6-6-263
Section 6-6-263 Compelling restoration of property by execution or attachment; form of writ.
(a) Any party recovering specific property may compel its restoration, when practicable, by
a writ of execution or by moving for an attachment. (b) The form of the writ of attachment
or execution mentioned in subsection (a) of this section may be substantially as follows,
though not exclusive of any other sufficient form: State of Alabama, County of ___ To any
lawful officer of the County of ___: You are hereby commanded to attach the specific personal
property and deliver the same to A. B., which he recovered of C. D. on the ____ day of _____,
in the _____ court of said county, and which was therein adjudged to be delivered to said
A. B., to wit: (describe the property), if the same may be had; or if the said C. D. secrete
or remove the said property so that it cannot be attached by you and delivered to said A.
B., then you are commanded to distrain C. D. by all his real and...
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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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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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6-9-121
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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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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39-2-12
Section 39-2-12 Partial and final payments of contractors by awarding authorities. (a) As used
in this section the following words shall have the meanings ascribed to them as follows: (1)
CONTRACTOR. Any natural person, partnership, company, firm, corporation, association, limited
liability company, cooperative, or other legal entity licensed by the Alabama State Licensing
Board for General Contractors. (2) NONRESIDENT CONTRACTOR. A contractor which is neither a.
organized and existing under the laws of the State of Alabama, nor b. maintains its principal
place of business in the State of Alabama. A nonresident contractor which has maintained a
permanent branch office within the State of Alabama for at least five continuous years shall
not thereafter be deemed to be a nonresident contractor so long as the contractor continues
to maintain a branch office within Alabama. (3) RETAINAGE. That money belonging to the contractor
which has been retained by the awarding authority conditioned on...
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40-2A-7
Section 40-2A-7 Uniform revenue procedures. (a) Maintenance of records; audit and subpoena
authority; authority to issue regulations. (1) In addition to all other recordkeeping requirements
otherwise set out in this title, taxpayers shall keep and maintain an accurate and complete
set of records, books, and other information sufficient to allow the department to determine
the correct amount of value or correct amount of any tax, license, permit, or fee administered
by the department, or other records or information as may be necessary for the proper administration
of any matters under the jurisdiction of the department. The books, records, and other information
shall be open and available for inspection by the department upon request at a reasonable
time and location. (2) The department may examine and audit the records, books, or other relevant
information maintained by any taxpayer or other person for the purpose of computing and determining
the correct amount of value or correct...
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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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6-9-160
Section 6-9-160 Restoration of property levied on to debtor upon executing bond; execution
on forfeiture of bond; exception. (a) When personal property is levied on by the sheriff,
if the defendant executes bond with sufficient surety in double the amount of the execution
payable to the plaintiff and conditioned to deliver the property levied on to the proper officer
by 12:00 noon of the day and at the place appointed for the sale thereof, the sheriff must
restore the property to the defendant. (b) If the property is not delivered according to the
condition of the bond, the sheriff must return it forfeited within five days thereafter to
the register or clerk's office out of which the execution issued, endorsing thereon a forfeiture
of the bond; and it is then the duty of the clerk or register, without delay, to issue execution
on the forfeited bond against all the obligors therein for the judgment and costs, upon which
no security of any kind can be taken, which he must endorse on the...
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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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