The owner of any judgment entered in any court of this state or of the United States held in this state may file in the office of the judge of probate of any county of this state a certificate of the clerk or register of the court by which the judgment was entered, which certificate shall show the style of the court which entered the judgment, the amount and date thereof, the amount of costs, the names of all parties thereto and the name of the plaintiff’s attorney and shall be registered by the judge of probate in a book to be kept by him for that purpose, which said register shall also show the date of the filing of the judgment. Said judge shall make a proper index to said book, which shall also show under the proper letter or letters of the alphabet the names of each and every defendant to said judgment, and such judgments shall be recorded in chronological order of the filing of such judgments. Such certificate shall also show the address of each defendant or respondent, as shown in the court proceedings.
(Code 1896, §1920; Code 1907, §4150; Code 1923, §7874; Code 1940, T. 7, §584; Acts 1975, No. 1060, p. 2121.)
Notes of Decisions
Cited in
31
cases (
1 in the last 5 years), 1982–2021 · leading case:
Pope v. Gordon (In Re Camp), 310 B.R. 634 (Bankr. N.D. Ala. 2004).
Pope v. Gordon (In Re Camp), 310 B.R. 634 (Bankr. N.D. Ala. 2004).
· cites it 17× “§ 1963 (2004), and that of Alabama, Ala.Code § 6-9-210 (1993). Title 28 of the United States Code, section 1963 states in pertinent part: A judgment in an action for the recovery of money or property entered in any.”
BMJA, LLC v. Murphy, 41 So. 3d 751 (Ala. 2010).
· cites it 18× “This appeal raises the question whether the filing of a judgment in the probate court is sufficient to create a lien on real property when §§ 6-9-210 and -211, Ala. Code 1975, require the filing of a certificate of judgment in order to create such a lien, and, if not, whether a…”
Scott v. Hales, 575 So. 2d 1058 (Ala. 1991).
· cites it 10× “The issues presented for review are: (1) whether the certificates of judgment, properly recorded in the probate office of the county, were renewed in accordance with law, and (2) whether the certificates of judgment satisfied the requirements of Ala.Code 1975, § 6-9-210, so as…”
Foster v. Porter Bridge Loan Co., Inc., 27 So. 3d 481 (Ala. 2009).
· cites it 6× “On January 8, 2006, Foster recorded the judgment pursuant to § 6-9-210, Ala.Code 1975, 1 and thereby obtained a hen against the real property pursuant to § 6-9-211, Ala.”
Pope v. Gordon, 922 So. 2d 893 (Ala. 2005).
· cites it 5× “See Ala.Code 1975, § 6-9-210. [3] This filing creates a lien on property of the judgment debtor in that county.”
Matter of Head, 204 B.R. 1022 (Bankr. N.D. Ala. 1997).
· cites it 9× “Levy and Sale Under Execution— A Chose or Not (a) The Parties’ Assertions Henry Tyler contends that the recording of its certificate of judgment in the manner required under Ala.Code § 6-9-210 3 (1993) resulted in the attachment of a judgment lien to all real and personal…”
Harless v. United States, 98 F. Supp. 2d 1337 (S.D. Ala. 2000).
· cites it 7× “Indeed, Alabama law expressly permits the “owner of any judgment entered in any court of this state” to record a certificate of that judgment with a county probate court.”
Gillian v. Conoco, Inc. (In Re Norman), 41 B.R. 1 (Bankr. M.D. Ala. 1983).
· cites it 3× “The trustees in these cases argue that the provisions of Section 6-9-210 and 211 of the Alabama Code were not complied with by Conoco in making that recordation on April 22, 1982, and as a consequence, no lien ever arose.”
Aliant Bank v. Carter, 197 So. 3d 981 (Ala. 2015).
· cites it 2× “On or about November 28, 2011, Aliant recorded its judgment against Kerry Carter in the Shelby County Probate Court pursuant to § 6-9-210, Ala.Code 1975. 1 On August 21, 2014, the Carters entered into a contract with the Nunleys for the *983 sale of the property for a purchase…”
In Re Pouncey, 59 B.R. 615 (Bankr. M.D. Ala. 1986).
“JUDICIAL LIEN The filing of a certificate of judgment for recording in the office of the Judge of Probate of a county in Alabama, constitutes a judicial lien upon the property of the debtor to the extent that such property is subject to levy and execution in Alabama.”
Ogburn v. Southtrust Bank (In Re Ogburn), 212 B.R. 984 (Bankr. M.D. Ala. 1995).
“Code § 6-9-211 (1975) provides as follows: Every judgment, a certificate of which has been filed as provided in Section 6-9-210, shall be a lien in the county where filed on all property of the defendant which is subject to levy and sale under execution, and such hen shall…”
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