2013 Code of Alabama :: Title 6 - CIVIL PRACTICE. :: Chapter 5 - ACTIONS. :: Section 6-5-251 - Delivery of possession to purchaser on demand. (2024)

FAQs

What is Section 6 5 251 in Alabama? ›

(a) The possession of the land must be delivered to the purchaser or purchaser's transferees by the debtor or mortgagor if in their possession or in the possession of anyone holding under them by privity of title, within 10 days after written demand for the possession has been made by, or on behalf of, the purchasers ...

Generally, a public nuisance gives no right of action to any individual, but must be abated by a process instituted in the name of the state. A private nuisance gives a right of action to the person injured.

The statutory definition of “nuisance” is found in Section 6-5-120, Code of Alabama 1975, and reads as follows: “A 'nuisance' is anything that works hurt, inconvenience or damage to another. The fact that the act done may otherwise be lawful does not keep it from being a nuisance.

Under the Alabama wrongful death law, Ala. Code § 6-5-410, you generally only have two years to begin a lawsuit based on your loved one's injury accident and subsequent death. Missing this deadline could mean being barred from taking any further legal action in the case.

Rule 6. When court members not to participate. No member of the Court may participate in any proceedings before the Court involving his own conduct and involving a matter in which he is interested or involved. [Adopted 3-11-74; Amended eff.

Alabama Code section 6-5-410 governs Alabama wrongful death lawsuits, and provides that any person or corporation can be liable for the death of another caused by any “wrongful act, omission, or negligence.”Alabama's wrongful death statute is unique in several ways.

Rule 5(a) thus requires all papers to be served on all parties to the action with the following exceptions: (1) orders and judgments not required by their terms to be served; (2) ex parte motions; (3) any pleadings, motions, notices, or other papers when the opposing party is in default for failure to appear, and no ...

In Alabama, most civil actions have a two-year statute of limitations, with exceptions including a six-year time limit for trespassing, rent collection, and debt collection.

Civ. P. 33(c)] allows a responding party to substitute access to documents or electronically stored information for an answer only if the burden of deriving the answer will be substantially the same for either party.

(1) SALE or SOLD. Any execution, judgment, or foreclosure sale, whether the sale is made under any power of sale in any mortgage or deed of trust or statutory power of sale, or by virtue of any judgment in any court of competent jurisdiction. (2) MORTGAGE.

What is Alabama Code 6 5 102? ›

Section 6-5-102 of the Code of Alabama provides: “Suppression of a material fact which the party is under an obligation to communicate constitutes fraud.

6-5-390, when a child is injured, the child's parents have an equal right to bring a claim on their behalf. In general, a child can disclaim the settlement upon reaching adulthood.

No person shall willfully fail or refuse to comply with any lawful order or direction of any police officer or fireman invested by law with authority to direct, control or regulate traffic.

If a contract is entire, only one action can be commenced for breach thereof; but if it is severable or if the breaches occur at successive periods in an entire contract, as where money is to be paid by installments, an action will lie for each breach; provided, that all the breaches occurring up to the commencement of ...

Section 6-6-20, Ala. Code 1975, allows one party to require a court to order mediation of a dispute, irrespective of the position of any other party to the dispute.

If your case was a misdemeanor case that was dismissed without prejudice, a two-year wait will be imposed, during which time you must not commit any other offenses. For felony cases that are dismissed without prejudice, you will not be eligible to file for an expungement for five years.

(1) An application to the court for an order shall be by motion which, unless made during a hearing or trial, shall be made in writing, shall state with particularity the grounds therefor, and shall set forth the relief or order sought.

Rule 65(b) does provide for injunctive relief without notice to the adverse party. This relief, known as a temporary restraining order, can be accorded without notice provided that the verified facts of the complaint clearly justify plaintiff's apprehension about the threat of irreparable injury.

A finding by a judge, jury, or arbitration panel that a physician, dentist, medical institution, or other health care provider did not meet the applicable standard of care, and that such failure was the proximate cause of the injury complained of, resulting in damage to the patient. (Acts 1975, No. 513, p. 148, §3.)

No plaintiff is entitled to prosecute two actions in the courts of this state at the same time for the same cause and against the same party.

What is Alabama Code 6 5 170? ›

Code § 6-5-170. Current through Act 218 of the 2023 Regular Session. False imprisonment consists in the unlawful detention of the person of another for any length of time whereby he is deprived of his personal liberty.

Rule 52 attaches a presumption to the findings of a master to the extent that the trial court has adopted them. Under present Alabama practice, de novo appellate review is available when evidence has been taken before a commissioner.

Limited-Scope Representation. Professional Conduct, an attorney may provide limited-scope representation to a person involved in a court proceeding.

Rule 55(a) authorizes the clerk to enter defaults upon the civil docket when the party fails “to plead or otherwise defend”. Consequently, a party who has appeared can be in default for failing to file subsequent pleadings or otherwise defend.

The Small Claims Court is a special civil division of the District Court where individuals as well as businesses can settle disputes and disagreements. The maximum amount you may sue or be sued for is $3,000 Procedures are simple, informal, and inexpensive.

Unless the court orders otherwise, an order granting a motion to dismiss shall be deemed to permit an automatic right of amendment of the pleading to which the motion is directed within ten (10) days from service of the order. (dc) District court rule. Rule 78 applies in the district courts.

Rule 44 carries forward the existing requirement that an affected governmental body or the Attorney General as the case may be shall be given notice when the validity of a statute, ordinance, etc., is drawn in question by a party on an appeal.

Rule 64A. Notice to defendant of right to claim exemption from garnishment. Rule 64B. Contest of claim of exemption -- Garnishment of money, choses in action or personal property.

Rule 13(c). Additional parties may be brought in to defend against the counterclaim where their presence is necessary for the granting of complete relief.

Rule 10. Form of pleadings. (a) Caption; names of parties. Every pleading shall contain a caption setting forth the name of the court, the title of the action, the file number, and a designation as in Rule 7(a).

What is Alabama Code 6 5 248? ›

(Ala. Code § 6-5-248(h).) If the notice isn't mailed to the homeowners at least 30 days before the foreclosure sale, they get 180 days to redeem the homestead property from the date the notice is provided. But the homeowners can't redeem more than one year after the sale.

Either parent of a minor, guardian, or a person standing in loco parentis to the minor having neither father nor mother shall have a right of action against any person who unlawfully sells or furnishes spirituous liquors to such minor and may recover such damages as the jury may assess, provided the person selling or ...

A person who goes upon the premises of another without permission or invitation, expressed or implied, or who, after rightfully entering upon the premises of another, remains on the premises after consent or license to enter or use the premises has been terminated.

Anyone desiring and entitled to redeem may make written demand of the purchaser or his or her transferees for a statement in writing of the debt and all lawful charges claimed by him or her, and the purchaser or their transferees shall, within 10 days after the written demand, furnish the person making the demand with ...

Chapter 6 - Remedies. 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.

All persons shall be made parties who have, or claim, any interest which would be affected by the declaration, and no declaration shall prejudice the rights of persons not parties to the proceeding.

(Alabama Code §§ 6-5-391 and 6-5-410 (2021).) In other words, a wrongful death occurs when one person dies as a result of the legal fault of another person or entity, including by: a negligence-based incident (such as a car accident)

Where one who has lawfully entered into possession of lands as tenant fails or refuses, after the termination of the possessory interest of the tenant, to deliver possession of the premises to anyone lawfully entitled or his or her agent or attorney.

Section 6-6-540Right of action to settle title to lands by person in peaceable possession thereof.

This offense is a Class A misdemeanor, which could result in a jail sentence of up to one year and a fine of up to $6,000. A failure to appear warrant could cause you inconvenience and stress, and may also make it more likely that you will spend more time in jail.

Do warrants expire in Alabama? ›

Most warrants do not expire, particularly for felony charges. Any encounter with law enforcement, including a traffic stop, can lead to your arrest based on the outstanding warrant.

Alabama Rule of Evidence 404(b) states: Evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show action in conformity therewith.

Section 5-19-6 Copies of instruments signed by debtors to be furnished to debtors; required statement in contracts, etc.; limitation on disclosure requirements; intent, applicability of limitation.

(a) Every peace officer and tactical medic, except constables, who is employed or appointed pursuant to the Constitution or statutes of this state, whether appointed or employed as a peace officer or tactical medic by the state or a county or municipality thereof, or by an agency or institution, corporate or otherwise, ...

Section 30-5-5 - Standing to file sworn petition for protection order; disclosure of information; costs and fees (a) The following persons have standing to file a sworn petition for a protection order under this chapter as a plaintiff: (1) A person who is at least 18 years old or is otherwise emancipated and is the ...

(a) All legal service liability actions against a legal service provider must be commenced within two years after the act or omission or failure giving rise to the claim, and not afterwards; provided, that if the cause of action is not discovered and could not reasonably have been discovered within such period, then ...

Whenever it becomes necessary to postpone any sale that has been advertised to occur on a certain day, the same may be postponed by the auctioneer or attorney announcing, at the time set for sale, the date to which said sale is postponed; and the original notice shall be published once again, with a statement at the ...

Alabama statute §6-5-462 states certain types of legal claims survive beyond an individual's death, including: Any action that has been filed, or when no action has been filed, for an express or implied contract claim.

Section 6-5-380 makes the parent or guardian liable for the "injury to, or destruction of" someone else's property—real or personal property—caused by the intentional, willful, or malicious act or acts of the minor.

Alabama Code 6-5-410 applies to wrongful deaths involving adults, and Alabama Code section 6-5-391 applies to the deaths of minor children. A wrongful death could occur from a fatal car or truck accident caused by a drunk driver or from an accident in the workplace or at a construction site.

What is the Alabama Code 6 5 186? ›

Vindictive or punitive damages shall not be recovered in any action for libel on account of any publication unless (1) it shall be proved that the publication was made by the defendant with knowledge that the matter published was false, or with reckless disregard of whether it was false or not, and (2) it shall be ...

(g) Any person, who, in good faith, renders emergency care at the scene of an accident or emergency to the victim or victims thereof without making any charge of goods or services therefor shall not be liable for any civil damages as a result of any act or omission by the person in rendering emergency care or as a ...

Section 6-5-200 - When title to land conferred or defeated; when claim may be defended or prosecuted; construction of section (a) Adverse possession cannot confer or defeat title to land unless: (1) The party setting it up shall show that a deed or other color of title purporting to convey title to him has been duly ...

The Alabama Petition for Child Custody is the form required for Alabama residents seeking custody of their children through the court. This petition must be filed in order to obtain a court order for child custody in the state of Alabama.

Alabama Code 6-5-331. :Alienation of affections, criminal conversation, and seduction. There shall be no civil claims for alienation of affections, criminal conversation, or seduction of any female person of the age of 19 years or over.

Alabama's statute of repose bars all claims against an architect, engineer, or builder, including claims for contribution and indemnity, seven years after a building is substantially completed unless an exception applies.

Section 6-5-440 - Simultaneous actions for same cause against same party prohibited. Section 6-5-440Simultaneous actions for same cause against same party prohibited. No plaintiff is entitled to prosecute two actions in the courts of this state at the same time for the same cause and against the same party.