Execution.

Ala. Code tit. 6, ch. 6, art. 2, div. 3

in effect

Ala. Code § 6-6-70 On What Property and Persons; Endorsement on Writ; Taking of Property into Possession.

6-6-70. On What Property and Persons; Endorsement on Writ; Taking of Property into Possession. Attachments may be levied on real estate, whether a fee simple or any less legal estate, or on personal property of the defendant or may be executed by summoning any person indebted to the defendant or liable to him on a contract for the delivery of personal property or for the payment of money which may be discharged by the delivery of personal property or on a contract payable in personal property or a person having in his possession, or under his control, any money or effects belonging to the defendant; and the officer executing the writ must endorse such levy or service thereon and, if practicable, take the property into his possession, unless replevied as prescribed in Division 4 of this article. (Code 1852, §2516; Code 1867, §2943; Code 1876, §3268; Code 1886, §2945; Code 1896, §540; Code 1907, §2940; Code 1923, §6188; Code 1940, T. 7, §861.)

Ala. Code § 6-6-71 Proceedings with Garnishees.

6-6-71. Proceedings with Garnishees. When attachment is executed by summoning a person indebted to the defendant, such person is called the garnishee, and the summons must be to answer as garnishees are required to answer; and, upon return of an attachment so executed, proceedings may be had as in other cases of garnishment. (Code 1852, §2517; Code 1867, §2944; Code 1876, §3269; Code 1886, §2946; Code 1896, §541; Code 1907, §2941; Code 1923, §6189; Code 1940, T. 7, §862.)

Ala. Code § 6-6-72 Levy on Joint or Separate Property.

6-6-72. Levy on Joint or Separate Property. An attachment may be levied on the joint or separate estate of joint obligors, promisors or partners, whether resident or nonresident. (Code 1852, §2518; Code 1867, §2945; Code 1876, §3270; Code 1886, §2947; Code 1896, §542; Code 1907, §2942; Code 1923, §6190; Code 1940, T. 7, §863.)

Ala. Code § 6-6-73 Levy in Any County; Holding of Attached Property.

6-6-73. Levy in Any County; Holding of Attached Property. The attachment may be executed in any county of the state by the sheriff of the county in which the property or garnishee may be found, and the sheriff must take and hold the property attached, unless replevied, subject to the order of the court in which the attachment is pending. (Code 1852, §2525; Code 1867, §2952; Code 1876, §3277; Code 1886, §2953; Code 1896, §544; Code 1907, §2944; Code 1923, §6192; Code 1940, T. 7, §865.)

Ala. Code § 6-6-74 Branch Writs.

6-6-74. Branch Writs. Branch writs of attachment may issue to any county of the state directed to any sheriff of the State of Alabama, to be executed as in Section 6-6-73. (Code 1852, §2526; Code 1867, §2954; Code 1876, §3278; Code 1886, §2954; Code 1896, §545; Code 1907, §2945; Code 1923, §6193; Code 1940, T. 7, §866.)

Ala. Code § 6-6-75 Alias Writs of Attachment or New Writs of Garnishment.

6-6-75. Alias Writs of Attachment or New Writs of Garnishment. Alias writs of attachment or new writs of garnishment may be issued without a renewal of the bond or affidavit in cases where no property, or an insufficient amount thereof to satisfy the plaintiff’s demand, has been found, or when, pending the action, the plaintiff wishes to garnish other persons. (Code 1852, §2560; Code 1867, §2988; Code 1876, §3313; Code 1886, §2955; Code 1896, §546; Code 1907, §2946; Code 1923, §6194; Code 1940, T. 7, §867.)

Ala. Code § 6-6-76 Creation of Lien.

6-6-76. Creation of Lien. The levy of an attachment or service of a garnishment creates a lien in favor of the plaintiff. (Code 1852, §2527; Code 1867, §2955; Code 1876, §3280; Code 1886, §2957; Code 1896, §548; Code 1907, §2948; Code 1923, §6196; Code 1940, T. 7, §869.)

Ala. Code § 6-6-77 Sale of Property Levied on Where Perishable or Expensive to Keep.

6-6-77. Sale of Property Levied on Where Perishable or Expensive to Keep. (a) If the property levied on is perishable or if the expense of keeping is great, it must be sold by order of the court, on motion of either party, and the proceeds of sale retained by the sheriff to await the decision of the case, unless the court otherwise directs. (b) If the property levied on is of so perishable a nature that it will deteriorate greatly in value or be destroyed before the meeting of the court or if the charge of keeping it is very great, it is the duty of the sheriff, if not replevied, to sell it at public auction, returning a statement of the facts and the money to the court. (Code 1852, §§2528, 2529; Code 1867, §§2956, 2957; Code 1876, §§3281, 3282; Code 1886, §§2958, 2959; Code 1896, §§549, 550; Code 1907, §§2949, 2950; Code 1923, §§6197, 6198; Code 1940, T. 7, §§870, 871.)

Ala. Code § 6-6-78 Order for Receipt of Sale Proceeds by Plaintiff Pending Action Upon Executing Refunding Bond; Notice of and Hearing on Motion Therefor; Forfeiture of Bond; Payment to Defendant.

6-6-78. Order for Receipt of Sale Proceeds by Plaintiff Pending Action Upon Executing Refunding Bond; Notice of and Hearing on Motion Therefor; Forfeiture of Bond; Payment to Defendant. (a) When property levied on under an attachment has been sold pending the action, on motion of the plaintiff, the judge of the court to which the attachment is returnable must, at any time after 30 days from the levy, make and cause to be entered upon the minutes of the court an order directing the officer having in his hands the proceeds of sale, after reserving an amount to be fixed in the order to cover the probable costs and charges in the case, to pay over to the plaintiff, or his attorney, the balance of such proceeds not exceeding the amount of the plaintiff’s demand, to be stated in the order, upon his giving bond in double the amount of the money to be paid over, payable to the defendant with sufficient surety to be approved by such officer and with condition that if he is cast in the action, he will pay into court the amount so paid over to him, with interest, or if he recovers in the action, and the recovery is for a sum less than the amount so paid over to him, he will pay into court the excess, with interest. Upon the execution of such bond, such officer shall pay over to the plaintiff, or his attorney, the proceeds of sale as directed in the order. Such order shall not, however, be made if, upon the hearing of the motion or at any time prior thereto, a claim to the property levied on is interposed by any person not a party to the action, or the defendant denies under oath the existence of the plaintiff’s demand. Notice of such motion and of the time and place of hearing the same must be served on the defendant, or his attorney, 10 days before the hearing thereof or, if the defendant resides out of the state and has no attorney resident of the county, such notice must be given by publication in some newspaper published in the county once a week for three successive weeks. (b) The officer taking such bond shall forthwith return the same to the clerk of the court in which the action is pending, with his endorsement thereon, showing how he has executed such order and specifying the amount paid over to the plaintiff, or his attorney, thereunder, and the date of such payment; and, if the plaintiff does not recover in the action or if he recovers and his recovery is for a less sum than the amount paid him under such order, and he fails for 30 days after the date of the entry of the judgment to pay into court the money required by the condition of his bond to be paid, the clerk shall endorse the bond forfeited and issue execution thereon against the obligors for the amount so paid to the plaintiff, or his attorney, as shown by the endorsement of the officer taking the bond, with interest from the date of such payment, if the plaintiff did not recover in the action or, if the plaintiff recovered and his recovery was for a less sum than the amount so paid, for the difference between the amount recovered and the amount received by him, with interest from the date of payment. If the plaintiff complies with the condition of the bond by paying the money into court, the same must be paid to the defendant. (Code 1876, §§3282, 3283; Code 1886, §§2960, 2961; Code 1896, §§551, 552; Code 1907, §§2951, 2952; Code 1923, §§6199, 6200; Code 1940, T. 7, §§872, 873.)

Ala. Code § 6-6-79 Proceedings Against Sheriff and Sureties for Money Received in Sale of Perishables.

6-6-79. Proceedings Against Sheriff and Sureties for Money Received in Sale of Perishables. The sheriff and his sureties, or either of them, may be proceeded against by motion, on one day’s notice, at the instance of the plaintiff or of the defendant if the plaintiff fails in the action for any money received for the sale of perishable property and judgment entered against him, or them, for the amount and five percent a month from the time of the demand. (Code 1852, §2530; Code 1867, §2958; Code 1876, §3284; Code 1886, §2962; Code 1896, §553; Code 1907, §2953; Code 1923, §6201; Code 1940, T. 7, §874.)

Ala. Code § 6-6-80 Indemnification of Sheriff by Plaintiff.

6-6-80. Indemnification of Sheriff by Plaintiff. When a doubt exists as to the title of the defendant to personal property which the sheriff is required to levy upon, he may demand indemnity from the plaintiff. (Code 1852, §2532; Code 1867, §2959; Code 1876, §3285; Code 1886, §2963; Code 1896, §554; Code 1907, §2954; Code 1923, §6202; Code 1940, T. 7, §875.)

Ala. Code § 6-6-81 Notice of Levy - Nonresident Defendant.

6-6-81. Notice of Levy - Nonresident Defendant. When an attachment is sued out against a nonresident of the state, the writ shall be returned to the clerk of the court as soon as levied upon the property of the defendant, and thereupon the clerk shall cause a notice of the attachment and levy on the defendant’s property to be advertised once a week for three successive weeks in some newspaper of general circulation in the county in which the property is found, a copy of which must be sent by mail to the defendant if his residence is known or can be ascertained; and, when such publication is perfected, the case shall stand for trial at any time after the expiration of 30 days thereafter. (Code 1852, §2510; Code 1867, §2934; Code 1876, §3259; Code 1886, §2936; Code 1896, §531; Code 1907, §2931; Code 1923, §6179; Code 1940, T. 7, §852.)

Ala. Code § 6-6-82 Notice of Levy - Resident Defendants.

6-6-82. Notice of Levy - Resident Defendants. Notice of the levy of the attachment shall be given in writing by the sheriff, or other person who makes such levy, to the defendant in person or notice thereof in writing left at his residence, if resident in the county and, if not resident in the county, but a resident of the state, then by posting up a written notice at the courthouse door and by sending a copy of the same by mail addressed to the defendant at the post office nearest his residence. (Code 1876, §3260; Code 1886, §2937; Code 1896, §532; Code 1907, §2932; Code 1923, §6180; Code 1940, T. 7, §853.)

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