6-6-457
Section 6-6-457 Proceedings on failure to appear and answer. If the garnishee fails to appear
and answer, a conditional judgment must be entered against him for the amount of the plaintiff's
claim, as ascertained by his judgment, to be made absolute unless he appears within 30 days
after notice of the conditional judgment issued by the clerk, to be served on him, as other
process, by the sheriff. If he fails to appear within the time required by the notice served
upon him or if two notices are returned "not found" by the sheriff of the county
in which the garnishment was executed, the judgment must be made absolute. (Code 1852, §2545;
Code 1867, §2973; Code 1876, §3298; Code 1886, §2980; Code 1896, §2195; Code 1907, §4324;
Code 1923, §8075; Code 1940, T. 7, §1019.)...
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15-18-143
Section 15-18-143 Employment income withholding order - Generally. (a)(1) Any provision of
Section 8-5-21, or any other law of this state to the contrary, notwithstanding, and in addition
to any other remedy which is or may be hereafter provided by law for the enforcement or collection
of a restitution order, any original decree, judgment or order issued by any court for the
payment of restitution may, on motion of the victim, district attorney, probation or parole
officer, or the court, include an order directing any employer of the defendant to withhold
and pay over to the clerk of the court, out of the employment income due or to become due
the defendant at each pay period, an amount ordered to be paid as restitution. (2) Such order
shall recite the amount of the restitution obligation and shall require the employer to withhold
a definite amount from such income due or becoming due at each pay period and pay such amount
to the clerk of the court. Provided, if the restitution is...
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43-2-199
Section 43-2-199 Service of process - Citations or notices, etc.; return of process. Citations
to make settlements and other citations or notices to such nonresident executors and administrators,
and all writs or legal process, including executions on decrees and judgments, may be served
by depositing a copy in a sealed envelope, postage prepaid, in a post office at or near the
court or office issuing such process, such envelope to be plainly addressed and directed to
such nonresident executor or administrator at the place and by the name furnished by him upon
the filing of his application for letters, or thereafter as provided in section 43-2-190 and,
when the sureties, or either of them, reside in the state, and their place of residence is
known, by the service of a copy of such writ or process upon one of such sureties. When service
is had by depositing a copy of the writ or process in the post office only and not accompanied
by service upon a surety, such service shall not take...
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11-51-12
Section 11-51-12 Filing of list in circuit court; entry of civil actions for assessments on
trial docket; issuance, execution, and return of summons notifying owners of institution of
proceedings against property generally. Such lists shall be filed with the register or clerk
of the circuit court. The register or clerk shall cause to be entered on the trial docket
in such court in a well-bound book kept for that purpose a civil action for each assessment
of property of the city or town against such property so assessed. Said docket shall show
the amount of the taxes sought to be collected, a description of the property and the name
of the owner, if known. Upon the filing of the certificate, the register or clerk is directed
to issue a summons, as in other civil actions, containing a description of the property and
notifying each owner of the filing of the proceedings against his property. Only one summons,
however, shall be necessary if two or more pieces of property are assessed to...
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30-5-8
Section 30-5-8 Notice of hearing or other order to be sent to parties; registration of information;
automated process; additional fines. (a)(1) A copy of any notice of hearing or any protection
order under this chapter shall be sent to the plaintiff within 24 hours of issuance, provided
the plaintiff provides the court with current and accurate contact information, and to the
law enforcement officials with jurisdiction over the residence of the plaintiff. The clerk
of the court may furnish a certified copy of the notice of final hearing or protection order,
if any, electronically. (2) A copy of the petition and ex parte protection order, if issued,
under this chapter shall be served upon the defendant as soon as possible pursuant to Rule
4 of the Alabama Rules of Civil Procedure. A copy of the notice of final hearing and any other
order under this chapter shall be issued to the defendant as soon as possible. (3) Certain
information in these cases shall be entered in the Protection...
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12-22-222
Section 12-22-222 Stay of proceedings on judgment; admission of defendant to bail; proceedings
on failure to appear. (a) If the defendant is in the custody of the sheriff and the order
allowing the writ directs a stay of proceedings on the judgment, the sheriff must, on being
served with the clerk's certificate that the order has been filed and with a copy of the order,
keep and detain the defendant in his custody, without executing the sentence which may have
been passed on his conviction, to abide the judgment that may be entered on the writ of error.
(b) If the conviction is for an offense which is not punished capitally or by imprisonment
for a term not exceeding 10 years, the judge or court must also direct the clerk of the court
in which conviction was had to admit the defendant to bail in a sum which may be prescribed
by the court, with sufficient sureties, conditioned for his appearance at the next session
of the court in which the conviction was had and, from session to...
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6-6-593
Section 6-6-593 Court always open; return of summons; setting of case for trial; trial by court
or jury. (a) The court is at all times open for the trial of a case or the granting of orders
therein. The summons shall be returnable 10 days from the date of issuance, and if five days'
service is not had before such return day, the summons is returnable to the first day after
the expiration of five days after such service. If such return day shall be a day of any regular
or special session of the court, the case stands for trial on the next day after the return
day, unless good cause shall be shown for further delay; but if such return day does not fall
within a regular or special session, the judge must fix a day for the hearing, of which the
clerk must notify the parties or their attorneys; and on such day the case may be tried or,
for good cause shown or by consent of parties and the approval of the court, may be continued
to another day. (b) The case specified in this section must be...
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12-22-244
Section 12-22-244 Duty of defendant on bail to surrender upon affirmation of conviction or
dismissal of appeal. When the defendant in a case of misdemeanor or felony is sentenced to
hard labor, imprisonment or to the penitentiary, gives bail pending the appeal and the judgment
of conviction is affirmed or the appeal is dismissed, he is bound by the undertaking of bail
to surrender himself to the sheriff, at the county jail, within 15 days from the date of such
affirmance or dismissal. If he shall fail to do so, the sheriff must endorse the bail bond
forfeited, and a writ of arrest must be issued by the clerk; if not executed, another must
be issued, and so on until the judgment has been executed. If the defendant is taken on such
writ or if he shall surrender himself to the sheriff, the sentence must, without delay, be
carried out as if no appeal had been taken. (Code 1852, §755; Code 1867, §4306; Code 1876,
§4982; Code 1886, §4513; Code 1896, §4321; Code 1907, §6252; Acts 1911,...
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45-37-241.20
Section 45-37-241.20 Appeals from decisions of the Board of Equalization. (a) For the purpose
of convenience and brevity this act shall be known and referred to as the Expeditious and
Economical Tax Appeals Act. (b) This section shall apply only in Jefferson County. This section
is alternative to and cumulative to Section 40-3-25; but when a taxpayer elects to take an
appeal under this section from a decision or ruling of the board of equalization fixing the
market value of the real property, Section 40-3-25 shall not be applicable to such appeal
but in the event the taxpayer pays his or her taxes before a final decree in the case and
is entitled to a refund then that portion of the section providing for a refund to the taxpayer
shall be applicable or in the event of an increase the increase shall be payable as provided
in the sections. (c) An appeal may be taken under this section from a decision of the board
of equalization fixing the market value of real property, to the circuit...
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12-17-114
Section 12-17-114 Duties generally. (a) It is the duty of the register, within his respective
county: (1) To administer oaths in all cases; to issue all processes from the circuit court
as to equitable cases; to make orders of publication for defendants; to grant default judgments
for want of answers; to issue attachments and processes of sequestration; to make all interlocutory
decrees and orders, not affecting the decision of the controversy between the parties, subject
at all times to the control, direction and supervision of the circuit court; and to exercise
such other duties as are, or may be, conferred by law, including administrative rules promulgated
by order of the Supreme Court of Alabama. (2) To keep a consolidated docket sheet of all cases
filed, in which must be entered the names of plaintiffs and defendants, the names of the attorneys
of the several parties, a minute of the time when process issued and was returned, the return
thereon and note of all the orders and...
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