Trial of Right of Property.

Ala. Code tit. 6, ch. 6, art. 3

in effect

Ala. Code § 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.

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 determined by the officer making the levy, but in no case to be more than double the amount of the writ levied, with condition to have the property forthcoming for the satisfaction of the judgment or claim of the plaintiff if it shall be found liable therefor and also for the payment of such costs and damages as may be recovered for interposing the claim for delay, whereupon the property levied upon must be delivered into the possession of the claimant. (Code 1852, §§2537, 2587, 2833; Code 1867, §§2695, 3016, 3279; Code 1876, §§3290, 3341, 3676; Code 1886, §§3004, 3012, 3014, 3365; Code 1896, §4141; Code 1907, §6039; Code 1923, §10375; Acts 1935, No. 418, p. 891; Code 1940, T. 7, §1168.)

Ala. Code § 6-6-161 Return of Writ, Bond and Affidavit; Issue Made Up; Burden of Proof.

6-6-161. Return of Writ, Bond and Affidavit; Issue Made Up; Burden of Proof. The officer making the levy must, except as otherwise provided in Sections 6-6-165 and 6-6-166, return the writ, affidavit and bond to court to which it is returnable, when an issue must be made up between the plaintiff in the writ and the claimant, in which the former must allege that the property claimed is the property of the defendant in the writ and is liable to its satisfaction. On the trial of such issue, the burden of proof is on the plaintiff. (Code 1852, §§2588, 2834; Code 1867, §§3017, 3280; Code 1876, §§3342, 3677; Code 1886, §§3005, 3366; Code 1896, §4142; Code 1907, §6040; Code 1923, §10376; Code 1940, T. 7, §1169.)

Ala. Code § 6-6-162 Assessment of Property Value and Damages for Delay.

6-6-162. Assessment of Property Value and Damages for Delay. If the jury or judge finds the property levied on to be liable to the satisfaction of the writ, he or they must, as far as practicable, assess the value at the time of the interposition of the claim of each article separately; and if it is a case in which execution has been levied and it is shown on the trial that the claim was interposed for delay, he or they must also assess such damages as the plaintiff may be entitled to, not more than 15 percent on the amount of the execution. (Code 1852, §§2589, 2837; Code 1867, §§3018, 3283; Code 1876, §§3343, 3680; Code 1886, §§3007, 3367; Code 1896, §4143; Code 1907, §6041; Code 1923, §10377; Code 1940, T. 7, §1170.)

Ala. Code § 6-6-163 Forfeiture of Claimant’s Bond; Execution for Amount of Judgment, Damages, and Costs.

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 costs only. (Code 1852, §§2538, 2590; Code 1867, §§2966, 3019; Code 1876, §§3291, 3344; Code 1886, §§3008, 3013, 3368; Code 1896, §4144; Code 1907, §6042; Code 1923, §10378; Code 1940, T. 7, §1171.)

Ala. Code § 6-6-164 Claims Based on Mortgage or Lien; Ascertainment of Amount; Payment by Plaintiff; Sale of Property and Application of Proceeds.

6-6-164. Claims Based on Mortgage or Lien; Ascertainment of Amount; Payment by Plaintiff; Sale of Property and Application of Proceeds. When the claim interposed is based on a mortgage or lien, the claimant must state in his affidavit the nature of the right which he claims; and, in case such claim is sustained on the trial, the amount of it, whether then due or not, with interest to the date of the trial, must be ascertained by the jury or judge, as the case may be. The plaintiff may, within 10 days from date of said ascertainment, pay to the mortgagee or his assignee or to the lien holder the amount ascertained to be due; and in such case the property shall be sold as well for the payment of the debt secured by the mortgage or the lien, as ascertained, as for the satisfaction of the plaintiff’s judgment, the proceeds of the sale to be applied first, after payment of the costs, to reimburse the plaintiff the amount so paid by him to such mortgagee or lien holder, and the claim or affidavit may be amended as provided by Section 6-6-143. (Code 1852, §2595; Code 1867, §3024; Code 1876, §3349; Code 1886, §3017; Code 1896, §4145; Code 1907, §6043; Code 1923, §10379; Code 1940, T. 7, §1172.)

Ala. Code § 6-6-165 Return - Where Execution Issued from Probate Court; Trial in Circuit Court; Return of Execution on Forfeited Bond.

6-6-165. Return - Where Execution Issued from Probate Court; Trial in Circuit Court; Return of Execution on Forfeited Bond. (a) If the levy was made under execution issued from the probate court, the sheriff must return the original execution to the court from which it issued with an endorsement thereon showing the interposition of the claim, and he must return a copy of the execution and of the returns thereon, the affidavit and the bond to the circuit court of his county, where, after 30 days, the trial of the right of property must be had according to the provisions of this article. (b) If, in the case provided for in subsection (a) of this section, the bond is forfeited, the execution on the forfeited bond must be made returnable to the court from which the original process issued, of which and of the time of its receipt by the sheriff the clerk must give the judge of probate written notice, which shall be presumptive evidence of the fact against the sheriff. (Code 1852, §§667, 678; Code 1867, §§799, 800; Code 1876, §§705, 706; Code 1886, §§3006, 3009; Code 1896, §§4146, 4147; Code 1907, §§6044, 6045; Code 1923, §§10380, 10381; Code 1940, T. 7, §§1173, 1174.)

Ala. Code § 6-6-166 Return - Where Levy Made in Different County Than Where Judgment Entered or Original Attachment Issued; Trial in Circuit Court; Effect of Copies; Forfeiture of Bond.

6-6-166. Return - Where Levy Made in Different County Than Where Judgment Entered or Original Attachment Issued; Trial in Circuit Court; Effect of Copies; Forfeiture of Bond. (a) When the levy is made in a different county from that in which the judgment was entered or the original attachment issued, if a claim is interposed to the property, it is the duty of the officer levying the writ to return the original to the court from which it issued, with a statement thereon showing the interposition of the claim and true copies of the affidavit and bond, certified by him; and he must return the original affidavit and bond and a true copy of the writ under which the levy was made, certified by him, to the circuit court of his own county, where, after 30 days, the trial of the right of property must be had. The copies thus required to be made, certified as provided in this section, must be received in lieu of and have, in all respects, the same effect as the originals. (b) If, in the case provided for in subsection (a) of this section, the property levied on is found liable to the satisfaction of the writ and is not delivered up to the sheriff of the county in which the trial of the right of property was had within 20 days thereafter, he must endorse the bond forfeited; and thereupon the clerk must issue execution as in other cases of the trial of the right of property, except that he must make the same returnable to the court from which the original writ issued, of which and of the time of its receipt by the sheriff he must give the proper officer of such court written notice, which shall be presumptive evidence of the fact against the sheriff, and he must also issue a separate execution for the costs of his own court. (Code 1852, §§2591, 2592; Code 1867, §§3020, 3021; Code 1876, §§3345, 3346; Code 1886, §§3010, 3011; Code 1896, §§4148, 4149; Code 1907, §§6046, 6047; Code 1923, §§10382, 10383; Code 1940, T. 7, §§1175, 1176.)

Ala. Code § 6-6-167 Levy on Other Property by Plaintiff Not Precluded.

6-6-167. Levy on Other Property by Plaintiff Not Precluded. The interposition of a claim for the trial of the right of property shall not prevent the plaintiff from levying on other property of the defendant in the process. (Code 1852, §2593; Code 1867, §3022; Code 1876, §3347; Code 1886, §3015; Code 1896, §4150; Code 1907, §6084; Code 1923, §10384; Code 1940, T. 7, §1177.)

Ala. Code § 6-6-168 Release of Sheriff from Damages for Seizure.

6-6-168. Release of Sheriff from Damages for Seizure. A claim interposed for the trial of the right of property is a release by the claimant in favor of the sheriff from all damages for seizing the property levied on. (Code 1852, §2594; Code 1867, §3023; Code 1876, §3348; Code 1886, §3016; Code 1896, §4151; Code 1907, §6049; Code 1923, §10385; Code 1940, T. 7, §1178.)

Source: Alabama Legislature (alison.legislature.state.al.us)URL: https://alison.legislature.state.al.us/code-of-alabamaFetched: 10/20/2026