Code of Alabama

Ala. Code § 6-6-160 (2026)

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.

✓ official Alabama Legislature (ALISON) text, current July 2026
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When an execution, attachment or other like writ, issued from any court or by any officer, is levied on personal property as to which any person not a party to the writ claims to own the title, legal, or equitable, or a lien paramount to the right, title, or interest in the property of the defendant in the writ, such person may try the right to such property before a sale thereof upon making affidavit by himself, his agent, or attorney, which may be taken by the officer levying the writ or any officer authorized to administer oaths that he holds such title to, or such lien upon, the property claimed and executing bond with two good and sufficient sureties, to be approved by the officer making the levy and payable to the plaintiff in double the value of the property levied on and claimed, the value thereof to be determined by the officer making the levy, but in no case to be more than double the amount of the writ levied, with condition to have the property forthcoming for the satisfaction of the judgment or claim of the plaintiff if it shall be found liable therefor and also for the payment of such costs and damages as may be recovered for interposing the claim for delay, whereupon the property levied upon must be delivered into the possession of the claimant.

(Code 1852, §§2537, 2587, 2833; Code 1867, §§2695, 3016, 3279; Code 1876, §§3290, 3341, 3676; Code 1886, §§3004, 3012, 3014, 3365; Code 1896, §4141; Code 1907, §6039; Code 1923, §10375; Acts 1935, No. 418, p. 891; Code 1940, T. 7, §1168.)

Notes of Decisions
Cited in 1 case, 1996–1996 · leading case: Klapal Contracting v. Peoples Cmty. Bank, 675 So. 2d 435 (Ala. Civ. App. 1996).
Klapal Contracting v. Peoples Cmty. Bank, 675 So. 2d 435 (Ala. Civ. App. 1996). · cites it 6× “Additionally, in part, Kla-pal maintains that the only avenue through which the Bank, as a non-party to the writ of execution, might assert its interest in the seized property is through Ala.Code 1975, § 6-6-160, and that the Bank never filed a bond, as required by § 6-6-160.”
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