32-7-27
Section 32-7-27 Money or securities as proof. (a) Proof of financial responsibility may be
evidenced by the certificate of the State Treasurer that the person named in the certificate
has deposited with him or her $50,000 in cash, or securities that may legally be purchased
by savings banks or for trust funds of a market value of $50,000. The State Treasurer shall
not accept the deposit and issue a certificate pursuant to this section and the director shall
not accept the certificate unless accompanied by evidence that there are no unsatisfied judgments
of any character against the depositor in the county where the depositor resides. (b) The
deposit shall be held by the State Treasurer to satisfy, in accordance with the provisions
of this chapter, any execution on a judgment issued against the person making the deposit,
for damages, including damages for care and loss of services, because of bodily injury to
or death of any person, or for damages because of injury to or destruction of...
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6-9-60
Section 6-9-60 When writ of execution becomes lien. A writ of execution is a lien only within
the county in which it is received by the officer authorized to execute it on the lands of
the defendant in such county subject to levy and sale from the time the writ is levied by
him and notice of levy as provided in Section 35-4-132 is filed for record with the judge
of probate of such county. Such writ is a lien upon the personal property of the defendant
subject to levy and sale from the time only that the writ is levied upon such personal property.
(Code 1852, §2456; Code 1867, §2872; Code 1876, §3210; Code 1886, §2894; Code 1896, §1892;
Code 1907, §4093; Code 1923, §7808; Code 1940, T. 7, §521.)...
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6-6-684
Section 6-6-684 Entry of judgment in favor of sheriff or coroner. (a) Judgment must, in like
manner, be summarily entered in favor of the sheriff or coroner, on three days' notice of
the pendency of the action: (1) Against the obligors on bonds given to indemnify such officer
for levying an execution or attachment or for making sale of property so levied on or attached
after judgment against him for making such levy or sale, for the amount entered against such
officer, with interest from the date of judgment against him. (2) Against the deputy of the
sheriff or coroner and his sureties, or either of them, for the amount of any judgment entered
against the sheriff or coroner for the default of such deputy, with interest from date of
judgment against him. (b) Judgment must, in like manner, be summarily entered in favor of
the sheriff, on three days' notice, against the judge of probate, for the amount of any fees
received by him for such sheriff for the service of citations, notices, or...
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6-6-455
Section 6-6-455 Proceedings when garnishee liable for delivery of personal property. If the
garnishee is liable for the delivery of personal property or for the payment of money which
may be discharged by the delivery of personal property, the value of the property must be
ascertained and a judgment entered against the garnishee that if he does not, by a day to
be fixed by the court which must be a day after the maturity of such contract, deliver such
property to the sheriff or other lawful officer, he must pay the value thereof or the sum
of money which was payable therein. Upon the return of the sheriff or such other officer that
such property was not delivered or the value thereof or such sum of money was not paid to
him as required by the judgment, execution must be issued for the ascertained value of such
property or for the sum of money payable therein, if the same is less than the amount of the
judgment against the defendant in the original action, or, if more or equal thereto,...
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6-9-89
Section 6-9-89 Sale of levied property - Perishable goods and chattels - Strawberries. When
strawberries are levied on or seized under any writ of detinue, writ of attachment, or writ
of execution, the sheriff or constable making the levy or seizure shall, unless a replevy
bond or forthcoming bond is immediately executed by the defendant, proceed forthwith to sell
the strawberries so levied on or seized either at public or private sale, as he may deem best,
and the proceeds of such sale shall be by such officer paid into the court out of which said
writ was issued and shall be held by such court pending the final disposition of the case.
(Acts 1931, No. 348, p. 407; Code 1940, T. 7, §538.)...
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6-6-682
Section 6-6-682 Judgment in favor of clerk of appellate court; copy of execution and certification
of clerk as evidence. (a) Judgment must, in like manner, be entered in favor of the clerk
of an appellate court against the sheriff or coroner, on three days' notice: (1) For failure
to return an execution from that court; (2) For making a false return thereon; (3) For failing
to make the money thereon when by due diligence it could have been made; or (4) For failing
on demand to pay over money collected on execution, for the penalties prescribed in this division
for the same defaults on executions issued from the circuit court. (b) On the trial of the
motion by such clerk, a copy of the execution made and certified by him with the return thereon,
if any was made, or a statement that no return was made, if such be the fact, together with
his certificate that the execution was received by the sheriff or sent to him by mail is evidence
of the facts so certified, without producing a...
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24-1-78
Section 24-1-78 Exemption of authority property from mortgage foreclosures, levy, and execution
and judgment liens. No interest of the authority in any property, real or personal, shall
be subject to sale by the foreclosure of a mortgage thereon, either through judicial proceedings
or the exercise of a power of sale contained in such mortgage, except in the case of the mortgages
provided for in Section 24-1-74. All property of the authority shall be exempt from levy and
sale by virtue of an execution, or other process, to the same extent as now enjoyed by the
properties of towns, cities, and counties of Alabama. No judgment against the authority shall
be a charge or lien upon its property, real or personal. The provisions of this section shall
not apply to or limit the right of obligees to foreclose any mortgage of the authority provided
for in Section 24-1-74 and, in case of a foreclosure sale thereunder, to obtain a judgment
for any deficiency due on the indebtedness secured thereby...
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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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24-1-40
Section 24-1-40 Exemption of authority property from mortgage foreclosures, levy, and execution
and judgment liens. No interest of the authority in any property, real or personal, shall
be subject to sale by the foreclosure of a mortgage thereon, either through judicial proceedings
or the exercise of a power of sale contained in such mortgage, except in the case of the mortgages
provided for in Section 24-1-35. All property of the authority shall be exempt from levy and
sale by virtue of an execution, or other process, to the same extent as now enjoyed by the
properties of towns, cities, and counties of Alabama. No judgment against the authority shall
be a charge or lien upon its property, real or personal. The provisions of this section shall
not apply to or limit the right of obligees to foreclose any mortgage of the authority provided
for in Section 24-1-35 and, in case of a foreclosure sale thereunder, to obtain a judgment
for any deficiency due on the indebtedness secured thereby...
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6-5-284
Section 6-5-284 Instrument lost or destroyed by theft, etc.; evidence of loss, destruction
and contents; execution bond. (a) In an action commenced on a bond, note, bill of exchange,
or other instrument which has been lost or destroyed by theft or otherwise, if affidavit is
made by the plaintiff of such loss or destruction and the contents thereof and that the same
has not been paid or otherwise discharged and accompanies the complaint, it must be received
as presumptive evidence both of the contents and loss or destruction of such instrument, unless
the defendant by answer, verified by affidavit, denies the execution of such bond, note, or
bill or the endorsement, acceptance, or the contents thereof, in which case proof of such
execution, endorsement, acceptance, or contents must be made by the plaintiff; provided, that
this section must not be so construed as to authorize an action for the recovery of bank notes
or bills issued to circulate as money and alleged to be lost or...
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