2009 Alabama Code
Title 6 — CIVIL PRACTICE.
Chapter 6 — REMEDIES.

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