be made. If the officer charged with the duty of making the advertisement disregards…

If the length of the publication is not otherwise prescribed, it must be for three successive weeks; provided, that the provisions of this section shall not apply to any sale held under the provisions of Section 7-9A-610. History: (Code 1876, §3972; Code 1886, §664; Code 1896, §3…

(a) When the notice is required to be given for a specified number of weeks, it must be given by consecutive weekly insertions for the number of weeks so specified. When the notice is of a proceeding to be had or of an act to be done on a specified day: (1) If the publication is …

Publication Made or Completed. If publication is commenced or is directed in a particular paper and before it is made or completed there is a suspension or discontinuance of the publishing of such paper, then the publication may be made or completed in some other newspaper publis…

Section. (a) The rate charged for publication of a public notice shall not exceed the lowest classified rate paid by or published on a rate card for commercial customers for an advertisement of similar size, and frequency in the same newspapers in which the public notice appears.…

Officer and Publisher, Etc., and That Sum Charged Is Lowest. All agreements between any officer charged with the duty of advertising legal notices in a newspaper and the printer, publisher, or manager of such paper whereby any advantage, gain, or profit is to accrue to such offic…