The Alabama C 20 form is a legal document used in Alabama's judicial system to initiate a writ of execution. This form allows a court to authorize law enforcement to seize a debtor's property in order to satisfy a court judgment. Understanding this form is crucial for both plaintiffs seeking to collect debts and defendants wishing to protect their assets.
The Alabama C 20 form is a crucial legal document used in the state’s judicial system, specifically in the context of enforcing court judgments. This form, known as the Writ of Execution, empowers law enforcement officers to seize and sell property in order to satisfy a judgment against a defendant. It includes essential details such as the case number, names of the plaintiff and defendant, and the specific amounts owed, including judgment amounts and court costs. The form outlines the responsibilities of law enforcement in executing the order, detailing the types of property that may be seized and the procedures for doing so. Importantly, it also addresses the rights of defendants, providing them with a notice of their ability to claim exemptions on certain types of property, such as their home or specific personal belongings. Understanding the implications of the C 20 form is vital for both plaintiffs seeking to collect on judgments and defendants who wish to protect their assets. Being informed about the process and your rights can significantly impact the outcome of a Writ of Execution.
State of Alabama Unified Judicial System
Form C-20
Rev. 6/88
WRIT OF EXECUTION
Case Number
IN THE_______________________________________COURT OF ________________________________________, ALABAMA
(Circuit or District)
(Name of County)
_____________________________________________ V. __________________________________________________________
PLAINTIFF
DEFENDANT
Home Address:____________________________________
Home Address:_____________________________________
_________________________________________________
City/State/Zip Code:________________________________
City/State/Zip Code:_________________________________
Date of Judgment/forfeiture ________________________
Judgment amount $ ________________________
Court costs ________________________
Alternate property value ________________________
Damages/rent ________________________
Other ________________________
TOTAL $ ________________________
TO ANY LAW ENFORCEMENT OFFICER OF THE STATE OF ALABAMA:
You are ordered to perform the action specified.
Seize the property described below which is in the possession of __________________________________________________
_________________________ and restore to ___________________________, If this property is not available, seize and sell any
personal and real property of _______________________________________________________________________________for
the alternate value of the property. Exemptions as to Personal Property waived.
Restore to ___________________________________________________________________________________the described property now in the possession of ____________________________________________________________________________, Collect $ _______________ for detention of the property.
Seize any real or personal property __________________________________________________________________________
that will satisfy the total monetary value specified above.
See description for exemption.
Exemption as to personal properTy waived.
Hold until further court action Sell and return
Sell property described below previously seized and being held by you.
Collect from _________________________________________________________________________________ the court cost amount. If cash cannot be collected, seize and sell any real or personal form which can be made the sum of the costs.
Description:
YOU ARE TO MAKE RETURN OF THIS EXECUTION AND EXPLAIN BELOW HOW YOU PERFORMED THE SPECIFIED ACTION.
Date issued: ______________________________
_____________________________________________ By: _________
Clerk
Exception Date_____________________________
Remarks:
____________________________________
___________________________________________
Sheriff
By Deputy Sheriff
COURT RECORD: Original
ADDRESSEE: Copy
Form C-20A
Rev. 10/86
NOTICE OF RIGHT TO CLAIM EXEMPTIONS
FROM EXECUTION
_____________________________________________V. __________________________________________________________
City
State
Zip Code
Telephone Number:___________________________
Telephone Number:____________________________
The Writ of Execution delivered to you along with this Notice means that certain property belonging to you may be
taken
from you and sold to collect a court judgment against you.
However, the law gives you the right, under certain circumstances, to claim your property as “exempt” to keep it from being sold to collect certain kinds of court judgments. For example, you may be able to claim your “homestead exemption” to keep your home from being sold, or at least to keep a certain portion of the money from the sale.
You may also be able to keep up to $3,000 in personal property, including motor vehicle and household furniture and appliances, by claiming this property as exempt.
These examples are for purposes of illustration only. Whether you will be entitled to claim any exemption from the Writ of Execution, and if so, what property may be exempt, will be determined by the facts in your particular case. IF YOU ARE UNCERTAIN AS TO YOUR EXEMPTION RIGHTS, YOU SHOULD CONSULT A LAWYER FOR ADVICE. PERSONNEL IN THE CLERK’S OFFICE CANNOT GIVE YOU LEGAL ADVICE.
TO CLAIM ANY EXEMPTION THAT MAY BE AVAILABLE TO YOU, YOU MUST PREPARE A “CLAIM OF EXEMPTION" FORM BEFORE YOUR PROPERTY IS SOLD, LISTING ON IT THE PROPERTY TO BE SOLD (OR ANY PART THEREOF) IN DETAIL THAT YOU CLAIM TO BE EXEMPT. YOU MUST ALSO STATE APPROXIMATELY WHAT YOU THINK EACH ITEM IS WORTH, AND HOW MUCH (IF ANYTHING) YOU STILL OWE ON EACH SUCH ITEM. YOU MUST THEN HAVE THE “CLAIM OF EXEMPTION” NOTARIZED AND FILE IT IN THE SHERIFF’S OFFICE. YOU MUST ALSO FILE A COPY OF THE “CLAIM OF EXEMPTION” WITH THE CLERK OF THE COURT. THE CLERK CANNOT GIVE YOU LEGAL ADVICE. IT YOU NEED ASSISTANCE, YOU SHOULD SEE A LAWYER.
If you file a Claim of Exemption, the party who has a judgment against you will have approximately ten (10) days from receipt OF a copy thereof to file a “contest” of your Claim of Exemption. If a contest is filed, a court hearing will be scheduled, and you will be notified of the time and place of the hearing. If the party who has a judgment against you does not file a contest, the property (or any part thereof) claimed by you as exempt will be released fROm the execution.
If you do not file a Claim of Exemption, you are deemed to have waived your rights of exemptions, and your property may be sold or turned over to the party who has a judgment against you to help satisfy a judgment against you.
TO PROTECT YOUR RIGHTS, IT IS IMPORTANT THAT YOU ACT PROMPTLY. IF YOU HAVE ANY QUESTIONS, YOU SHOULD CONSULT A LAWYER.
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