Code of Alabama - Title 6: Civil Practice - Chapter 9 - Judgments

• Article 1 General Provisions.
• 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...
• Section 6-9-2 Right of surety paying judgment or execution
  The surety paying off such judgment or execution shall have control thereof and the same right to enforce it as the plaintiff would have had,...
• Article 2 Issuance of Executions.
• Section 6-9-20 Who may issue
  The judge of any court may frame, or cause to be issued by the clerk or register, any writ of execution or process necessary to...
• Section 6-9-21 When execution to issue - Generally
  Within 90 days from the entry of a judgment, the clerk or register must issue execution thereon in favor of the successful party unless otherwise...
• Section 6-9-22 When execution to issue - Prior to time prescribed
  Upon the entry of judgment, execution may be issued by leave of the court before the time prescribed in the Alabama Rules of Civil Procedure...
• Section 6-9-23 When execution to issue - Fraudulent disposal or removal of property by defendant
  After the entry of judgment and before the expiration of the time limited by the Alabama Rules of Civil Procedure, on affidavit being made and...
• Section 6-9-24 Alias writs
  (a) More than one writ of execution may be issued at the plaintiff's cost, though the first be not returned; and when a writ of...
• Section 6-9-25 Execution by coroner or special coroner
  When the office of sheriff is vacant and until his successor qualifies, when the sheriff is imprisoned, in cases to which he is a party,...
• Section 6-9-26 Certification of total court costs and fees to accompany execution
  At the foot, or on some part, of the execution, the clerk or register of such court shall certify the total amount of court costs...
• Section 6-9-27 Execution against plaintiff for costs
  When execution against the defendant is returned "no property found," execution may issue against the plaintiff, in the name of the clerk or the register...
• Article 3 Property Subject to Execution.
• Section 6-9-40 Real and personal property; equity of redemption therein
  Executions may be levied: (1) On real property to which the defendant has a legal title or a perfect equity, having paid the purchase money,...
• Section 6-9-41 Growing or ungathered crops
  No execution or other legal process must be levied upon a growing or ungathered crop of any description except for the purpose of enforcing liens...
• Article 4 Lien of Execution.
• 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...
• Section 6-9-61 Destruction of lien upon execution of bond for appeal, etc
  The execution of a bond for an appeal by which the judgment is suspended or the execution of a bond by the defendant upon the...
• Section 6-9-62 Levy of execution after defendant's death
  A writ of execution issued and received by the sheriff during the life of the defendant may be levied after his death or an alias...
• Section 6-9-63 Execution where defendant dead
  After six months from the date of the grant of letters testamentary or of administration on the estate of any defendant, in a judgment for...
• Article 5 Levy, Sale and Return.
• Division 1 General Provisions.
• Section 6-9-80 Time for execution and return
  The sheriff or other officer receiving an execution must execute the writ with diligence and, if practicable, perform the mandate thereof and make return of...
• Section 6-9-81 Indemnity bond
  (a) When a reasonable doubt exists whether the personal property levied on belongs to the defendant or whether personal property alleged to be his is...
• Section 6-9-82 Notice where levy on real estate
  When the levy is on real estate, personal notice thereof must be given to the defendant or a notice thereof in writing left at his...
• Section 6-9-83 Levy on property of principal first if execution against sureties
  When execution issues against two or more persons, any of whom were sureties on the contract before the judgment, the sheriff must levy on the...
• Section 6-9-84 Charging of subjected property sold by debtor
  When property is subject to a lien and part of it is sold by the debtor, the part remaining in him should be first applied...
• Section 6-9-85 Levy and sale on undivided interest in property
  When a defendant in execution shall own, or be entitled to, an undivided interest in any property not exclusively in his own possession, such interest...
• Section 6-9-86 Sale of levied property - Time and place; continuances
  Lands, when levied on under execution from any court of record, must be sold on any Monday in the month at the courthouse of the...
• Section 6-9-87 Sale of levied property - Notice
  In sales of personal property, notice must be given by advertisement at the courthouse door and also by publication in a newspaper, if one is...
• Section 6-9-88 Sale of levied property - Perishable goods and chattels - Generally
  When goods and chattels are levied on which in their nature are perishable and in danger of immediate waste or decay, the officer levying shall...
• 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...
• Section 6-9-90 Sale of levied property - Rights of debtor - Designation of property to be sold first
  When a defendant in execution shall point out any of his property on which to levy the execution, the sheriff or other officer shall be...
• Section 6-9-91 Sale of levied property - Rights of debtor - Substitution of other property
  The debtor has the right, on the day of the sale, to substitute other property of equal value, not covered by any lien, in lieu...
• Section 6-9-92 Sale of levied property - Notice to plaintiff of money made
  When the money, or any part thereof, has been made on an execution, the officer must give the plaintiff, his agent or attorney personal notice...
• Section 6-9-93 Sale of levied property - Payment to debtor
  When, at an execution sale, the amount of the sale exceeds the judgment, interest and costs, the excess must be paid to the debtor or...
• Section 6-9-94 Death of party after execution issued
  The death of any plaintiff or defendant after the issuance or the levy of an execution on personal or real estate shall not affect the...
• Section 6-9-95 Levying officer to provide sustenance for unsold livestock
  When livestock is levied on and remains in the hands of the officer for sale, he or she must provide sustenance therefor, and it is...
• Section 6-9-96 Return - Unexecuted writ
  If the writ is not executed or only executed in part, the reason why it is not executed or only executed in part must be...
• Section 6-9-97 Return - Sheriff of another county
  The return of an execution or other process by a sheriff of a county other than that from which the process issued may be made...
• Section 6-9-98 Endorsements on execution writs - Time and order of receipt
  The sheriff or other officer receiving an execution must endorse thereon the day, month, and year of its receipt, and when more than one execution...
• Section 6-9-99 Endorsements on execution writs - Description of property levied and date thereof
  When a levy is made on real or personal property, a full description thereof, with the date of the levy, must be endorsed upon or...
• Section 6-9-100 Endorsements on execution writs 12-1-14.2 12-10A-1.1 Description of land sold and price
  When land is sold under execution, a description of the land and the price obtained for it must be endorsed upon, or appended to, the...
• Section 6-9-101 Endorsements on execution writs - Amount of money collected; receipt for defendant
  When money is collected on an execution, the officer collecting it must endorse thereon, or append thereto, the amount collected, specifying the judgment, interest thereon...
• Division 2 Venditioni Exponas.
• Section 6-9-120 Return showing goods levied on unsold; issuance of writ; form of writ
  When goods levied on remain in the hands of the officer unsold, it is his duty to make return of the fact; and, thereupon, the...
• 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...
• Division 3 Conveyance.
• Section 6-9-140 Conveyance of title by sale under judicial process
  A sale regularly made by virtue of judicial process issuing from a court of competent jurisdiction shall convey the title as effectually as if the...
• Section 6-9-141 Written note or memorandum unnecessary
  No note or memorandum in writing shall be necessary to charge any person at a judicial, execution or attachment sale other than the return of...
• Section 6-9-142 Caveat emptor; when officer personally bound
  The purchaser must look for himself as to the title and soundness of all property sold under judicial process. Actual fraud or misrepresentation by the...
• Section 6-9-143 Liability of purchaser for not complying with terms of sale; form of action against purchaser
  (a) Any person who may become the purchaser of any real or personal estate at any sale which may be made at public outcry by...
• Section 6-9-144 Purchaser owner of stock, etc., sold
  The purchaser of any stock, share, interest, or judgment of the defendant, sold under execution or attachment, shall become the owner thereof in the same...
• Section 6-9-145 Enforcement of covenants running with land
  The purchaser at judicial sale may enforce any covenants of warranty running with the land which may be incorporated in the previous title deeds.
• Section 6-9-146 Void or irregular mortgage foreclosure
  A purchaser at a void or irregular judicial sale under foreclosure of a mortgage succeeds to all of the interests of the mortgagee.
• Section 6-9-147 Setting aside of sales by courts
  Courts have full power over their officers making execution or judicial sales, and whenever satisfied that a sale made under any legal process is infected...
• Section 6-9-148 When debtor bound by void sale
  Where property is sold under void process and the proceeds are applied to valid liens against the defendant, or he receives the benefit thereof, he...
• Section 6-9-149 Execution and delivery of deed to real estate sold by sheriff
  When real estate or any interest therein has been sold by any sheriff, he shall, upon compliance by the purchaser with the terms of sale...
• Section 6-9-150 Conveyance by sheriff of lands sold by predecessor
  When any sheriff authorized by law to sell real estate makes such sale and dies or vacates his office before making a conveyance to the...
• Article 6 Forthcoming Bonds.
• 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...
• Section 6-9-161 Tendering value of restored property by bond obligors where same dead or destroyed
  When property is restored to the defendant on the execution of a forthcoming bond and the same dies or is destroyed before the day for...
• Article 7 Satisying or Setting Aside of Judgments.
• Section 6-9-180 Jury trial on issues of fact
  If the motion or application is to enter satisfaction of a judgment under the Alabama Rules of Civil Procedure or to set aside the entry...
• Article 8 Revival of Judgments.
• Section 6-9-190 Revival barred after 20 years
  A judgment cannot be revived after the lapse of 20 years from its entry.
• Section 6-9-191 Judgment presumed satisfied 10 years after entry or execution
  If 10 years have elapsed from the entry of the judgment without issue of execution or if 10 years have elapsed since the date of...
• Section 6-9-192 Revival of judgment of district or circuit court when execution did not issue
  No execution shall issue on a judgment of the district or circuit court on which an execution has not been sued out within 10 years...
• Section 6-9-193 Issuance of execution in favor of personal representative or successor without revival
  When a plaintiff dies after the entry of a judgment in his favor and such judgment is unsatisfied, execution may issue thereon in favor of...
• Section 6-9-194 Revival in favor of personal representative
  When the plaintiff in any judgment dies, the same may be revived in favor of the personal representative of the plaintiff.
• Section 6-9-195 Execution in favor of surviving plaintiffs
  The death of one or more of several plaintiffs in a judgment shall not prevent the issuance of execution in favor of the survivors.
• Section 6-9-196 Transfer of judgment; right of assignee thereof to have execution; action or reviver thereon
  (a) When the transfer is made by any agent or attorney, the authority of the agent or the power of attorney shall be in writing...
• Article 9 Registration of Judgments.
• Section 6-9-210 Certificate of clerk or register to be filed with probate judge; registration and indexing by probate judge
  The owner of any judgment entered in any court of this state or of the United States held in this state may file in the...
• Section 6-9-211 Judgment constitutes lien on property of defendant
  Every judgment, a certificate of which has been filed as provided in Section 6-9-210, shall be a lien in the county where filed on all...
• Section 6-9-212 Failure of probate judge to register or index
  Any judge of probate who shall fail to make the registration or index required by Section 6-9-210 shall be liable to a penalty of $200,...
• Article 10 Uniform Enforcement of Foreign Judgments Act.
• Section 6-9-230 Short title
  This article may be cited as the "Uniform Enforcement of Foreign Judgments Act."
• Section 6-9-231 "Foreign judgment" defined
  As used in this article, the term "foreign judgment" shall mean any judgment, decree, or order of a court of the United States or of...
• Section 6-9-232 Filing judgment with clerk of circuit court; effect of judgment
  A copy of any foreign judgment authenticated in accordance with an act of Congress or the statutes of this state may be filed in the...
• Section 6-9-233 Filing requirements; notice of filing; when execution may issue
  (a) At the time of filing, the judgment creditor, or his lawyer, shall make and file with the clerk of the circuit court an affidavit...
• Section 6-9-234 Stay of enforcement of foreign judgment
  (a) If the judgment debtor shows the circuit court that an appeal from the foreign judgment is pending or will be taken, or that a...
• Section 6-9-235 Fees
  Any person filing a foreign judgment shall pay to the clerk of the circuit court an amount equal to that imposed for the filing of...
• Section 6-9-236 Right of action to enforce judgment unimpaired
  The right of a judgment creditor to bring an action to enforce his judgment instead of proceeding under this article remains unimpaired.
• Section 6-9-237 Recording of judgment in probate office
  A copy of a foreign judgment authenticated in the manner described in Section 6-9-232 and filed in the circuit court may be recorded in the...
• Section 6-9-238 Construction of article
  This article shall be so interpreted and construed as to effectuate its general purpose to make uniform the laws of those states which enact it.
• Article 11 Alabama Uniform Foreign-Country Money Judgments Recognition Act.
• Section 6-9-250 Short title
  This article may be cited as the Alabama Uniform Foreign-Country Money Judgments Recognition Act.
• Section 6-9-251 Definitions
  In this article: (1) "Foreign country" means a government other than: a. the United States; b. a state, district, commonwealth, territory, or insular possession of...
• Section 6-9-252 Applicability of article
  (a) Except as otherwise provided in subsection (b), this article applies to a foreign-country judgment to the extent that the judgment: (1) grants or denies...
• Section 6-9-253 Recognition of foreign-country judgments
  (a) Except as otherwise provided in subsections (b) and (c), a court of this state shall recognize a foreign-country judgment to which this article applies....
• Section 6-9-254 Lack of personal jurisdiction; recognition sought
  (a) A foreign-country judgment may not be refused recognition for lack of personal jurisdiction if: (1) the defendant was served with process personally in the...
• Section 6-9-255 Action seeking recognition of foreign-country judgment
  (a) If recognition of a foreign-country judgment is sought as an original matter, the issue of recognition shall be raised by filing an action seeking...
• Section 6-9-256 Judgment conclusive and enforceable
  If the court in a proceeding under Section 6-9-255 finds that the foreign-country judgment is entitled to recognition under this article, then, to the extent...
• Section 6-9-257 Stay of proceedings on appeal
  If a party establishes that an appeal from a foreign-country judgment is pending or will be taken, the court may stay any proceedings with regard...
• Section 6-9-258 Commencement of action
  An action to recognize a foreign-country judgment must be commenced within the later of the time during which the foreign-country judgment is effective in the...
• Section 6-9-259 Construction and application of article
  In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject...
• Section 6-9-260 Comity
  This article does not prevent the recognition under principles of comity or otherwise of a foreign-country judgment not within the scope of this article.
• Section 6-9-261 Date of commencement
  This article applies to all actions commenced on or after January 1, 2013, in which the issue of recognition of a foreign-country judgment is raised.

Last modified: May 3, 2021