Sheriffs, Coroners and Other Officers.

Ala. Code tit. 6, ch. 6, art. 16, div. 2

in effect

Ala. Code § 6-6-680 Judgment Against Sheriff, Etc., Receiving or Executing Writ.

6-6-680. Judgment Against Sheriff, Etc., Receiving or Executing Writ. Judgment must be entered for the plaintiff, on three days’ notice, against the sheriff, coroner, or other officer receiving or executing the writ in the following cases: (1) For failing to return an execution, 20 percent on the judgment; (2) For failing to pay over money collected upon an execution, on demand of the plaintiff, his agent, or attorney, for the amount so collected and five percent per month damages from the time such demand was made; (3) For failing to make the money on an execution, which by due diligence could have been made, for the amount of the execution, interest, and 10 percent damages thereon; (4) For fraudulently making a false return, for the amount of the execution, interest, and 10 percent damages thereon; (5) For failing to notify the plaintiff, his agent, or attorney of the collection of money by execution, for five percent per month on the amount collected from the time when the notice should have been given, not to exceed $25 per month; (6) For failing to endorse on an execution the true date of its delivery to him, for 10 percent on the amount of the execution, and the officer is also responsible for any injury or loss which may arise from such omission; and (7) For failure to execute a summons, attachment, or other mesne process, which by due diligence could have been executed, for a sum not less than $50, nor more than $500, to be ascertained by a jury. This remedy shall not preclude the party injured from a resort to other legal modes of redress. (Code 1852, §§2601-2607; Code 1867, §§3031-3037; Code 1876, §§3356-3362; Code 1886, §§3100-3106; Code 1896, §§3768-3774; Code 1907, §§5904-5910; Code 1923, §§10231-10237; Code 1940, T. 7, §595.)

Ala. Code § 6-6-681 Judgment in Favor of Defendant.

6-6-681. Judgment in Favor of Defendant. Judgment must, in like manner, be entered in favor of the defendant in execution against the sheriff or coroner, on three days’ notice, in the following cases: (1) For failure to pay over on demand any excess of money which may remain upon a sale under execution after satisfaction thereof and of the costs, for the amount of such excess and five percent per month after demand; (2) For failing to return an execution wholly or partially satisfied, for 25 percent on the amount paid; and (3) For failing to pay over on demand money paid or collected on an execution, the whole or any part of which is enjoined, for the amount so enjoined and five percent per month on the amount from the time of the demand. (Code 1852, §§2608-2611; Code 1867, §§3038-3041; Code 1876, §§3363-3366; Code 1886, §§3107-3110; Code 1896, §§3775-3778; Code 1907, §§5911-5914; Code 1923, §§10238-10241; Code 1940, T. 7, §596.)

Ala. Code § 6-6-682 Judgment in Favor of Clerk of Appellate Court; Copy of Execution and Certification of Clerk as Evidence.

6-6-682. Judgment in Favor of Clerk of Appellate Court; Copy of Execution and Certification of Clerk as Evidence. (a) Judgment must, in like manner, be entered in favor of the clerk of an appellate court against the sheriff or coroner, on three days’ notice: (1) For failure to return an execution from that court; (2) For making a false return thereon; (3) For failing to make the money thereon when by due diligence it could have been made; or (4) For failing on demand to pay over money collected on execution, for the penalties prescribed in this division for the same defaults on executions issued from the circuit court. (b) On the trial of the motion by such clerk, a copy of the execution made and certified by him with the return thereon, if any was made, or a statement that no return was made, if such be the fact, together with his certificate that the execution was received by the sheriff or sent to him by mail is evidence of the facts so certified, without producing a transcript of the record from the proceedings of an appellate court, and also presumptive evidence that the writ was received by the sheriff, unless he states, under oath in writing, that he never received the writ or that he returned it according to law. (Code 1852, §§2612-2614; Code 1867, §§3042-3044; Code 1876, §§3367-3369; Code 1886, §§3111-3112; Code 1896, §§3779, 3780; Code 1907, §§5915, 5916; Code 1923, §§10242, 10243; Code 1940, T. 7, §§597, 598.)

Ala. Code § 6-6-683 Judgment Against Officer Accepting Substitute for Juror or Serving Person Other Than One to Be Drawn.

6-6-683. Judgment Against Officer Accepting Substitute for Juror or Serving Person Other Than One to Be Drawn. Any officer who accepts or receives a substitute for any person drawn as a juror or whom he is directed to summon as a juror or who intentionally serves any other person than the one drawn as a juror or whom he is directed to summon as a juror must be fined $50, to be recovered on motion by the district attorney, in the name of the state, in the circuit court of the county in which the offense is committed, on five days’ notice, one half of which shall be for the use of the county and the other half for the use of the district attorney. (Code 1876, §3371; Code 1886, §3113; Code 1896, §3781; Code 1907, §5917; Code 1923, §10244; Code 1940, T. 7, §599.)

Ala. Code § 6-6-684 Entry of Judgment in Favor of Sheriff or Coroner.

6-6-684. Entry of Judgment in Favor of Sheriff or Coroner. (a) Judgment must, in like manner, be summarily entered in favor of the sheriff or coroner, on three days’ notice of the pendency of the action: (1) Against the obligors on bonds given to indemnify such officer for levying an execution or attachment or for making sale of property so levied on or attached after judgment against him for making such levy or sale, for the amount entered against such officer, with interest from the date of judgment against him. (2) Against the deputy of the sheriff or coroner and his sureties, or either of them, for the amount of any judgment entered against the sheriff or coroner for the default of such deputy, with interest from date of judgment against him. (b) Judgment must, in like manner, be summarily entered in favor of the sheriff, on three days’ notice, against the judge of probate, for the amount of any fees received by him for such sheriff for the service of citations, notices, or other process in relation to estates of deceased persons or minors which, on demand, have not been paid over, with five percent per month from the time of such demand. (Code 1852, §2615; Code 1867, §§813, 3045; Code 1876, §§3374, 3375; Code 1886, §§3114, 3115; Code 1896, §§3782, 3783; Code 1907, §§5918, 5919; Code 1923, §§10245, 10246; Code 1940, T. 7, §§600, 601.)

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