General Provisions.

Ala. Code tit. 6, ch. 6, art. 16, div. 1

in effect

Ala. Code § 6-6-660 Notice of Motion for Judgment.

6-6-660. Notice of Motion for Judgment. Judgment may be entered summarily against the persons and for defaults stated in this article, upon notice in writing by the party aggrieved that a motion will be made for judgment, succinctly stating in such notice the cause for which such motion will be made and the court, the time and the place the motion will be submitted. (Code 1852, §2596; Code 1867, §3025; Code 1876, §3351; Code 1886, §3095; Code 1896, §3763; Code 1907, §5899; Code 1923, §10226; Code 1940, T. 7, §591.)

Ala. Code § 6-6-661 Venue.

6-6-661. Venue. The summary remedies given in this article must be enforced in the manner following, except in cases otherwise specially provided in this article: (1) When the motion is against a sheriff, coroner, clerk, or other officer of court, or their sureties, the motion must be made in the circuit court of the county in which such officer was acting officially at the time of the default or in the court to which the process was returnable when the default consists in the failure to execute or return process or to pay over money collected thereon; and (2) In all other cases not specially provided for, the motion must be made in the circuit court of the county in which the person moved against resides or, if he has no permanent residence, then in any county where he may be found. (Code 1852, §2600; Code 1867, §3029; Code 1876, §3355; Code 1886, §3099; Code 1896, §3767; Code 1907, §5903; Code 1923, §10230; Code 1940, T. 7, §594.)

Ala. Code § 6-6-662 Parties.

6-6-662. Parties. The motion may be made by the party aggrieved or his legal representative against the person in default and the sureties upon his official bond, and the judgment must be entered against such of the parties, whether principal or surety, as may have received notice of the intended motion. (Code 1852, §2597; Code 1867, §3026; Code 1876, §3352; Code 1886, §3096; Code 1896, §3764; Code 1907, §5900; Code 1923, §10227; Code 1940, T. 7, §592.)

Ala. Code § 6-6-663 Hearing and Determination.

6-6-663. Hearing and Determination. Unless in cases otherwise directed by this article, the court must hear and determine the motion and enter judgment upon the evidence without a jury unless an issue is tendered and a jury trial demanded, when a jury must be immediately impaneled to try the facts, unless good cause shall be shown for a continuance. (Code 1852, §2599; Code 1867, §3028; Code 1876, §3354; Code 1886, §3098; Code 1896, §3766; Code 1907, §5902; Code 1923, §10229; Code 1940, T. 7, §593.)

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