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6-6-319
Section 6-6-319 Forms for judgment, restitution or possession. The following or similar forms
may be used when appropriate in forcible entry and unlawful detainer proceedings; but they
are not exclusive of other appropriate forms: Judgment. A. B. v. C. D. Came the parties on
the ______ day of _____, and upon evidence I find the said C. D. guilty of the forcible entry
and unlawful detainer (or, unlawful detainer) as complained against him by A. B., and I therefore
order and adjudge that C. D. restore to A. B. the possession of the tract of land (or tenement)
mentioned in the complaint: _____ (here designate the land or tenement), and pay the cost
of this proceeding Writ of Restitution or Possession. State of Alabama, County. ___ To any
lawful officer of said county: You are hereby commanded to restore A. B. to possession (or
place A. B. in possession) of the land and tenements (or, as the case may be) which A. B.
recovered of C. D. in an action of forcible entry and detainer (or...
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6-6-351
Section 6-6-351 Writs of restitution or possession - Suspension upon payment of rent by defendant.
(a) Notwithstanding any other provisions of law or of the Alabama Rules of Civil Procedure,
in cases of forcible entry or unlawful detainer, an appeal to circuit court or to appellate
court does not prevent the issue of a writ of restitution or possession unless the defendant
pays to the clerk of the district court all rents called for under the terms of the lease,
since the date of the filing of the action and continues to pay all rent that becomes due
and payable under the terms of the lease as they become due, during the pendency of the appeal,
and the sums are to be ascertained by the judge. (b) If the defendant should fail to make
any payments as they become due under subsection (a), the court shall issue a writ of restitution
or possession and the plaintiff shall be placed in full possession of the premises. (c) Upon
disposition of the appeal, the court shall direct the clerk as to...
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6-6-353
Section 6-6-353 Proceedings when determination is against appellant. In cases of forcible entry
or unlawful detainer, the judgment, if against the appellant, must be entered in the circuit
court against him and the sureties on the appeal or certiorari bond, including the costs in
the inferior and circuit courts, and if the appeal or certiorari was sued out by the defendant
and a supersedeas bond was executed, a writ of restitution or possession must be awarded and
judgment must also be entered against the defendant and the sureties on his supersedeas bond
for the value of the rent of the premises pending the appeal. (Code 1852, §§2866, 2867;
Code 1867, §§3315, 3316; Code 1876, §§3712, 3713; Code 1886, §3411; Code 1896, §2146;
Code 1907, §4282; Code 1923, §8023; Code 1940, T. 7, §986.)...
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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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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...
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6-6-310
Section 6-6-310 Definitions. For the purposes of this article, the following terms shall have
the meanings respectively ascribed to them by this section: (1) FORCIBLE ENTRY AND DETAINER.
Where one by force or strong hand, or by exciting fear or terror, enters upon and detains
lands or tenements in the possession of another, as by breaking open doors, windows or any
other part of a house, whether any person is within or not, by threats of violence to the
party in possession, or by words or actions that have a tendency to excite fear or apprehension
of danger, by putting out of doors or removing the goods or chattels of the party in possession,
or by entering peaceably and then by unlawful refusal, or by force or threats, turning, or
keeping the party out of possession. (2) UNLAWFUL DETAINER. Where one who has lawfully entered
into possession of lands as tenant fails or refuses, after the termination of the possessory
interest of the tenant, to deliver possession of the premises to...
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15-8-150
Section 15-8-150 Contents; sufficiency; use of analogous forms. The forms of indictment set
forth in this section in all cases in which they are applicable, are sufficient, and analogous
forms may be used in other cases. (1) CAPTION, COMMENCEMENT AND CONCLUSION GENERALLY. The
State of Alabama,) Circuit court, ___ session, ___) 20___ The grand jury of said county charge
that, before the finding of this indictment, etc. (describing the offense as in the following
forms), against the peace and dignity of the State of Alabama. E.F.J.,District Attorney of
the ______ circuit. (2) ADVERTISING, ETC., UNREGISTERED SECURITIES. A. B. did, contrary to
law, and subsequent to the ____ day of ____, 20__, advertise (or otherwise describing the
unlawful act) in this state for the purpose of inducing or securing subscriptions to or sales
of the capital stock of the X. Y. company (or otherwise describing the security so advertised),
which said stock (or other security) had not then...
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6-6-311
Section 6-6-311 To what estates applicable. Forcible entry and detainer and unlawful detainer
extend to, and comprehend, terms for years and all estates, whether freehold or less than
freehold. (Code 1852, §2853; Code 1867, §3301; Code 1876, §3698; Code 1886, §3382; Code
1896, §2128; Code 1907, §4264; Code 1923, §8002; Code 1940, T. 7, §968.)...
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6-6-330
Section 6-6-330 Jurisdiction. The forcible entry upon and detainer, or the unlawful detainer,
of lands, tenements and hereditaments is cognizable before the district court of the county
in which the offense is committed. (Code 1852, §2850; Code 1867, §3297; Code 1876, §3694;
Code 1886, §3378; Code 1896, §2124; Code 1907, §4260; Code 1923, §7998; Code 1940, T.
7, §964.)...
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36-22-9
Section 36-22-9 Execution of process required of constables; compensation and liability therefor.
The sheriff is authorized to execute all process which is required to be executed by constables
and shall receive the same fees and compensation therefor as constables, except in cases of
forcible entry and detainer and unlawful detainer, and he and his sureties on his official
bond shall be liable for any abuse of the process that he may execute under this section.
(Code 1876, §731; Code 1886, §811; Code 1896, §3741; Code 1907, §5873; Code 1923, §10199;
Code 1940, T. 54, §18.)...
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