Code of Alabama
Ala. Code § 6-9-40 (2026)
Real and Personal Property; Equity of Redemption Therein.
✓ official Alabama Legislature (ALISON) text, current July 2026
Executions may be levied:
(1) On real property to which the defendant has a legal title or a perfect equity, having paid the purchase money, or in which he has a vested legal interest in possession, reversion, or remainder, whether he has the entire estate or is entitled to it in common with others.
(2) On personal property of the defendant, except things in action, whether he has the absolute title thereto or the right only to the possession thereof for his own life, the life of another or any shorter period, but this does not apply to a possession acquired by a bona fide hiring of chattels.
(3) On an equity of redemption in either land or personal property. When any interest less than the absolute title is sold, the purchaser is subrogated to all the rights of the defendant and subject to all his disabilities.
(Code 1852, §2455; Code 1867, §2871; Code 1876, §3209; Code 1886, §2892; Code 1896, §1890; Code 1907, §4091; Code 1923, §7806; Code 1940, T. 7, §519.)
Notes of Decisions
Cited in 12
cases, 1982–2016 · leading case: Matter of Head, 204 B.R. 1022 (Bankr. N.D. Ala. 1997).
Matter of Head, 204 B.R. 1022 (Bankr. N.D. Ala. 1997). “Code § 6-9-211 (1993) provides that 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 lien shall continue…”
In re Vance, 538 B.R. 862 (Bankr. M.D. Ala. 2011). “” Ala. Code § 6-9-40 (2)(empha-sis added). A bank account is clearly personal property.”
Matter of Sandefer, 47 B.R. 133 (Bankr. N.D. Ala. 1985). “Ala.Code § 6-9-40 (1975). Therefore, the judicial lien of First City Developments could not have attached to the assets of the corporation, so as to thereby entitle First City Developments to the funds realized from the sale of those assets.”
Yates v. Guest, 416 So. 2d 973 (Ala. 1982). “The question becomes one of determining the nature of the property interest of Joe *977 Yates which is subject to levy and sale.”
Novak v. Benn, 896 So. 2d 513 (Ala. Civ. App. 2004). “com" and the federally registered trademark "Pets Warehouse" were subject to execution under § 6-9-40, Ala.Code 1975; and that the trial court should direct the Internet domain-name registry "Bulkregister, LLC" and the United States Patent and Trademark Office to turn over…”
In Re Wilson, 56 B.R. 693 (Bankr. M.D. Ala. 1986). “The state law which provides for judicial liens is Code of Alabama, 1975, § 6-9-211 and § 6-9-40(2). Section 6-9-211 in pertinent part reads: “Every judgment, a certificate of which has been filed as provided in section 6-9- *696 210, shall be a lien in the county where filed on…”
Bank of Lexington v. Jones, 456 So. 2d 784 (Ala. 1984). “Code 1975, § 6-9-40. Yates v. Guest, 416 So.2d 973 (Ala.”
Rodgers v. Norman (In Re Crenshaw), 44 B.R. 30 (Bankr. N.D. Ala. 1984). “The section of the Code of Alabama (1975) upon which the defendants further base their argument for an exemption, Section 6-9-40(2), is inapplicable, since the trustee’s request for the turnover of the funds is not an attempt to enforce a judgment nor is it any type of…”
Geddes v. Livingston, 804 F.2d 1219 (11th Cir. 1986). “Ala.Code § 6-9-40 (1975). III. THE ESTATE IN RELATION TO 11 U.”
In re Hooper, 555 B.R. 47 (Bankr. M.D. Ala. 2016). “CODE § 6-9-40(2). The Alabama Supreme Court defines a “thing in action” as “a right to demand money or property by an action” and “there can in the nature of things be no present possession of a thing which lies merely in action.”
Cent. Soya Co. v. Hooton (In re Hooton), 58 B.R. 756 (Bankr. N.D. Ala. 1986). “] § 6-9-40. Executions may be levied: (1) On real property to which the defendant has a legal title or a perfect equity .”
Gillian v. Covington Cnty. Bank (In re Little), 78 B.R. 610 (Bankr. M.D. Ala. 1987). “Code § 6-9-210 (1975), which provides that a judgment is a lien only on property subject to execution, and section 6-9-40(2) which provides that execution may not be levied on choses in action such as a debt represented by a mortgage and mortgage note.”
— Ala. Code § 6-9-40(2) — 6 cases
Matter of Head, 204 B.R. 1022 (Bankr. N.D. Ala. 1997). “Code § 6-9-211 (1993) provides that 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 lien shall continue…”
In Re Wilson, 56 B.R. 693 (Bankr. M.D. Ala. 1986). “The state law which provides for judicial liens is Code of Alabama, 1975, § 6-9-211 and § 6-9-40(2). Section 6-9-211 in pertinent part reads: “Every judgment, a certificate of which has been filed as provided in section 6-9- *696 210, shall be a lien in the county where filed on…”
In re Vance, 538 B.R. 862 (Bankr. M.D. Ala. 2011). “” Ala. Code § 6-9-40 (2)(empha-sis added). A bank account is clearly personal property.”
Rodgers v. Norman (In Re Crenshaw), 44 B.R. 30 (Bankr. N.D. Ala. 1984). “The section of the Code of Alabama (1975) upon which the defendants further base their argument for an exemption, Section 6-9-40(2), is inapplicable, since the trustee’s request for the turnover of the funds is not an attempt to enforce a judgment nor is it any type of…”
In re Hooper, 555 B.R. 47 (Bankr. M.D. Ala. 2016). “CODE § 6-9-40(2). The Alabama Supreme Court defines a “thing in action” as “a right to demand money or property by an action” and “there can in the nature of things be no present possession of a thing which lies merely in action.”
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