Title 6

(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 officer by 12:00 noon of the day and at the…

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 agent or attorney, an…

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. (Code 1886, §2870; Code 1896, §3340; Code…

A judgment cannot be revived after the lapse of 20 years from its entry. (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. (Code 1852, §2419…

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. (Code 1852, §2419; Code 186…

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 an executor, administrator,…

When the plaintiff in any judgment dies, the same may be revived in favor of the personal representative of the plaintiff. (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. (Code 1907, §4151; Code 1923, §7866; Code 1940, T. 7, §577.)

(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 page where recorded. After suc…

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 which the judgment was entered, which certific…

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 jud…

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. (Code 1907, §4159; Code 1923, §7877; Code 1940, T. 7, §586.)

This article may be cited as the “Uniform Enforcement of Foreign Judgments Act.” (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. (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. (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 as…

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. (Acts 1986, Ex. Sess., No. 86-713, p. 127, §9.)

This article may be cited as the Alabama Uniform Foreign-Country Money Judgments Recognition Act. (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 enforcea…

(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…

(a) If recognition of a foreign-country judgment is sought as an original matter, the issue of recognition shall be raised by filing an action seeking recognition of the foreign-country judgment. (b) If recognition of a foreign-country judgment is sought in a pending action, the …

If the court in a proceeding under Section 6-9-255 finds that the foreign-country judgment is entitled to recognition under this article, then, to the extent that the foreign-country judgment grants or denies recovery of a sum of money, the foreign-country judgment is: (1) conclu…

If a party establishes that an appeal from a foreign-country judgment is pending or will be taken, the court may stay any proceedings with regard to the foreign-country judgment until the appeal is concluded, the time for appeal expires, or the appellant has had sufficient time t…

An action to recognize a foreign-country judgment must be commenced within the later of the time during which the foreign-country judgment is effective in the foreign country or 5 years from the date that the foreign-country judgment became final, conclusive, and enforceable in t…

In applying and construing this uniform 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. (Act 2012-470, p. 1296, §10.)

This article does not prevent the recognition under principles of comity or otherwise of a foreign-country judgment not within the scope of this article. (Act 2012-470, p. 1296, §11.)

This article applies to all actions commenced on or after January 1, 2013, in which the issue of recognition of a foreign-country judgment is raised. (Act 2012-470, p. 1296, §12.)

(a) Except as provided in subsection (b), the right to a homestead or other exemption shall be governed by the law in effect when the debt or demand was created, but the procedures or remedies for asserting, ascertaining, contesting, and determining claims thereto shall be as pre…

All property, real or personal, belonging to the several counties or municipal corporations in this state and used for county or municipal purposes shall be exempt from levy and sale under any process or judgment whatsoever. (Code 1876, §2845; Code 1886, §2514; Code 1896, §2040; …

In cases instituted under the provisions of Title 11 of the United States Code entitled Bankruptcy, there shall be exempt from the property of the estate of an individual debtor only that property and income which is exempt under the laws of the State of Alabama and under federal…

On July 1, 2017, and at the end of each 3-year period thereafter, the State Treasurer shall adjust each dollar amount in this article or, for each adjustment after July 1, 2017, each adjusted amount, by an amount determined by the State Treasurer to reflect the cumulative change …

(a) The homestead of every resident of this state, including improvements and appurtenances, which does not exceed 160 acres in size and is valued at no more than: (i) fifteen thousand dollars ($15,000); or (ii) fifty-six thousand four hundred dollars ($56,400) if the resident is…

Any resident of this state entitled to, and desiring to, claim a homestead or other exemption from levy and sale under execution or other process may, at any time, make and file in the office of the probate judge of the county in which the property is situated, if a homestead, or…

Such declarations of claims of exemptions shall be recorded in a separate book, kept for that purpose, and the probate judge, on request, shall give a receipt therefor and shall furnish a certified copy thereof, when requested, on payment of lawful fees therefor. (Code 1876, §282…

The fees for filing, recording, copying, and certifying such declarations shall be the same as are allowed by law for filing, recording, copying, and certifying deeds. (Code 1876, §2829; Code 1886, §2518; Code 1896, §2044; Code 1907, §4171; Code 1923, §7893; Code 1940, T. 7, §636…

After the filing of such declaration, the claim of exemption therein asserted shall be taken and considered as prima facie correct, and the filing thereof shall operate as notice of its contents. (Code 1876, §§2828, 2831; Code 1886, §2517; Code 1896, §2043; Code 1907, §4170; Code…

After such declaration of claim has been filed for record, the property therein embraced shall not be subject to levy unless there is endorsed on the process the fact that there has been a waiver of exemption as to the kind of property on which the levy is sought to be made or th…

A plaintiff, in person or by his or her agent or attorney, may contest a claim of exemption after a declaration thereof has been filed by making and filing with the officer holding the process an affidavit that, in his belief, either the claim is invalid entirely or it is invalid…

The right of homestead or other exemption shall not be waived or lost by a failure, before the levy of process, to file for record a declaration claiming the same; but the defendant, in person or by his or her agent or attorney, may, at any time after the levy and prior to a sale…