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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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8-19-8
Section 8-19-8 Restraining orders. (a) Whenever the office of the Attorney General or the office
of the district attorney has reason to believe that any person is engaging in, has engaged
in or is about to engage in any act or practice declared to be unlawful by this chapter, the
Attorney General or the district attorney may bring an action in the name of the state against
such person to restrain by temporary restraining order, temporary or permanent injunction
such acts or practices. However, unless the Attorney General or district attorney determines
that a person subject to the provisions of this chapter designs quickly to depart from this
state or to remove his property therefrom, or to conceal himself or his property therein,
or to continue practices unlawful under this chapter, he shall, before initiating any legal
proceedings is contemplated, allow such person a reasonable opportunity to appear before the
Attorney General or district attorney and solve the dispute to the...
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12-19-91
Section 12-19-91 Clerks of Supreme Court or courts of appeals. (a) The clerks of the courts
of appeal shall be entitled to receive the following fees for the following services, to be
paid to the treasurer as provided in this article: (1) Docketing each case ..... $ .30 (2)
Entering each appearance, to include all attorneys appearing on the same side for the same
parties ..... .30 (3) Each bond ..... .50 (4) Each appeal ..... .50 (5) Each order ..... .50
(6) Each continuance ..... .25 (7) Each judgment ..... 1.00 (8) Each mandate or certificate
to the court below ..... 2.00 (9) Each writ in the nature of scire facias, certiorari, mandamus,
prohibition or other similar writ ..... 1.00 (10) Filing the same with return ..... .20 (11)
Each writ of execution ..... 1.00 (12) Taxing costs, copying and entering satisfaction .....
.85 (13) Copying opinions, record or paper, in his office, for each 100 words ..... .15 (14)
In each case an additional fee of ..... 4.00 (b) For petitions for...
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15-7-21
Section 15-7-21 Discharge of defendant - By judge or magistrate; certification and delivery
of warrant with undertaking. (a) When the offense described in the warrant is a misdemeanor
and it is not executed by the sheriff or his deputy, at the defendant's request, he may be
brought before a judge, or a magistrate when authorized by law to grant bail, of the county
in which the warrant was executed; and such judge or magistrate may, without examination,
discharge such defendant, upon sufficient bail for his appearance before the court having
cognizance of the offense. (b) The judge or magistrate admitting a defendant to bail under
the provisions of subsection (a) of this section must certify the same upon the warrant and
deliver such warrant, with the undertaking, to the officer who executed the warrant, who must
cause the same to be delivered without unnecessary delay to the clerk of the court in which
the defendant is bound by his undertaking to appear. (Code 1852, §§441, 443; Code...
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6-5-146
Section 6-5-146 Service of complaint on and answer by defendants; granting of preliminary injunction.
(a) A copy of the complaint, together with a notice of the time and place of the hearing of
the application for a preliminary injunction, shall be served upon the defendants at least
five days before such hearing. If the hearing shall then be continued at the instance of any
defendant, the temporary writ as petitioned for shall be granted as a matter of course. (b)
Each defendant so notified shall serve upon the plaintiff or the attorney filing the complaint
a verified answer on or before the date fixed in said notice for said hearing, and such answer
shall be filed with the register or clerk of the court wherein such case is triable, but the
court or judge may allow additional time for answering, providing such extension of time shall
not prevent the issuing of said temporary writ as petitioned for. (Acts 1919, No. 53, p. 52;
Code 1923, §§9287, 9288; Code 1940, T. 7, §§1098,...
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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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6-6-484
Section 6-6-484 Drawing of warrant or check for money due as salary. After such writ has been
served as provided in this division, the said agent of the state shall draw no warrant or
check for the money due such defendant as salary and included in the answer filed in said
garnishment case until said garnishment proceedings have terminated, unless said writ is dissolved
in the manner provided by the statutes. After final judgment condemning said money as provided
in this division, said agent of the state may draw a warrant or check for the money so condemned
and deliver same to the clerk of the court or to the court where such judgment was obtained.
(Acts 1923, No. 427, p. 575; Code 1923, §8093; Code 1940, T. 7, §1037.)...
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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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12-17-226.8
Section 12-17-226.8 Fees. (a) An offender may be assessed an administration fee when he or
she is approved for a pretrial diversion program established under this division. The amount
of the fee for participation in the program shall be in addition to any court costs, assessments
for crime victim's compensation fund, Department of Forensic Sciences assessments, drug, alcohol,
or anger management treatments required by law, restitution, or costs of supervision or treatment.
A schedule of payments for any of these fees may be established by the district attorney.
(b) The amount of the administration fee shall be determined by the district attorney. The
administration fees shall not exceed the amount assessed for a first offense pursuant to Section
13A-12-281(a) for each case for which the offender makes application for acceptance into the
pretrial diversion program. (c)(1) An applicant may not be denied access into the pretrial
diversion program based solely on his or her inability to...
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13A-7-60
Section 13A-7-60 Unlawfully taking possession of or going back into possession of real estate
after dispossession under legal process. Any person having no title or bona fide claim of
title thereto or right of possession, who enters upon any land, and on demand of the owner
or person entitled to the possession thereof, refuses to surrender such possession, or any
person or his privy, who, having been dispossessed of any real estate by an officer under
legal process from any court having jurisdiction of the subject matter; or any person or his
privy, who voluntarily surrenders possession of the lands as a result of a judgment of a court
of competent jurisdiction and goes back into the possession of such real estate by force or
otherwise; or who, having regained possession of such real estate, holds the same by force
or threats without having been restored to the possession of such real estate by an order
of a court of competent jurisdiction, shall, on conviction, be fined not less than...
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