Chapter6. REMEDIES.  


Article 1. Settlement of Controversies.
Division 1. Arbitration and Award.
§ 6-6-1. Duty of courts to encourage settlement of pending controversies.
§ 6-6-2. Reference of controversy when no action pending to arbitrators.
§ 6-6-3. Statement of dispute; naming of arbitrators; delivery of submission with list of witnesses.
§ 6-6-4. Arbitrators - Duties generally.
§ 6-6-5. Arbitrators - Substitution; award by majority.
§ 6-6-6. Arbitrators - Oath.
§ 6-6-7. Arbitrators - Power to subpoena witnesses, administer oaths and take depositions.
§ 6-6-8. Subpoena of witnesses - Execution.
§ 6-6-9. Subpoena of witnesses - Liability on default.
§ 6-6-10. Fees and charges - Arbitrators, witnesses, sheriffs and constables; how paid.
§ 6-6-11. Fees and charges - Refusal to testify or deliver award until paid; recovery by party not liable therefor.
§ 6-6-12. Award - Proceedings when not performed; force and effect.
§ 6-6-13. Award - Enforcement.
§ 6-6-14. Award - Conclusive between parties and final; exceptions.
§ 6-6-15. Award - Appeals.
§ 6-6-16. Common-law arbitration not precluded.
Division 2. Mandatory Mediation Prior To Trial.
§ 6-6-20. Definition; instances requiring mediation; sanctions; exceptions; etc.
Division 3. Mediator May Not be Compelled to Testify or Provide Documents.
§ 6-6-25. Definitions; legislative findings; compelled testimony, etc., of mediators.
Division 4. Alabama Uniform Collaborative Law Act.
§ 6-6-26. Short title.
§ 6-6-26.01. Definitions.
§ 6-6-26.02. Applicability.
§ 6-6-26.03. Collaborative law participation agreement; requirements.
§ 6-6-26.04. Beginning and concluding collaborative law process.
§ 6-6-26.05. Proceedings pending before tribunal; status report.
§ 6-6-26.06. Emergency order.
§ 6-6-26.07. Approval of agreement by tribunal.
§ 6-6-26.08. Disqualification of collaborative lawyer and lawyers in associated law firm.
§ 6-6-26.09. Low income parties.
§ 6-6-26.10. Governmental entity as party.
§ 6-6-26.11. Disclosure of information.
§ 6-6-26.12. Standards of professional responsibility and mandatory reporting not affected.
§ 6-6-26.13. Appropriateness of collaborative law process.
§ 6-6-26.14. Coercive or violent relationship.
§ 6-6-26.15. Confidentiality of collaborative law communication.
§ 6-6-26.16. Privilege against disclosure for collaborative law communication; admissibility; discovery.
§ 6-6-26.17. Waiver and preclusion of privilege.
§ 6-6-26.18. Limits of privilege.
§ 6-6-26.19. Authority of tribunal in case of noncompliance.
§ 6-6-26.20. Uniformity of application and construction.
§ 6-6-26.21. Relation to Electronic Signatures in Global and National Commerce Act.
Article 2. Attachment.
Division 1. General Provisions.
§ 6-6-30. Applicability of article to private corporations.
Division 2. Issuance.
§ 6-6-40. Form.
§ 6-6-41. Matters for which issued.
§ 6-6-42. Cases in which issued.
§ 6-6-43. By whom issued.
§ 6-6-44. Oath of plaintiff.
§ 6-6-45. Execution of bond by plaintiff; discharge of levy.
§ 6-6-46. When additional affidavit of special facts and circumstances to determine amount of levy required; reduction of sum.
§ 6-6-47. By executors and administrators.
§ 6-6-48. By one nonresident against another nonresident.
§ 6-6-49. By foreign or domestic corporations.
§ 6-6-50. Security for costs by nonresident or foreign corporation.
§ 6-6-51. Against foreign corporations.
§ 6-6-52. When issued and executed on Sunday.
§ 6-6-53. Return of bond and affidavit.
Division 3. Execution.
§ 6-6-70. On what property and persons; endorsement on writ; taking of property into possession.
§ 6-6-71. Proceedings with garnishees.
§ 6-6-72. Levy on joint or separate property.
§ 6-6-73. Levy in any county; holding of attached property.
§ 6-6-74. Branch writs.
§ 6-6-75. Alias writs of attachment or new writs of garnishment.
§ 6-6-76. Creation of lien.
§ 6-6-77. Sale of property levied on where perishable or expensive to keep.
§ 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.
§ 6-6-79. Proceedings against sheriff and sureties for money received in sale of perishables.
§ 6-6-80. Indemnification of sheriff by plaintiff.
§ 6-6-81. Notice of levy - Nonresident defendant.
§ 6-6-82. Notice of levy - Resident defendants.
Division 4. Replevy of Property.
§ 6-6-100. By whom; execution of bond.
§ 6-6-101. Forfeiture of bond; execution on bond.
§ 6-6-102. Tender of value if property dead or destroyed.
Division 5. Ancillary Attachments.
§ 6-6-120. In aid of pending action.
§ 6-6-121. When defendants evade service of process; dismissal of attachment.
Division 6. Trial Proceedings.
§ 6-6-140. Filing of complaint in actions begun by attachment - Time.
§ 6-6-141. Filing of complaint in actions begun by attachment - Issuance and service of summons; default judgment.
§ 6-6-142. Dismissal of attachment.
§ 6-6-143. Construction of attachment law; amendments; dismissal.
§ 6-6-144. Suspending entry of judgment - Against executor or administrator.
§ 6-6-145. Suspending entry of judgment - Against defendant while claims, etc., settled.
§ 6-6-146. Restoration of property to claimant at plaintiff's cost.
§ 6-6-147. Execution upon judgment by plaintiff.
§ 6-6-148. Action by defendant - On attachment bond for damages.
§ 6-6-149. Action by defendant - Venue for actions on injunction bond or attachment bond in cases of injunction or bankruptcy.
Article 3. Trial of Right of Property.
§ 6-6-160. Claim of persons not party to writ of execution or attachment, etc., to personal property levied on; affidavit and bond; delivery of property to claimant.
§ 6-6-161. Return of writ, bond and affidavit; issue made up; burden of proof.
§ 6-6-162. Assessment of property value and damages for delay.
§ 6-6-163. Forfeiture of claimant's bond; execution for amount of judgment, damages and costs.
§ 6-6-164. Claims based on mortgage or lien; ascertainment of amount; payment by plaintiff; sale of property and application of proceeds.
§ 6-6-165. Return - Where execution issued from probate court; trial in circuit court; return of execution on forfeited bond.
§ 6-6-166. Return - Where levy made in different county than where judgment entered or original attachment issued; trial in circuit court; effect of copies; forfeiture of bond.
§ 6-6-167. Levy on other property by plaintiff not precluded.
§ 6-6-168. Release of sheriff from damages for seizure.
Article 4. Creditors' Actions.
Division 1. General Provisions.
§ 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.
§ 6-6-180. Complaint to compel discovery, etc., of property - Execution for money not satisfied.
§ 6-6-182. Complaint to compel discovery, etc., of property - Creditor without lien.
§ 6-6-183. Complaint for discovery of assets - Execution returned "no property found" or creditor without lien or judgment; answer of debtor.
§ 6-6-184. Complaint for discovery of assets - Joinder of judgment creditors, creditors without liens, or judgments and assignees of judgments.
§ 6-6-185. Complaint for discovery of assets - Orders or judgments; appointment of receiver.
§ 6-6-186. Examination of debtor as to his property, etc.
§ 6-6-187. Subjecting unpaid subscriptions to satisfy payment of judgment against corporation.
Division 2. Discovery of Assets.
§ 6-6-200. Statement of assets - Notice to debtor to file; contents.
§ 6-6-201. Statement of assets - Order to appear before court for oral examination; production of papers, etc.
§ 6-6-202. Statement of assets - Refusal to file or submit to oral examination.
§ 6-6-203. Taxation of costs.
§ 6-6-204. Remedy deemed cumulative.
Article 5. Declaratory Judgments.
§ 6-6-220. "Person" defined.
§ 6-6-221. Purpose, construction and administration of article.
§ 6-6-222. Power of courts of record; form and effect of declarations.
§ 6-6-223. Construction or validity of instruments, statutes, ordinances, contracts, or franchises.
§ 6-6-224. Construction of contracts before or after breach.
§ 6-6-225. Questions on administration of trust or estate of a decedent, etc.
§ 6-6-226. Enumeration in Sections 6-6-223, 6-6-224, and 6-6-225 not exclusive.
§ 6-6-227. Persons to be made parties; rights of persons not parties.
§ 6-6-228. Determination of issue of fact.
§ 6-6-229. When refusal proper.
§ 6-6-230. Granting of further relief; application therefor; order to show cause.
§ 6-6-231. Awarding of costs.
§ 6-6-232. Review of orders and judgments.
Article 6. Detinue.
§ 6-6-250. Duty of clerk to require taking of property by sheriff unless defendant gives bond; disposition of property on failure to give bond.
§ 6-6-251. Service of process in action for recovery of household furniture and equipment; effect thereof.
§ 6-6-252. Intervention by claimant of property; disposition of property.
§ 6-6-253. Interpleader by defendant of adverse claimant of property; force and effect of bonds given.
§ 6-6-254. Return of bonds; liability of sheriff for failing to do so; compelling making of return.
§ 6-6-255. Proceedings when officer fails to find and take property.
§ 6-6-256. Assessment of value and damages and judgment - Trial of action.
§ 6-6-257. Assessment of value and damages and judgment - Dismissal of action.
§ 6-6-258. Assessment of value and damages and judgment - Failure of defendant to appear and plead.
§ 6-6-259. Actions by mortgagees or vendor in conditional sale contract, etc., against mortgagors or vendees, etc.
§ 6-6-260. Recovery of attorney's fee by person claiming to be owner of lost or stolen property.
§ 6-6-261. Execution upon judgment.
§ 6-6-262. Execution, garnishment, or other process on bond.
§ 6-6-263. Compelling restoration of property by execution or attachment; form of writ.
§ 6-6-264. Issuance of writs until judgment satisfied.
Article 7. Ejectment.
§ 6-6-280. Election to proceed by action of ejectment or action in nature of ejectment; proceedings upon action in nature of ejectment.
§ 6-6-281. Recovery of lands by or in name of state for schools or other educational or governmental institutions.
§ 6-6-282. Actions by mortgagee, etc., against mortgagors, etc.
§ 6-6-283. Demanding abstract of title to be relied on for recovery or defense; proceedings upon failure to furnish same.
§ 6-6-284. Disclaimer of possession by defendant.
§ 6-6-285. Proceedings upon defendant's suggestion of disputed boundary line.
§ 6-6-286. Proceedings upon defendant's suggestion of adverse possession.
§ 6-6-287. Joinder of landlord as party defendant; continuation of action against tenant.
§ 6-6-288. Liability - Tenant in possession.
§ 6-6-289. Liability - Person holding possession under color of title.
§ 6-6-290. Effect of judgment by default.
§ 6-6-291. What verdict for plaintiff to specify.
§ 6-6-292. Judgment - Damages only.
§ 6-6-293. Judgment - Rent of premises after judgment and before possession.
§ 6-6-294. Retention of possession for one year by defendant if crop planted or growing upon filing bond; force and effect of bond.
§ 6-6-295. Damages - When assessed in severalty.
§ 6-6-296. Damages - Exemplary or punitive.
§ 6-6-297. Issuance of writs before judgment satisfied.
§ 6-6-298. Two judgments in defendant's favor bar further action.
Article 8. Forcible Entry and Unlawful Detainer.
Division 1. General Provisions.
§ 6-6-310. Definitions.
§ 6-6-311. To what estates applicable.
§ 6-6-312. Commencement of action where property held jointly.
§ 6-6-313. Effect of temporary absence.
§ 6-6-314. Liability of lessee holding over; how such recovered.
§ 6-6-315. Uninterrupted occupation for three years bars action.
§ 6-6-316. Action of trespass, etc., not precluded.
§ 6-6-317. Notice or demand.
§ 6-6-318. Courts deemed always open.
§ 6-6-319. Forms for judgment, restitution or possession.
Division 2. Proceedings.
§ 6-6-330. Jurisdiction.
§ 6-6-331. Venue.
§ 6-6-332. Process - Form of notice; service and return thereof.
§ 6-6-333. Process - Neglect or refusal to execute by sheriff or constable.
§ 6-6-334. Failure of witnesses to attend or refusal to testify.
§ 6-6-335. Proceedings when parties appear or defendant fails to do so.
§ 6-6-336. Extent of inquiry.
§ 6-6-337. Proceedings upon determination for either plaintiff or defendant.
Division 3. Appeals.
§ 6-6-350. To circuit court from district court.
§ 6-6-351. Writs of restitution or possession - Suspension upon payment of rent by defendant.
§ 6-6-352. Writs of restitution or possession - Issuance by circuit court.
§ 6-6-353. Proceedings when determination is against appellant.
Article 9. Garnishments.
Division 1. General Provisions.
§ 6-6-370. "Garnishment" defined.
§ 6-6-371. Applicability of Section 6-6-143.
Division 2. Institution of Proceedings.
§ 6-6-390. When process of garnishment obtainable.
§ 6-6-391. Affidavit of amount due plaintiff.
§ 6-6-392. Bond required when garnishment in aid of pending action; exception as to Superintendent of Banks.
§ 6-6-393. Issuance and service of process.
§ 6-6-394. Notice to defendant.
§ 6-6-395. Revival of proceedings when garnishee or contestant dies.
Division 3. What May Be Garnished.
§ 6-6-410. Debt or demand on which action pending.
§ 6-6-411. Executors and administrators.
§ 6-6-412. Money in hands of attorney, sheriff, or other officer.
§ 6-6-413. Money or effects in hands of trustee; exception.
§ 6-6-414. Unpaid subscription of stock.
Division 4. Bond by Defendant.
§ 6-6-430. Filing of bond; discharge of money or property from garnishment; proceedings as if bond not executed; judgment; discharge of garnishee.
§ 6-6-431. Bond in double amount; dissolution of garnishment and discharge of all garnishees; judgment against obligors.
Division 5. Answer of Garnishee.
§ 6-6-450. Filing of answer; notice thereof; oral examination.
§ 6-6-451. Answers on behalf of corporations.
§ 6-6-452. Payment of defendant's money into court if garnishee admits possession thereof.
§ 6-6-453. Payment of indebtedness or liability to clerk; effect thereof; ordering of deposit by court.
§ 6-6-454. Judgment where answer admits indebtedness to defendant.
§ 6-6-455. Proceedings when garnishee liable for delivery of personal property.
§ 6-6-456. Judgment and proceedings if possession of effects subject to levy and sale admitted.
§ 6-6-457. Proceedings on failure to appear and answer.
§ 6-6-458. Controverting of answer by plaintiff, etc.
§ 6-6-459. Contest of answer by defendant.
§ 6-6-460. Judgment when issue found against garnishee.
§ 6-6-461. Effect of judgment for plaintiff as between garnishee and defendant.
§ 6-6-462. Payment of costs to garnishee upon discharge.
§ 6-6-463. Disposition of claims of other persons suggested by garnishee.
§ 6-6-464. Appeals.
Division 6. Salaries of Public Officials or Employees.
§ 6-6-480. "Salary" defined.
§ 6-6-481. Who may be garnished; how effected.
§ 6-6-482. Writ to issue only after final judgments on actions ex contractu.
§ 6-6-483. Answer of state official garnished to show assent to judgment.
§ 6-6-484. Drawing of warrant or check for money due as salary.
Division 7. Salaries of Parents Under Court Order to Provide Child Support.
Article 10. Injunctions.
§ 6-6-500. Who may grant.
§ 6-6-501. Dissolution of preliminary injunction.
§ 6-6-502. Enjoining or restraining enforcement of ordinance.
§ 6-6-503. Enjoining unauthorized or unlawful practice of profession, occupation, or calling.
Article 11. Intemperates and Inebriates.
§ 6-6-520. Complaint to preserve estate of intemperate from waste and for general relief.
§ 6-6-521. Securing estate against further waste pending action.
§ 6-6-522. Trustee - Appointment.
§ 6-6-523. Trustee - Duties.
§ 6-6-524. Trustee - Control by appointing court.
§ 6-6-525. Trustee - Partial and final settlements of account.
§ 6-6-526. Trustee - Compensation.
§ 6-6-527. Restoration of estate.
Article 12. Quieting Title and Determination of Claims to Land.
Division 1. Proceedings in Personam.
§ 6-6-540. Right of action to settle title to lands by person in peaceable possession thereof.
§ 6-6-541. Contents of complaint.
§ 6-6-542. Contents of answer.
§ 6-6-543. Trial by jury or determination by court; entry and effect of judgment.
§ 6-6-544. Filing of judgment.
§ 6-6-545. Costs.
§ 6-6-546. Commencement of action by state.
Division 2. Proceedings in Rem.
§ 6-6-560. Who may file complaint to establish right or title to lands or interest therein.
§ 6-6-561. Contents of complaint.
§ 6-6-562. Appointment of guardians ad litem.
§ 6-6-563. Service of process.
§ 6-6-564. Publication of notice.
§ 6-6-565. Time to answer; default judgments.
§ 6-6-566. Prima facie and conclusive evidence of title.
§ 6-6-567. Interest or title to be shown by legal evidence.
§ 6-6-568. Intervention.
§ 6-6-569. Judgment - Contents.
§ 6-6-570. Judgment - Recordation.
§ 6-6-571. Assessment of costs.
§ 6-6-572. To whom title or interest inures.
§ 6-6-573. Remedy and procedure cumulative.
Article 13. Quo Warranto.
§ 6-6-590. Right of action and venue - Vacating charter or annulling existence of corporation.
§ 6-6-591. Right of action and venue - Usurpation, etc., of office or franchise, etc.
§ 6-6-592. Complaint to be clear and concise.
§ 6-6-593. Court always open; return of summons; setting of case for trial; trial by court or jury.
§ 6-6-594. Joinder - Alleged corporation as party defendant.
§ 6-6-595. Joinder - Informant.
§ 6-6-596. Effect of informant's death.
§ 6-6-597. Addition of person rightly entitled to office; entry of judgment on such right; delivery of books, papers, and property.
§ 6-6-598. Validity of election not triable.
§ 6-6-599. Judgment - Dissolving corporation and excluding same from corporate rights, etc.
§ 6-6-600. Judgment - Excluding defendant from office or franchise or prohibiting practice of profession.
§ 6-6-601. Costs - Assessment.
§ 6-6-602. Costs - Liability of informant's sureties.
§ 6-6-603. Appeals - Generally.
§ 6-6-604. Appeals - Stay of execution on judgment.
Article 14. Receivers.
§ 6-6-620. Appointment - Power of circuit court judge, register, or clerk.
§ 6-6-621. Appointment - Appeal when appointed by register or clerk.
§ 6-6-622. Appointment - Posting of bond by applicant; recovery upon bond.
§ 6-6-623. Appointment - Partnerships; power of court to make orders relative to partnership business, etc.; modification or vacation of appointment or orders.
§ 6-6-624. Appointment - Dissolution of attachments and levies of executions against corporations or partnerships.
§ 6-6-625. Payment of salaries, commissions, and wages before general liabilities of corporation or partnership paid.
§ 6-6-626. Commencement of actions against receivers or managers of property.
§ 6-6-627. Service of process on foreign or domestic receivers.
§ 6-6-628. Removal and filling of vacancies.
Article 15. Remedial Writs.
§ 6-6-640. Commencement by petition; answer thereto; amendments; relief upon issues presented.
§ 6-6-641. Appeals.
§ 6-6-642. Effect of article.
Article 16. Statutory Summary Proceedings Involving Officials.
Division 1. General Provisions.
§ 6-6-660. Notice of motion for judgment.
§ 6-6-661. Venue.
§ 6-6-662. Parties.
§ 6-6-663. Hearing and determination.
Division 2. Sheriffs, Coroners and Other Officers.
§ 6-6-680. Judgment against sheriff, etc., receiving or executing writ.
§ 6-6-681. Judgment in favor of defendant.
§ 6-6-682. Judgment in favor of clerk of appellate court; copy of execution and certification of clerk as evidence.
§ 6-6-683. Judgment against officer accepting substitute for juror or serving person other than one to be drawn.
§ 6-6-684. Entry of judgment in favor of sheriff or coroner.
Division 3. Clerks and Registers.
§ 6-6-700. Entry of judgment against clerk, register, or their sureties.
Division 4. Officers and Other Persons Receiving Public Moneys.
§ 6-6-720. Entry of summary judgment in favor of state against certain defaulters or sureties.
§ 6-6-721. Forfeiture of half of compensation by tax collector, tax assessor, or probate judge for failure to discharge duties.
§ 6-6-722. Judgment against county treasurer, etc., failing to pay allowed claim.
§ 6-6-723. Judgment for failure to pay over moneys collected or received for county.
Division 5. Attorneys-at-Law.
§ 6-6-740. Judgment for failure to pay over money collected or deliver personal property recovered in capacity as attorney.
Article 17. Validation of County, City, etc., Obligations.
§ 6-6-750. Definitions.
§ 6-6-751. Right to file petition to determine validity of obligations.
§ 6-6-752. Contents of petition; order to show cause; service of petition and order on district attorney; publication of public notice.
§ 6-6-753. Hearing and determination; contents of judgment.
§ 6-6-754. Appeal from judgment of circuit court.
§ 6-6-755. Conclusiveness of judgment validating and confirming issuance.
§ 6-6-756. Marking of validated obligations.
§ 6-6-757. Costs.