28-3-14
Section 28-3-14 Procedure for collection of due and unpaid taxes and penalties imposed by chapter;
lien for taxes and penalties. If any taxes or penalties imposed by this chapter remain due
and unpaid for a period of 10 days, the board shall issue a warrant of execution directed
to any sheriff of the State of Alabama, commanding him to levy upon and sell the real and
personal property of the taxpayer found within his county for the payment of the amount
thereof, with penalties, if any, and the cost of executing the warrant and to return such
warrant to the board and to pay it the money collected by virtue thereof. Upon receipt of
such execution, the sheriff shall file with the clerk of the circuit court of his county a
copy thereof and thereupon the clerk of the circuit court shall enter in his abstract of judgments
the name of the taxpayer mentioned in the warrant and in proper columns the amount of tax
with penalties and costs for which the warrant is issued and the date and hour...
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45-49-252
Section 45-49-252 Definitions. The following words, phases, or terms as used in this part,
unless the context indicates otherwise, shall have the following meanings: (1) ABANDONED PROPERTY.
Wrecked or derelict property having no value other than nominal salvage value, if any, which
has been left abandoned and unprotected from the elements and shall include wrecked, inoperative,
or partially dismantled motor vehicles, trailers, boats, machinery, refrigerators, washing
machines, plumbing fixtures, and other similar articles which have no value other than nominal
salvage value, if any; and is in a condition violative of Alabama statutes. (2) ADMINISTRATIVE
DEPARTMENT. The department charged by the Mobile County Commission with the administrative
management of this part. (3) COMMISSION. The Mobile County Commission of Mobile County, Alabama.
(4) BULKY WASTE. Items whose large size precludes or complicates their handling by normal
collection, processing, or disposal methods. (5) BUNDLE. A...
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6-10-38
of the plaintiff accompanied by an offer in writing to purchase the same for an amount exceeding
$5,000 (or if a husband and wife have both claimed the exemption to which each is entitled,
$10,000), which offer must state the amount and, at the election of the defendant, shall be
binding on the plaintiff. (c) When a sale is made under subsection (b) of this section and
any defendant dies before receiving their $5,000 standing in lieu of the homestead, the same
shall be paid to his or her personal representative, who shall receive and hold it
subject to the homestead rights of the defendant's surviving spouse and minor child or children,
or either, if there be such; but, if there be none such, the personal representative
shall first apply the same to the payment of the demand for the enforcement of which the process
issued, and the balance he shall administer as personal assets of the estate. (Code
1876, §2832; Code 1886, §§2534-2536; Code 1896, §§2060-2062; Code 1907,...
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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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6-6-332
Section 6-6-332 Process - Form of notice; service and return thereof. (a) Upon complaint being
made, the district judge shall issue a notice to the party against whom the complaint is made
to the following effect: The State of Alabama, ___ County. To ___ You are hereby commanded
to be and appear before me, at _____ on the _____ day of _____, 2__, to answer to, and make
defense against a complaint exhibited to me against you by _____, for a forcible entry and
detainer (or for unlawful detainer, as the case may be). Witness my hand this _____ day of
______, 2__. ___ District Court Judge (b) The notice shall be served on the defendant at least
six days before the return day of the process and may be served on the defendant anywhere
within the state. The return of the service thereof by any sheriff or constable of the state
is sufficient, or proof of the fact may be made before the judge. A copy of the notice shall
be personally served upon the...
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6-9-121
Section 6-9-121 Death of levying officer prior to sale; proceedings if property not delivered
by representatives of deceased officer. (a) When the officer taking property under execution
shall die before the sale thereof, a writ of venditioni exponas shall issue directed to the
proper officer of the county in which the property was taken, and such officer shall, under
the writ of venditioni exponas, receive the property from the representatives of the former
sheriff or other officer, who are required to deliver the same to the officer having the venditioni
exponas, on his producing the same and executing a receipt for the property, and the officer
shall proceed to sell the same as in other cases. (b) If the representatives of the deceased
officer shall refuse or neglect to deliver the property or if there shall not be an executor
or administrator of his estate, the officer having the writ of venditioni exponas may seize
the property taken by the former officer, wherever it may be...
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15-21-22
Section 15-21-22 Admission to bail if charged with bailable offense; procedure when sufficient
bail not offered; transmission of bail to clerk of court; forfeiture of bail. (a) Upon a hearing
on a writ of habeas corpus, if it appears that the detained party is charged with a public
offense which is bailable, he must be admitted to bail on offering sufficient bail. (b) If
sufficient bail is not offered, the amount of bail required must be endorsed on the warrant,
and the court to which he is required to appear, and the detained party may be afterwards
discharged by the sheriff of the county on giving sufficient bail in the amount so required.
(c) All undertakings of bail taken by any judge or sheriff under the provisions of this section
must be transmitted by him to the clerk of the court before which the party is bound to appear
by the first day of the next succeeding session and may be forfeited, and the same proceedings
thereon had, as against other bail in criminal cases. (Code...
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15-9-40
Section 15-9-40 Arrest prior to requisition. Whenever any person within this state shall be
charged on the oath of any credible person before any district or circuit court judge of this
state with the commission of any crime in any other state and, except in cases arising under
Section 15-9-34, with having fled from justice; or whenever complaint shall have been made
before any district or circuit court judge in this state setting forth on the affidavit of
any credible person in another state that a crime has been committed in such other state,
that the accused has been charged in such state with the commission of the crime and, except
in cases arising under Section 15-9-34, that he has fled from justice and is believed to have
been found in this state, the judge shall issue a warrant directed to the sheriff of the county
in which the oath or complaint is filed, directing him to apprehend the person charged, wherever
he may be found in this state, and bring him before the same or any...
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28-4-27
Section 28-4-27 Enforcement of Section 28-4-26. If any person violates a provision of Section
28-4-26, upon complaint being made on oath before a judge of any court having jurisdiction
of misdemeanors that spirituous, vinous or malt liquors, or other beverages or liquors, prohibited
by law to be sold, given away or otherwise disposed of have been sold, given away or otherwise
disposed of in violation of law and that the person committing such offense comes within the
terms of Section 28-4-26 and that such person is known or unknown to the person making the
complaint and that other parties present and participating in the tippling or drinking of
liquors at such place are unknown to the person making the complaint, it shall be the duty
of such judge to issue forthwith a warrant of arrest for such party for the offense charged
in the complaint and immediately to place such warrant in the hands of the sheriff or other
lawful officer. (Acts 1909, No. 191, p. 63; Code 1923, §4630; Code...
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6-6-337
Section 6-6-337 Proceedings upon determination for either plaintiff or defendant. (a) If the
judge determines in favor of the plaintiff, he must record the decision and enter judgment
with costs, upon which he must issue a writ of execution commanding the sheriff or the constable
to restore the plaintiff to possession or place him in possession of his lands and tenements
according to complaint and to levy on and sell a sufficiency of the defendant's goods and
chattels, lands and tenements to satisfy the costs of the proceedings. Successive writs may
issue at any time when necessary to eject defendant or collect costs and damages, and a defendant
who refuses to obey the mandate of the writ as to the possession of the property or who enters
upon the premises without just cause or legal excuse after being ejected shall be guilty of
resisting an officer and contempt of court and shall be punished and fined accordingly, in
the discretion of the court issuing the process. (b) If the judge...
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