§ Rule 69 Execution
Rule 69. Execution.
(a) Procedure.The clerk shall issue a writ of execution to enforce a money judgment upon application of the judgment creditor. The procedure on execution, in proceedings supplementary to and in aid of a judgment, and in proceedings on and in aid of execution shall be as provided by these rules and statutory provisions not inconsistent herewith.
(b) Writ of execution; notice to judgment debtor. Upon application for a writ of execution the judgment creditor shall provide the clerk with a description of the property to be executed upon, if known, and the last known address of the judgment debtor against whom execution is sought. The clerk shall prepare and issue a writ of execution in accordance with the information supplied by the judgment creditor. The clerk shall also issue a notice of the right to claim certain property as exempt from execution, using Form 92 in the Appendix of Forms to these rules. A copy of the writ of execution and notice of exemption rights shall be delivered by the clerk to the sheriff, for service upon the judgment debtor.
(c) Service of writ and notice. The sheriff shall serve the judgment debtor with a copy of both the writ of execution and the notice of exemption rights at the time of levy upon the judgment debtor's real property or seizure of the judgment debtor's personal property pursuant to the writ of execution. Service shall be effected by personal delivery to the judgment debtor, if the judgment debtor is present either at the time notice of the levy is delivered or at the time of seizure of the judgment debtor's personal property; otherwise service shall be effected by first class mail sent to the judgment debtor's last known address shown on the writ of execution or by posting on the door of the debtor's last known residence address.
(d) Claim of exemption. At any time after a levy or seizure but prior to a sale of such property, a judgment debtor may file a notarized claim of exemption with the sheriff. If a claim of exemption is filed with the sheriff, the judgment debtor shall also file a copy thereof with the clerk of the court. Sale of any property claimed as exempt by the judgment debtor which has not been previously sold, shall thereafter be stayed, unless the creditor successfully contests the claim.
(e) Contesting a claim of exemption. After notice from the sheriff that a claim of exemption has been filed by a judgment debtor, the judgment creditor may institute a contest of such claim by filing with the sheriff an affidavit as required by law within the time provided in § 6-10-26, Code of Alabama 1975. If a timely contest of a claim of exemption is filed, the sheriff shall forthwith return the process and other papers to the court to which the process is returnable, accompanied with a full statement of the facts, and a hearing to determine said contest shall be scheduled by the court at the earliest practicable time and the contest shall be tried and determined as other contests of claims of exemption are tried and determined.
(f) No contest filed. If the judgment creditor, in person or by that party's agent or attorney, fails to file a timely contest with the sheriff after notice of the judgment debtor's claim of exemption, the sheriff shall forthwith release to the judgment debtor all property claimed as exempt that had not been sold prior to the filing of the claim of exemption. The sheriff shall then return the process and other papers to the court to which the process is returnable, accompanied with an itemized affidavit of the sheriff's costs of making the levy and keeping the property subject to the claim of exemption, which costs shall be taxed against the judgment creditor.
(g) Discovery.In aid of the judgment or execution, the judgment creditor or the judgment creditor's successor in interest when that interest appears of record, may obtain discovery from any person, including the judgment debtor, in the manner provided in these rules.
(dc) District court rule. Rule 69 applies in the district courts.