General Provisions.

Ala. Code tit. 6, ch. 6, art. 4, div. 1

in effect

Ala. Code § 6-6-180 Complaint to Compel Discovery, Etc., of Property - Execution for Money Not Satisfied.

6-6-180. Complaint to Compel Discovery, Etc., of Property - Execution for Money Not Satisfied. When an execution for money from any court has been issued against a defendant and is not satisfied, the plaintiff, or the person for whose benefit such execution is sued out, may file a complaint against such defendant to compel the discovery of any property belonging to him, or held in trust for him, and to prevent the transfer, payment or delivery thereof to such defendant, except when the trust has been created by, or proceeded from, some other person than the defendant himself; and the court may bring any other party before it and adjudge such property, or the interest of the defendant therein, to the satisfaction of the sum due the plaintiff. (Code 1852, §2987; Code 1867, §3442; Code 1876, §3882; Code 1886, §3540; Code 1896, §814; Code 1907, §3735; Code 1923, §7338; Code 1940, T. 7, §893.)

Ala. Code § 6-6-181 Complaint to Compel Discovery, Etc., of Property - Intent to Hinder, Delay, or Defraud Creditors; Charge of Fraud to Be Answered; Use of Answer as Evidence on Fraud Indictment.

6-6-181. Complaint to Compel Discovery, Etc., of Property - Intent to Hinder, Delay, or Defraud Creditors; Charge of Fraud to Be Answered; Use of Answer as Evidence on Fraud Indictment. (a) A complaint for discovery may be filed and the defendant compelled to answer such complaint when the defendant is charged with having confessed or suffered a judgment, where no portion or a part only of such judgment is due, with the intent to hinder, delay, or defraud creditors or with having conveyed his property with the like intent. (b) A defendant may be compelled to answer a complaint in the circuit court charging him with any fraud affecting the rights or property of others. (c) No answer made to a complaint under the provisions of subsections (a) and (b) of this section can be read in evidence against the defendant on an indictment for any fraud charged in the complaint. (Code 1852, §§2988-2990; Code 1867, §§3443-3445; Code 1876, §§3883-3885; Code 1886, §§3541-3543; Code 1896, §§815-817; Code 1907, §§3736-3738; Code 1923, §§7339-7341; Code 1940, T. 7, §§894-896.)

Ala. Code § 6-6-182 Complaint to Compel Discovery, Etc., of Property - Creditor Without Lien.

6-6-182. Complaint to Compel Discovery, Etc., of Property - Creditor Without Lien. A creditor without a lien may file a complaint to discover, or to subject to the payment of his debt, any property which has been fraudulently transferred or conveyed or attempted to be fraudulently transferred or conveyed by his debtor. (Code 1867, §3446; Code 1876, §3886; Code 1886, §3544; Code 1896, §818; Code 1907, §3739; Code 1923, §7342; Code 1940, T. 7, §897.)

Ala. Code § 6-6-183 Complaint for Discovery of Assets - Execution Returned “No Property Found” or Creditor Without Lien or Judgment; Answer of Debtor.

6-6-183. Complaint for Discovery of Assets - Execution Returned “No Property Found” or Creditor Without Lien or Judgment; Answer of Debtor. A creditor, having obtained a judgment upon which execution has issued and been returned “no property found” or a creditor without a lien or judgment may, in a court of competent jurisdiction of the county in which the judgment debtor resides or in a like court of the county in which the judgment was entered, file a complaint for the discovery of the assets of the debtor subject to the payment of debts; and the debtor must answer on oath and disclose all property, real or personal, in which he may have or may claim an interest, legal or equitable; all moneys, effects, or choses in action in which he may have or may claim an interest, legal or equitable; where such property, real or personal, is situated or may be found; who has or may claim possession thereof; in whose possession are the moneys, effects, or choses in action in which he has or may claim an interest, legal or equitable and where such moneys, effects, or choses in action may be found. (Code 1876, §3887; Code 1886, §3545; Code 1896, §819; Code 1907, §3740; Code 1923, §7343; Code 1940, T. 7, §898.)

Ala. Code § 6-6-184 Complaint for Discovery of Assets - Joinder of Judgment Creditors, Creditors Without Liens, or Judgments and Assignees of Judgments.

6-6-184. Complaint for Discovery of Assets - Joinder of Judgment Creditors, Creditors Without Liens, or Judgments and Assignees of Judgments. Any number of judgment creditors upon whose judgments executions have issued and been returned “no property found” or creditors without liens or judgments may join as plaintiffs in such complaint. The assignee of a judgment or the several assignees of several judgments may maintain such complaint. It is no objection to such complaint that judgment creditors, creditors without liens, or judgments and the assignees of judgments, or any two or more of them, are joined as plaintiffs therein. (Code 1886, §3546; Code 1896, §820; Code 1907, §3771; Code 1923, §7344; Code 1940, T. 7, §899.)

Ala. Code § 6-6-185 Complaint for Discovery of Assets - Orders or Judgments; Appointment of Receiver.

6-6-185. Complaint for Discovery of Assets - Orders or Judgments; Appointment of Receiver. If, from the answer, it appears that the defendant has property, real and personal, or an interest in property, real or personal, subject to the payment of debts, or has money, effects, or choses in action or an interest in moneys, effects, or choses in action subject to the payment of debts, whether such property, money, effects, or choses in action are within or without the state, the court must make all such orders or judgments as may be necessary and proper to reach and subject such property, moneys, effects, or choses in action and, for that purpose, may appoint a receiver with authority to demand, commence an action for and recover or otherwise to reduce to possession such property, moneys, effects, or choses in action and may require the debtor to make to such receiver all conveyances, assignments, or transfers which may be necessary and proper to enable him to receive or to commence an action for and recover such property. (Code 1876, §3888; Code 1886, §3547; Code 1896, §821; Code 1907, §3742; Code 1923, §7345; Code 1940, T. 7, §900.)

Ala. Code § 6-6-186 Examination of Debtor as to His Property, Etc.

6-6-186. Examination of Debtor as to His Property, Etc. (a) After answer filed on the application of the plaintiff showing a necessity therefor, which application must be verified by oath, the judge may order an examination of the debtor before the register or clerk or before an examiner specially appointed, touching and concerning his property, real or personal, moneys, effects, and choses in action; and it is the duty of the debtor to attend at the time and place to which he may be summoned by the register, clerk, or examiner and submit to such examination. (b) The provisions of this section apply to any complaint filed under this article. (Code 1876, §3887; Code 1886, §3548; Code 1896, §822; Code 1907, §3743; Code 1923, §7346; Code 1940, T. 7, §901.)

Ala. Code § 6-6-187 Subjecting Unpaid Subscriptions to Satisfy Payment of Judgment Against Corporation.

6-6-187. Subjecting Unpaid Subscriptions to Satisfy Payment of Judgment Against Corporation. A judgment creditor of a corporation, having an execution returned, “no property found,” may, by complaint in a court of competent jurisdiction, subject to the payment of his judgment the unpaid subscription of one or more stockholders in such corporation without joining the other stockholders and without regard to whether the corporation has called for such subscription or could commence an action therefor against the stockholder. (Code 1896, §823; Code 1907, §3744; Code 1923, §7347; Code 1940, T. 7, §902.)

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