6-6-163
Section 6-6-163 Forfeiture of claimant's bond; execution for amount of judgment, damages, and costs. If judgment is entered against the claimant and he fails to deliver the property to the officer making the levy and pay the costs of the trial of the right of property within 30 days, such officer must endorse the bond forfeited; and thereupon, if the property was levied on under execution or, if levied on under attachment, after judgment in favor of the plaintiff against the defendant in attachment, the clerk must issue execution against the obligors on the bond for the amount of the plaintiff's judgment, for the damages, if any were assessed, and the costs of the amount of such assessed value, if that is not greater than the amount of the judgment and for the damages, if any were assessed, and the costs of the trial of the right of property. And in the event the claimant delivers the property, but fails to pay damages and costs within 30 days, execution must issue for such damages and...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-6-163.htm - 1K - Match Info - Similar pages
40-25-9
Section 40-25-9 Procedure when goods are confiscated. In all cases of seizure of any goods, wares, merchandise, or other property hereafter made as being subject to forfeiture under provisions of this article: (1) The officer or person making the seizure shall cause a list containing a particular description of the goods, wares, merchandise or other property seized to be prepared in duplicate. The list shall be properly attested by the officer. (2) The Department of Revenue shall then proceed to post a notice for three weeks on its web site describing the articles and stating the time and place and cause of their seizure and requiring any person claiming them to appear and make such claim in writing within 30 days from the date of the first posting of such notice. (3) Any person claiming the goods, wares or merchandise or other property so seized as contraband within the time specified in the notice may file with the Department of Revenue a claim in writing, stating the person's...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-25-9.htm - 3K - Match Info - Similar pages
6-10-26
Section 6-10-26 Claim of exemption after levy and prior to sale; contesting of such claim. The right of homestead or other exemption shall not be waived or lost by a failure, before the levy of process, to file for record a declaration claiming the same; but the defendant, in person or by his or her agent or attorney, may, at any time after the levy and prior to a sale, file with the officer making the levy a claim in writing, verified by oath, to such property, or any part thereof, as exempt and, if of a part, describing the same; and, within three days thereafter, such officer must give to the plaintiff or his or her agent or attorney written notice of the filing of the claim. Thereupon, the plaintiff, in person or by his or her agent or attorney, may contest the claim in the mode provided in Section 6-10-25; except, that no bond need be executed; and on the institution of such contest, the officer shall, within three days thereafter, give the defendant written notice of the same. If...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-10-26.htm - 1K - Match Info - Similar pages
7-8-317
Section 7-8-317 (Effective Until January 1, 1997) Attachment or levy upon security. (1) No attachment or levy upon a security or any share or other interest evidenced thereby which is outstanding shall be valid until the security is actually seized by the officer making the attachment or levy but a security which has been surrendered to the issuer may be attached or levied upon at the source. (2) A creditor whose debtor is the owner of a security shall be entitled to such aid from courts of appropriate jurisdiction, by injunction or otherwise, in reaching such security or in satisfying the claim by means thereof as is allowed by law in regard to property which cannot readily be attached or levied upon by ordinary legal process. (Acts 1965, No. 549, p. 811.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-8-317.htm - 1K - Match Info - Similar pages
6-6-70
Section 6-6-70 On what property and persons; endorsement on writ; taking of property into possession. Attachments may be levied on real estate, whether a fee simple or any less legal estate, or on personal property of the defendant or may be executed by summoning any person indebted to the defendant or liable to him on a contract for the delivery of personal property or for the payment of money which may be discharged by the delivery of personal property or on a contract payable in personal property or a person having in his possession, or under his control, any money or effects belonging to the defendant; and the officer executing the writ must endorse such levy or service thereon and, if practicable, take the property into his possession, unless replevied as prescribed in Division 4 of this article. (Code 1852, §2516; Code 1867, §2943; Code 1876, §3268; Code 1886, §2945; Code 1896, §540; Code 1907, §2940; Code 1923, §6188; Code 1940, T. 7, §861.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-6-70.htm - 1K - Match Info - Similar pages
28-4-225
Section 28-4-225 Application for and issuance of writ directing seizure of prohibited liquors and beverages, movable property, etc., used in connection with nuisance pending hearing of action. If the petition shall request a writ of seizure authorizing the sheriff to seize all prohibited liquors and beverages on the premises, together with all signs, screens, bars, bottles, glasses and other movable property used in keeping and maintaining said nuisance, the officer, or citizen or citizens filing the petition may, at the time they apply for a preliminary injunction, make application to the judge who grants the preliminary injunction or to the judge of the court in which the petition is or is to be filed or they may, at any time pending the hearing, make such application to said judge for such writ of seizure, and said writ may be ordered to issue when probable cause is shown, supported by oath or affirmation for the issuance of said writ, that the officer or person making the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/28-4-225.htm - 2K - Match Info - Similar pages
12-19-92
Section 12-19-92 Constables' fees generally; exception as to Jefferson County. (a) Constables shall be entitled to the following fees for the following services in civil cases in which the amount in controversy is less than $20.00: (1) Serving summons $.50 (2) Summoning each witness .25 (3) Levying an attachment for not more than $50.00 .75 (4) Levying an attachment for more than $50.00 1.00 (5) Levying an execution for not more than $50.00 .50 (6) Levying an execution for more than $50.00 1.00 (7) Making money on execution, two percent on the amount collected, but in no case less than .50 (8) Serving notice on each party therein named .25 (9) Serving notice in the nature of scire facias .50 (10) Taking any bond required by law .50 (11) Keeping property levied on, such sum as a judge may order to be paid out of the money in the hands of the constable arising from the sale (12) In cases of forcible entry and detainer, and unlawful detainer, for serving summons and writ 1.00 (13) For...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-19-92.htm - 3K - Match Info - Similar pages
28-3-242
Section 28-3-242 Procedure for confiscation and sale of goods, etc.; nature of proceedings against goods, etc.; court proceedings for collection of tax due and assessed. (a) In all cases of seizure of any goods, wares, merchandise or other property made as being subject to forfeiture under provisions of this chapter which, in the opinion of the officer or person making the seizure, are of the appraised value of $50.00 or more, the said officer or person shall proceed as follows. He shall cause a list containing a particular description of the goods, wares, merchandise or other property seized to be prepared in duplicate and appraisement thereof, to be made by three sworn appraisers to be selected by him, who shall be respectable and disinterested citizens of the State of Alabama, residing within the county wherein the seizure was made. Said list and appraisement shall be properly attested by said officer or persons, and said appraisers, for which service each of said appraisers shall...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/28-3-242.htm - 4K - Match Info - Similar pages
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.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-1-15.htm - 1K - Match Info - Similar pages
41-1-3
Section 41-1-3 Compromise of claims in favor of state. The Governor, Attorney General and Auditor have authority to adjust, compromise and settle, on such terms as to them may seem just and reasonable, any doubtful claim of the state against any person or corporation, or any public officer, or his sureties, or because of the negligence or default in the safekeeping, collection or disbursement of the public moneys, funds or property by any officer having charge or custody of either. Such settlement or compromise being made, the Governor must file a statement thereof in the office of the Treasurer, showing the nature and character of the claim, the terms of the settlement or compromise and the reasons for the making thereof. (Code 1886, §§70, 71; Code 1896, §§3753, 3754; Code 1907, §§2441, 2442; Code 1923, §§5645, 5646; Code 1940, T. 55, §§12, 13.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/41-1-3.htm - 1K - Match Info - Similar pages
|