Code of Alabama
Ala. Code § 12-21-109 (2026)
Effect of Written Receipts, Releases, Discharges, and Judgments Entered Pursuant to Pro Tanto Settlements Generally.
✓ official Alabama Legislature (ALISON) text, current July 2026
All receipts, releases and discharges in writing, whether of a debt of record, a contract under seal or otherwise, and all judgments entered pursuant to pro tanto settlements, must have effect according to their terms and the intentions of the parties thereto.
(Code 1852, §2282; Code 1867, §2685; Code 1876, §3039; Code 1886, §2774; Code 1896, §1805; Code 1907, §3973; Code 1923, §7669; Code 1940, T. 7, §381; Acts 1985, No. 85-517, p. 611.)
Notes of Decisions
Cited in 32
cases (2 in the last 5 years), 1982–2025 · leading case: Edwards v. Kia Motors of Am., Inc., 8 So. 3d 277 (Ala. 2008).
Edwards v. Kia Motors of Am., Inc., 8 So. 3d 277 (Ala. 2008). “[3] KMA bases its argument on the general law of Alabama on § 12-21-109, Ala.Code 1975: "All receipts, releases and discharges in writing, whether of a debt of record, a contract under seal or otherwise, and all judgments entered pursuant to pro tanto settlements, must have…”
Alabama Farm Bureau Ins. Co. v. Hunt, 519 So. 2d 480 (Ala. 1987). “] "It is clear that under Alabama Code § 12-21-109, a release, which has as its intent the discharge from liability of only named parties to the release, need not discharge all potential parties then or later known.”
Conley v. Harry J. Whelchel Co., 410 So. 2d 14 (Ala. 1982). “Both sides agree that pursuant to Code of 1975, § 12-21-109, the "release ... must have effect according to the intention of the parties.”
Schiffer v. United Grocers, Inc., 989 P.2d 10 (Or. 1999). “Alabama: Ala Code § 12-21-109 (1975 and Supp 1998) (releases "must have effect according to their terms and the intentions of the parties thereto"); Alabama Farm Bureau Ins.”
Ford Motor Co. v. Neese, 572 So. 2d 1255 (Ala. 1990). “Prior to Pierce , the appellate courts of Alabama had upheld the claims of unnamed third parties and summarily discharged them under the terms of a general release; [1] yet Alabama Code 1975, § 12-21-109, mandated the following: "All receipts, releases and discharges in writing,…”
Ruiz De Molina v. Merritt & Furman Ins. Agency, Inc., 220 F. Supp. 2d 1249 (N.D. Ala. 2002). “Plaintiff claims that Alabama Code § 12-21-109 allows him to accept a partial satisfaction of the judgment from Merritt & Furman and Smith and continue to assert his claims against joint tortfea-sors WMU and Luellen for specific items of damage not recovered in the first…”
Pierce v. Orr, 540 So. 2d 1364 (Ala. 1989). “As long ago as 1852, the legislature passed what is now codified as Code 1975, § 12-21-109 (last amended in 1985), which provides: "All receipts, releases and discharges in writing, whether of a debt of record, a contract under seal or otherwise, and all *1367 judgments entered…”
Jones v. Ruth, 31 So. 3d 115 (Ala. Civ. App. 2009). “1983); and Ala.Code 1975, § 12-21-109). A settlement agreement is a contract and is to be construed like any other contract.”
Clark v. Jim Walter Homes, Inc., 719 F. Supp. 1037 (M.D. Ala. 1989). “By § 12-21-109 of the 1975 Code of Alabama, the court is to construe this release according to its terms and the revealed intentions of the parties.”
Am. Pioneer Life Ins. Co. v. Sandlin, 470 So. 2d 657 (Ala. 1985). “Holland, supra , the Court clearly set out the circumstances under which claims against one joint tortfeasor are and are not barred by prior settlements with, releases of, judgments against, or satisfactions of judgments against, any other joint tortfeasor(s): "[R]ecovery…”
Salter v. A. Fraser Pattillo, Jr., Inc., 519 So. 2d 930 (Ala. 1988). “We hold that Ala.Code 1975, § 12-21-109, is controlling on the issue: “§ 12-21-109.”
Edwards v. Kia Motors of Am., Inc., 486 F.3d 1229 (11th Cir. 2007). “” Ala.Code § 12-21-109 (emphasis added); see Williams v.”
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