15-13-140
Section 15-13-140 Reasons for default heard at any time, and allowed without costs. Reasons
for default shall be heard by the court on application, at any time when not engaged in other
business. When a conditional judgment is set aside for sufficient cause, no cost shall be
imposed on the sureties. This provision has no application where money is deposited instead
of bail. Sureties may appear before the courts of this state or its subdivisions to answer
any "show cause order," conditional or final forfeiture to give any reasons for
default, to present any defense to the default, and for any other purpose of informing the
courts about information relating to the appearance or non-appearance of the defendant on
the bail of which they are surety. If the surety is a professional surety or professional
bail company then any agent or representative of the professional surety or bail company may
appear for the same purposes. (Acts 1993, No. 93-677, p. 1259, §41.)...
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27-6-13
Section 27-6-13 Sale of surety insurers' special deposit to pay outstanding judgment. (a) If
any surety insurer which has made the deposit provided for in Section 27-3-12 fails or refuses
to pay any final judgment entered against it upon any bond or undertaking from which no appeal
and supersedeas has been taken for 30 days after the entry of such judgment, the clerk or
register of the court in which such judgment was entered shall certify a copy thereof to the
commissioner, together with the fact that it remains unpaid, and the commissioner shall sell
as many of the securities or other assets deposited by such insurer as may be necessary to
pay such judgment, and the interest and costs thereon, and to pay to the clerk or register
of the court, from the proceeds of the sale, the amount of the judgment, with interest and
costs. The commissioner shall sell such securities or other assets at private or public sale,
with or without notice, or so many as may be necessary for the best price...
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15-13-138
Section 15-13-138 Conditions for which it shall be mandatory for the court to set aside forfeiture.
The court shall set aside the conditional forfeiture in its entirety for the following reasons
or under the following circumstances: (1) If the sureties can show that the defendant was
hospitalized at the time he or she was to appear in court, or if the sureties can produce
sufficient evidence that the defendant was not able to attend court for reason of illness,
by producing a doctor's certificate or letter to that effect. The hospitalization may be in
or out of the State of Alabama. For the sureties to take advantage of this provision, they
shall put the court on notice that the situation exists either prior to the issuance of the
conditional forfeiture order or within 28 days after legal service of the conditional forfeiture
on the sureties. After receiving notice, the court may continue the case to a future date
it deems proper and just for the defendant to appear. If at that time...
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27-32-36
Section 27-32-36 Assessments - Order to pay - Judgment. (a) Upon the return day of the order
to show cause provided for in Section 27-32-34, if the member or subscriber does not appear
and serve duly verified objections upon the commissioner, the court shall make an order adjudging
that such member or subscriber is liable for the amount of the assessment against him, together
with costs, and that the commissioner may have judgment against the member or subscriber therefor.
(b) If, on such return date, the member or subscriber appears and serves duly verified objections
upon the commissioner, there shall be a full hearing before the court, which, after such hearing,
shall make such order as the facts shall warrant. (c) Any such order shall have the same force
and effect, shall be entered and docketed and may be appealed from as if it were a judgment
in an original action brought in the court in which the proceeding is pending. (Acts 1971,
No. 407, p. 707, §655.)...
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15-11-12
Section 15-11-12 Requiring witnesses to enter undertaking; form of undertaking. (a) The court
may require the witnesses for the prosecution to enter into an undertaking, in the sum of
$100.00 each, to appear and testify at the court having cognizance of the offense and, if
requested by the defendant, may require his witnesses to enter into such undertaking. (b)
The undertaking of the witnesses for the prosecution or defense may be in substance as follows:
"The State of Alabama, ) We, A.B., C.D., and E.F., witnesses against (or for, as the
case may be), G.H., ___ County, ) charged with a public offense, do each agree to appear at
the district court of _____ County, to give evidence against (or for, as the case may be)
him and, failing to do so, to pay to the State of Alabama (or to the said G. H., if the undertaking
is for the defendant's witnesses) $100.00. Dated this _____ day of _____, 20__. (Signed) A.B.
C.D. E.F. Taken by L. M., Judge, District Court." (c) Whenever the court...
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6-6-201
Section 6-6-201 Statement of assets - Order to appear before court for oral examination; production
of papers, etc. After the filing in court of such statement and such judgment remaining unsatisfied,
upon the filing in said court by the judgment creditor or the attorney of record for such
judgment creditor of an affidavit stating that such statement to the best of affiant's knowledge,
information, and belief does not contain a full, true, and correct statement and description,
of such assets as required in this division, the court shall make an order requiring such
judgment debtor or debtors, when the judgment is against a person or firm, or the agent or
agents of such debtor corporations to appear before such court on a day to be set by the court,
not less than 10 days' notice of which order shall be served upon such judgment debtor, to
submit to an oral examination, under oath, touching the nature, location, description, and
value of such assets and, to this end, may require the...
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28-4-281
Section 28-4-281 Correction of defects or irregularities in notice, etc., in forfeiture and
condemnation proceedings. Whenever in any proceedings for forfeiture and condemnation of liquors
and beverages and vessels and receptacles it shall appear to the judge or court that there
has been any irregularity in the service of any process or notice or any omission to post
or serve notices required or any defect in the affidavit or notice or in the service or return
of either, the judge or court may permit the same to be amended and may direct such further
service of process or of notice as will, in the judgment of the judge or court, be most effectual
in securing notice of the proceeding to those who may be entitled thereto and so that the
proceeding may not fail for any irregularity or technicality. (Acts 1909, No. 191, p. 63;
Acts 1915, No. 2; p. 8; Code 1923, §4769; Code 1940, T. 29, §238.)...
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12-17-185
Section 12-17-185 Duty to attend court. (a) It is the duty of every district attorney to attend
each session of the court for which he is district attorney and to remain in the discharge
of his duties until the business of the state is disposed of. Any district attorney, other
than those mentioned in subsection (b) of this section, failing to so attend or absenting
himself before the business of the state is disposed of, forfeits to the state the sum of
$100.00, for which a conditional judgment must be entered, to be made absolute on notice to
such district attorney unless a good excuse is rendered. (b) If any district attorney who
is paid a salary by the state fails or neglects to attend any session of the court for which
he is district attorney or, after attending, absents himself before the business of the state
is disposed of, he forfeits to the state the sum of $25.00 for every day he is thus absent
or fails to attend, to be deducted by the Comptroller from his salary. The absence...
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12-19-50
Section 12-19-50 Issuance of execution against plaintiff or appellant for own costs; issuance
of execution against sheriff, etc., failing to return, levy, or collect execution issued against
plaintiff or appellant for costs. (a) The Clerk of the Supreme Court, clerks of the courts
of appeals, clerks of the circuit courts and probate judges, upon return of an execution "no
property found" against the defendant by the proper officer of the county in which the
judgment was entered, or, if the execution is from the Supreme Court or courts of appeals,
of the county from which the case was brought, may issue execution against the plaintiff or
appellant, as the case may be, for the costs actually created by the plaintiff or appellant,
but for none other, to be collected and returned as other executions. (b) Judgment may be
entered on motion in the circuit court of such county, in the name of the clerk or probate
judge issuing the execution, against the sheriff or his sureties, or either of...
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6-6-166
Section 6-6-166 Return - Where levy made in different county than where judgment entered or
original attachment issued; trial in circuit court; effect of copies; forfeiture of bond.
(a) When the levy is made in a different county from that in which the judgment was entered
or the original attachment issued, if a claim is interposed to the property, it is the duty
of the officer levying the writ to return the original to the court from which it issued,
with a statement thereon showing the interposition of the claim and true copies of the affidavit
and bond, certified by him; and he must return the original affidavit and bond and a true
copy of the writ under which the levy was made, certified by him, to the circuit court of
his own county, where, after 30 days, the trial of the right of property must be had. The
copies thus required to be made, certified as provided in this section, must be received in
lieu of and have, in all respects, the same effect as the originals. (b) If, in the...
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