HB269 Alabama 2015 Session

Summary

Primary Sponsor

David FaulknerRepresentative

Republican

Session

Regular Session 2015

Title

Civil actions, Uniform Asset-Preservation Orders Act enacted, procedure for court orders to preserve assets of parties including order to nonparties

Summary

HB269 would enact the Alabama Uniform Asset-Preservation Orders Act to allow courts to issue orders preventing the dissipation of assets in civil cases, including orders that affect nonparties.

What This Bill Does

Creates asset-preservation orders (in personam) to stop asset dissipation while a civil action is pending. Establishes procedures for issuing these orders with or without notice, sets security and living expenses provisions, and allows courts to limit the assets covered. Enables recognition and enforcement of orders from other courts, including foreign courts, and provides appeal rights for challenged orders.

Who It Affects

• Parties to a civil action (plaintiffs and defendants) who could seek an asset-preservation order to prevent loss of assets pending judgment.
• Nonparties with custody or control of assets (e.g., banks, co-owners, or others holding assets) who must preserve assets and comply with the order, with certain exemptions for consumer-debt actions and family/domestic-relations matters.

Key Provisions

• Establishes asset-preservation orders to restrain asset dissipation and can apply to nonparties, preserving assets pending judgment.
• Provides two issuance paths (with notice and without notice), sets conditions for granting, security requirements, and options to modify or dissolve orders; includes recognition, enforcement, and appeal provisions.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Civil Procedure