Alabama Code (Last Updated: November 28, 2014) |
Title43 WILLS AND DECEDENTS' ESTATES. |
Chapter2. ADMINISTRATION OF ESTATES. |
Article19. Insolvent Estates. |
Division6. Report or Decree of Insolvency as Affecting Pending Civil Actions. |
§43-2-812. Judgment certified to probate court; execution for costs.
Latest version.
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If such judgment is for the plaintiff, and it is shown to the court that such estate has been declared insolvent, an order must be made to the effect that no execution issue on such judgment, but that the same be certified to the proper probate court. Upon a certified copy of such judgment being filed as a claim against the estate, it must be allowed with the costs against such estate, unless shown to have been obtained by collusion; and when such judgment is certified, the clerk may demand of the plaintiff payment of all costs incurred in obtaining the same. If the plaintiff fails for 20 days after the judgment is so certified to pay such costs, execution may issue against him for the same as in other cases.