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...
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6-6-253
Section 6-6-253 Interpleader by defendant of adverse claimant of property; force and effect
of bonds given. (a) If the defendant in a detinue action interpleads a claimant of the property
and the defendant is discharged as provided in the Alabama Rules of Civil Procedure and if
the defendant has retained possession of the chattels, giving bond, the court may order the
chattels to be delivered to such claimant on his giving bond with sufficient surety, to be
approved by the clerk, payable to the plaintiff in the penalty of the bond of the defendant
with condition that if he is not successful in the action he will, within 20 days thereafter,
deliver the chattels and pay all such damages as may be assessed for the detention thereof
and all costs adjudged against him. If such person refuses or neglects to give such bond for
three days after service of his first pleading or motion in the action, the chattels must
be delivered to the plaintiff on his giving bond with sufficient surety, to be...
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25-4-134
Section 25-4-134 Procedures for collection of delinquent contribution payments. (a) Generally.
The contributions, interest, and penalties required to be paid under this chapter shall be
a first and prior lien upon all property and rights to property, real or personal, of any
employer subject to this chapter. The lien shall arise at the time the contribution report,
or the payment of the contributions, as the case may be, was due to have been filed with or
made to the Department of Labor. The secretary may file in the office of the judge of probate
of any county in this state a certificate which shall show the name of the department for
which it is filed, the amount and nature of the contributions, interest, and penalties for
which a lien is claimed together with any costs that may have accrued, the name of the employer
against whose property a lien for such contributions, interest, and penalties is claimed and
the date thereof. An error in the certificate of the amount shall not...
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6-6-262
Section 6-6-262 Execution, garnishment, or other process on bond. If the unsuccessful party,
who has given bond and taken the property into possession fails, for 30 days after the judgment,
to deliver the property and to pay the damages assessed for the detention thereof and the
costs, the sheriff must, upon the bond, make return of the fact of such failure; and, thereupon,
the bond has the force and effect of a judgment on which execution, garnishment, or other
process may issue against any, or all, the obligors therein for the alternative value of the
property as assessed by the jury and the damages assessed for its detention and the costs.
If the property is delivered and the damages assessed for its detention and the costs are
not paid, the sheriff must, upon the bond, make return of the fact, and execution, garnishment,
or other process must issue against any or all of the obligors for such damages and costs,
or for either, as either may be unpaid. (Code 1852, §2195; Code 1867,...
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6-9-1
Section 6-9-1 Executions on judgments; forms thereof. The party in whose favor a judgment is
entered, whether for debt, damages, or costs, for the satisfaction thereof, may, within 10
years thereafter, have a writ of execution against the lands and goods of the party against
whom such judgment is entered. When the judgment is for specific property or the alternate
value, or for the possession of lands, appropriate writs of execution may issue for the satisfaction
thereof. Such writs of execution must substantially conform to the following forms: (Form
of Writ of Execution) The State of Alabama, ___ County. To any Sheriff of the State of Alabama:
You are hereby commanded that of the goods and chattels, lands, and tenements of _____, you
cause to be made the sum of _____ dollars, which _____ recovered of him on the _____ day of
_____, 2__, by the judgment of the circuit (or district) court, held for the County of _____,
besides _____ dollars, costs of the action; and have the same to...
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6-10-36
Section 6-10-36 Contest of exemption claim - Assessment of value of property and damages resulting
from detention on bond; judgment and execution on bond. When bond has been executed by the
plaintiff or defendant for the forthcoming of the property in contest, the value of the property,
and the damages resulting from its detention must be assessed by the court or jury trying
the contest. If the unsuccessful party fails for 20 days after judgment to deliver the property
and pay the damages as required by the condition of the bond, it shall be the duty of the
sheriff to make due return of that fact; and, upon such return being made, the bond shall
have the force and effect of a judgment, and execution may issue thereon against the obligors
on the bond for the value of the property and the damages assessed, or either, and costs.
(Code 1876, §2836; Code 1886, §2532; Code 1896, §2058; Code 1907, §4185; Code 1923, §7907;
Code 1940, T. 7, §650.)...
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6-6-261
Section 6-6-261 Execution upon judgment. If the party in whose favor the judgment is given
is in possession of the property in controversy, he shall retain it or, if the property is
in possession of the officer seizing it, he shall deliver it to the successful party, and
a writ of execution will issue for the damages and costs of the action. If the property is
in possession of the losing party, the execution shall command the sheriff to take the property
in controversy and deliver it to the successful party and, if the property cannot be had,
that he make the value thereof out of the goods and chattels, lands and tenements of the party
and his sureties, if any, against whom the judgment is entered and shall command that he so
make the damages assessed and costs of the action. (Code 1907, §3782; Code 1923, §7393;
Code 1940, T. 7, §922.)...
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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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6-6-160
Section 6-6-160 Claim of persons not party to writ of execution or attachment, etc., to personal
property levied on; affidavit and bond; delivery of property to claimant. When an execution,
attachment or other like writ, issued from any court or by any officer, is levied on personal
property as to which any person not a party to the writ claims to own the title, legal, or
equitable, or a lien paramount to the right, title, or interest in the property of the defendant
in the writ, such person may try the right to such property before a sale thereof upon making
affidavit by himself, his agent, or attorney, which may be taken by the officer levying the
writ or any officer authorized to administer oaths that he holds such title to, or such lien
upon, the property claimed and executing bond with two good and sufficient sureties, to be
approved by the officer making the levy and payable to the plaintiff in double the value of
the property levied on and claimed, the value thereof to be...
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6-6-259
Section 6-6-259 Actions by mortgagees or vendor in conditional sale contract, etc., against
mortgagors or vendees, etc. (a) If the action is by a mortgagee or his assignee against a
mortgagor, or one holding under him, or by a vendor who has made a conditional sale reserving
the title until the entire purchase money shall be paid, or his assignee, against his vendee
or one holding under him, the defendant may, upon suggestion, require that the jury ascertain
the amount of the mortgage debt or the unpaid balance of the purchase price of the article
sold; and if the debt due is ascertained to be less than the value of the property sued for
as assessed by the jury, judgment must be entered for the property sued for or if that is
not to be had, then for the amount of the debt as ascertained by the jury. The court must
also make an order that, if the debt so ascertained, interest and costs, shall be paid within
30 days, no execution or other process shall issue on the judgment; and on...
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