HB583 Alabama 2019 Session

Summary

Primary Sponsor

Steve Hurst Representative

Republican

Session

Regular Session 2019

Title

Civil practice, civil actions, satisfaction of judgements, procedure provided, Secs. 6-9-213, 6-9-222 added.

Description

Under existing law, the owner of a judgment may file in the office of the judge of probate of any county in this state a certificate of clerk or register of the court by which the judgment was entered, showing the court name, the amount of the judgment and costs, and the names of the parties.

Every judgment that is properly filed constitutes a lien in the county in which it is filed against the property of the defendant which is subject to levy and sale under execution.

Also under existing law, there is no requirement that a judgment creditor whose judgment has been satisfied file an acknowledgment of satisfaction of the judgment to remove the lien.

This bill would provide that when a money judgment is satisfied, the judgment creditor is required to file an acknowledgment of satisfaction of the judgment with the court and serve a notice of that acknowledgment with the judgment debtor.

This bill would provide a procedure where the judgment debtor may demand that the judgment creditor file an acknowledgment of satisfaction of the judgment with the court when the judgment creditor's judgment has been satisfied.

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Subjects

Civil Practice