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6-6-183
Section 6-6-183 Complaint for discovery of assets - Execution returned "no property found"
or creditor without lien or judgment; answer of debtor. A creditor, having obtained a judgment
upon which execution has issued and been returned "no property found" or a creditor
without a lien or judgment may, in a court of competent jurisdiction of the county in which
the judgment debtor resides or in a like court of the county in which the judgment was entered,
file a complaint for the discovery of the assets of the debtor subject to the payment of debts;
and the debtor must answer on oath and disclose all property, real or personal, in which he
may have or may claim an interest, legal or equitable; all moneys, effects, or choses in action
in which he may have or may claim an interest, legal or equitable; where such property, real
or personal, is situated or may be found; who has or may claim possession thereof; in whose
possession are the moneys, effects, or choses in action in which he has...
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40-1-15
Section 40-1-15 Execution sufficient warrant for levy. Whenever any execution is issued by
the Department of Revenue for the collection of any taxes assessed by it, such execution duly
attested by the secretary of commission shall be sufficient warrant to the officer to whom
directed to levy on the property of the person against whom directed, and the sheriff or other
officer shall forthwith execute such writ without demanding or requiring any indemnifying
bond or other protective obligation, but the writ issued by the Department of Revenue under
authority of law for the collection of taxes due the state shall be sufficient defense to
any action for damages on any ground other than the willful, wanton, or malicious conduct
of the officer making the levy. (Acts 1935, No. 194, p. 256; Code 1940, T. 51, §894.)...
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6-5-482
Section 6-5-482 Limitation on time for commencement of action. (a) All actions against physicians,
surgeons, dentists, medical institutions, or other health care providers for liability, error,
mistake, or failure to cure, whether based on contract or tort, must be commenced within two
years next after the act, or omission, or failure giving rise to the claim, and not afterwards;
provided, that if the cause of action is not discovered and could not reasonably have been
discovered within such period, then the action may be commenced within six months from the
date of such discovery or the date of discovery of facts which would reasonably lead to such
discovery, whichever is earlier; provided further, that in no event may the action be commenced
more than four years after such act; except, that an error, mistake, act, omission, or failure
to cure giving rise to a claim which occurred before September 23, 1975, shall not in any
event be barred until the expiration of one year from such...
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6-5-572
Section 6-5-572 Definitions. For the purposes of this article, the following terms shall have
the meanings respectively ascribed to them by this section: (1) LEGAL SERVICE LIABILITY ACTION.
Any action against a legal service provider in which it is alleged that some injury or damage
was caused in whole or in part by the legal service provider's violation of the standard of
care applicable to a legal service provider. A legal service liability action embraces all
claims for injuries or damages or wrongful death whether in contract or in tort and whether
based on an intentional or unintentional act or omission. A legal services liability action
embraces any form of action in which a litigant may seek legal redress for a wrong or an injury
and every legal theory of recovery, whether common law or statutory, available to a litigant
in a court in the State of Alabama now or in the future. (2) LEGAL SERVICE PROVIDER. Anyone
licensed to practice law by the State of Alabama or engaged in the...
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6-6-101
Section 6-6-101 Forfeiture of bond; execution on bond. When the property replevied is not delivered
in 30 days after judgment against the defendant in attachment, the sheriff shall return the
bond forfeited, and execution must be issued thereon against the principal and sureties for
the amount of the value of the property replevied, as fixed by the sheriff or other officer
making the levy, with interest thereon from the date of the bond and for the cost of the replevy
and of the execution, unless such value is greater than the amount of the judgment against
the defendant, in which case the execution shall be for the amount of such judgment and costs.
(Code 1852, §2538; Code 1867, §2966; Code 1876, §3291; Code 1886, §2965; Code 1896, §556;
Code 1907, §2956; Code 1923, §6204; Code 1940, T. 7, §877.)...
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6-6-594
Section 6-6-594 Joinder - Alleged corporation as party defendant. When the action is against
persons acting as a corporation without being duly incorporated, the alleged corporation may
be joined as a party defendant, and such joinder does not admit its corporate existence or
otherwise prejudice the case of the plaintiff. A judgment and execution may go against it
by its alleged corporate name, as in other cases. (Code 1896, §3423; Code 1907, §5456; Code
1923, §9935; Code 1940, T. 7, §1139.)...
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11-70A-2
Section 11-70A-2 Initiation and notice of action. (a) Any Class 3 municipality may initiate
an expedited quiet title and foreclosure action under this section against a parcel of tax
sale property located within its municipal limits and purchased by the municipality from the
State Land Commissioner. The municipality shall record, in the office of the judge of probate
in the county in which the property is located, a notice of its intention to file an expedited
quiet title and foreclosure action. The notice shall include a legal description of the property,
street address of the property if available, a statement that the property is subject to expedited
quiet title and foreclosure proceedings under this chapter, and a statement that those proceedings
may extinguish any legal interests in the property. As used herein, "interested parties"
shall mean the owner, his or her heirs or personal representatives, any mortgagee or purchaser
of the subject property or any part thereof, and any...
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6-6-681
Section 6-6-681 Judgment in favor of defendant. 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 satisfaction thereof and of the costs, for the amount
of such excess and five percent per month after demand; (2) For failing to return an execution
wholly or partially satisfied, for 25 percent on the amount paid; and (3) For failing to pay
over on demand money paid or collected on an execution, the whole or any part of which is
enjoined, for the amount so enjoined and five percent per month on the amount from the time
of the demand. (Code 1852, §§2608-2611; Code 1867, §§3038-3041; Code 1876, §§3363-3366;
Code 1886, §§3107-3110; Code 1896, §§3775-3778; Code 1907, §§5911-5914; Code 1923, §§10238-10241;
Code 1940, T. 7, §596.)...
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8-3-10
Section 8-3-10 Control of judgment by endorser upon payment of debt. (a) Every endorser who
shall pay off and discharge the debt on which he is endorser, either pending the action or
after judgment, whether the judgment be joint against the principal and all the endorsers
or several against such, shall be entitled to control the judgment and execution founded thereon
against the principal and all prior endorsers in the same manner, upon the same proof and
under the same circumstances as provided in the case of sureties. (b) If such endorser shall
collect the same of a prior endorser, such prior endorser shall have the same control of the
judgment or judgments against the principal or any endorser prior to him. (Code 1907, §5393;
Code 1923, §9552; Code 1940, T. 9, §86.)...
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12-11-32
Section 12-11-32 Jurisdiction to sell property and franchises of public utility corporation.
All circuit courts of this state are authorized and empowered to order the sale of the property
and franchises of public utility corporations upon a civil action by a creditor or creditors
having a judgment against such public utility corporations. (Code 1907, §3053; Code 1923,
§6466; Code 1940, T. 13, §130.)...
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