15-13-126
Section 15-13-126 Return of bondsman's process. (a) All bondsman's processes, when executed
by sureties or other lawful authorized persons, shall be returned by the sheriff, chief of
police, or other authorized law enforcement officer to the clerk of the court from which they
were issued once the defendant is returned to the custody of the court of jurisdiction with
the proper return thereon endorsed. (b) If the bondsman's process is executed, the return
shall be made within five days after service. (c) When any writ of arrest or other warrant
issued by the clerk of the court, in the same case as a bondsman's process, to any law enforcement
officer and the warrant has been executed and returned to the clerk of the court, the clerk
shall notify the surety which obtained the bondsman's process, and if the bondsman's process
has not been executed at the time of the notice, then the surety shall return the process
to the clerk of the court within five days and the surety shall endorse...
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15-13-132
Section 15-13-132 Conditional forfeiture notice to defendant and sureties. A notice of the
rendition of the judgment set forth in Section 15-13-131 shall be issued by the clerk of the
court and served according to the terms as established in this article within 90 days of the
court's conditional forfeiture order to the defendant and sureties. The notice may be in the
following form: STATE OF ALABAMA ___ (or City of ___) Defendant vs ___ County ___ Surety Case
No. ___ ___ Surety Charge: ___ Conditional Forfeiture Notice To: ___ ___ Court Defendant ___
___ Surety You are hereby notified that your name appears as a surety on the bond in the above
styled case. This case was called for trial on ___ (date) and the defendant was not present
to answer. Therefore, a conditional forfeiture of ___ dollars was entered against you. You
shall file a written response within 28 days after you...
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15-13-124
Section 15-13-124 Bondsman's process. A bondsman's process is that document which is issued
by the clerk of the court that has jurisdiction over the defendant and sureties for the arrest
of the defendant. (Acts 1993, No. 93-677, p. 1259, §25.)...
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15-13-128
Section 15-13-128 Form for bondsman's process. The following shall be substantially the form
to be used for a bondsman's process. BONDSMAN'S PROCESS STATE OF ALABAMA COUNTY OF ___. (or)
CITY OF ___. WHEREAS, the Sureties on the bail of the defendant _____, in case number _____,
have expressed their desire to surrender the defendant to the custody of _____ of (City or
County), Alabama, and such desire has been expressed to the clerk of the _____ Court of the
City/County of _____, Alabama, and, WHEREAS, the clerk has checked the records and case number
_____ is still pending and the defendant nor his or her sureties have been discharged of their
obligations, or the records of case number _____ reflect that the defendant has failed to
appear on the obligation of bail as required and a warrant has been issued for the arrest
of the defendant. NOW, THEREFORE, this document is issued, as required by law, and the document
gives the right to the Sureties (bondsmen) to arrest...
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15-13-62
Section 15-13-62 Exoneration of bail by surrender of defendant prior to conditional judgment;
bail may arrest or authorize arrest of principal. Bail may, at any time before a conditional
judgment is entered against them, exonerate themselves by surrendering the defendant; and
for that purpose, they may arrest the defendant on a certified copy of the undertaking at
any place in the state, or may authorize another person to arrest him by an endorsement in
writing on such copy. (Code 1852, §609; Code 1867, §4250; Code 1876, §4859; Code 1886,
§4429; Code 1896, §4371; Code 1907, §6351; Code 1923, §3384; Code 1940, T. 15, §209;
Acts 1949, No. 199, p. 230.)...
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15-13-136
Section 15-13-136 Failure to issue and serve conditional forfeiture in 90 days. In forfeiture
cases where the clerk of the court has failed to issue the conditional forfeiture notice as
stipulated in Section 15-13-132 and where there has been no service as set out in Section
15-13-134 made within 90 days of the order of the court as set out in Section 15-13-131, and
where the sureties have complied with Section 15-13-133, then the sureties shall be discharged
from all liability of the bail and the conditional judgment shall be set aside against such
sureties. (Acts 1993, No. 93-677, p. 1259, §37.)...
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15-13-116
Section 15-13-116 Surrender of principal in open court. When the defendant is before the court
pertaining to the case(s), the sureties of such bail may surrender the defendant in court
by notifying the judge that it is their desire to surrender the defendant. The judge shall
then order the sheriff, or other officer who has the duty of taking defendants into custody
after conviction, to take custody of the defendant. In such event, the surety is not required
to produce a bondsman's warrant or certified copy of bond to the court. (Acts 1993, No. 93-677,
p. 1259, §17.)...
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15-13-137
Section 15-13-137 Conditional judgment set aside, reduced, or made absolute. If the defendants
appear and show sufficient cause for the default to be determined by the court, the conditional
judgment shall be set aside. If the excuse is not sufficient, or if the defendant or sureties
fail to appear at the final forfeiture hearing, the judgment shall be made absolute for the
entire sum expressed in the undertaking, or any portion thereof according to the circumstances.
(Acts 1993, No. 93-677, p. 1259, §38.)...
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27-7-29
Section 27-7-29 Nonresident agents or brokers - Service of process. (a) Each licensed nonresident
producer shall be considered to have performed acts equivalent to and constituting an appointment
of the commissioner as his or her attorney to receive service of legal process issued against
the nonresident producer in this state upon causes of action arising within this state out
of transactions under the nonresident producer's license. Service upon the commissioner as
such attorney shall constitute effective legal service upon the nonresident producer. (b)
The appointment shall be irrevocable for as long as there may be any such cause of action
in this state against the nonresident producer. (c) Service of process under this section
shall be made by leaving three copies of the summons and complaint, or other process, with
the commissioner, along with payment of the fee prescribed in Section 27-4-2, and the service
shall be sufficient service upon the nonresident if notice of the service...
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12-14-17
Section 12-14-17 Procedure for abolition of municipal courts by governing bodies of municipalities;
effect of abolition generally. (a) The governing body of any municipality having a municipal
court may at any time by ordinance abolish its municipal court and the jurisdiction of the
court so abolished shall be transferred to the district court of the district in which the
municipality is located under the conditions and effective dates provided in this section.
A certified copy of the ordinance abolishing the municipal court shall be transmitted by certified
mail to the clerk of the district court for the district in which the municipality is located,
the presiding judge of the circuit court for the judicial circuit in which the municipality
is located, the clerk of the circuit court, the Clerk of the Supreme Court, the Secretary
of State and the Administrative Director of the Courts. (b) All pending cases and process
in those cases which are to be acted upon by the district court...
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