Code of Alabama
Ala. Code § 6-5-256 (2026)
Settlement and Adjustment of Rights and Equities by Circuit Court When Complaint Filed.
✓ official Alabama Legislature (ALISON) text, current July 2026
Upon the filing of any complaint as provided in these sections and paying into court the amount of purchase money and the interest necessary for redemption and all lawful charges, if the written statement thereof has been furnished or, if not furnished, offering to pay such debt or purchase price and all lawful charges, the circuit court shall take jurisdiction thereof and settle and adjust all the rights and equities of the parties, as provided in this article.
(Acts 1988, No. 88-441, p. 647, §10.)
Notes of Decisions
Cited in 10
cases (1 in the last 5 years), 1993–2024 · leading case: Pavilion Dev. v. Jbj P'ship, 979 So. 2d 24 (Ala. 2007).
Pavilion Dev. v. Jbj P'ship, 979 So. 2d 24 (Ala. 2007). “Finally, JBJ argues that Pavilion did not deposit into court an amount adequate to pay the lawful charges as required by § 6-5-256 or tender those charges as provided by § 6-5-252.”
Cameron Givianpour v. Thomas J. Curtain, Sr., 166 So. 3d 662 (Ala. 2014). “Specifically, the circuit court stated that “[p]er Ala.Code 1975, § 6-5-256, an Alabama Circuit Court is not vested with jurisdiction over a disputed redemption amount claim unless the redeemer/plaintiff simultaneously pays into Court the charges presented, or if disputed, the…”
Ross v. Rogers, 25 So. 3d 1160 (Ala. Civ. App. 2009). “Given this conclusion, we further conclude that there was no basis for the trial court’s additional holding that “there was insufficient evidence at trial to balance the equities between the parties” as required by § 6-5-256. Based on the foregoing, we conclude that the trial…”
Est. of Mollett v. M & B BUILDERS, LLC, 749 So. 2d 466 (Ala. Civ. App. 1999). “Under § 6-5-256, the trial court considered the equities between the parties and concluded that the redemption price was $45,360.”
Steven Chess v. Wade Burt., 87 So. 3d 1201 (Ala. Civ. App. 2011). “) However, “[u]nder the plain language of § 6-5-252 and § 6-5-256, [Ala.Code 1975,] it is clear that a redemptioner is excused from tender at the time he files the complaint to redeem where he has timely furnished the purchaser with a demand for a statement of lawful charges and…”
DeJonker v. McCaig, 628 So. 2d 575 (Ala. 1993). “See § 6-5-256, Ala.Code 1975. She claimed that tender of the amount claimed was excused because, she alleged, the amount claimed was disputed and could not be ascertained.”
Nichols v. Colvin, 674 So. 2d 576 (Ala. Civ. App. 1995). “" § 6-5-256, Ala.Code 1975 (emphasis added).”
Ross v. West Wind Condo. Ass'n, 153 So. 3d 29 (Ala. Civ. App. 2012). “Code 1975, 1 because, London said, Ross had not paid or tendered payment of any money to London and that Ross was not entitled to redeem Unit J from London pursuant to § 6-5-256, Ala. Code 1975, 2 because, London said, Ross had neither demanded a written statement of lawful…”
First Fin. Bank v. Cs Assets, LLC, 678 F. Supp. 2d 1216 (S.D. Ala. 2010). “In so ruling, the Court expressly invokes its equitable powers to adjust the rights and equities of the parties, as conferred by Alabama Code § 6-5-256.” First Financial Bank v.”
Steven Mark Hayden, Jr. v. Newsome Law, LLC, & William B. Cashion (Appeal from Elmore Circuit Court: CV-23-92). (Ala. 2024). “Accordingly, pursuant to § 6-5-256, Ala. Code 1975, the trial court has a statutory obligation to "settle and adjust all the rights and equities of the parties.”
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