LegalFix
Sign In

Section 43-2-812 - Judgment certified to probate court; execution for costs.

AL Code § 43-2-812 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

If such judgment is for the plaintiff, and it is shown to the court that such estate has been declared insolvent, an order must be made to the effect that no execution issue on such judgment, but that the same be certified to the proper probate court. Upon a certified copy of such judgment being filed as a claim against the estate, it must be allowed with the costs against such estate, unless shown to have been obtained by collusion; and when such judgment is certified, the clerk may demand of the plaintiff payment of all costs incurred in obtaining the same. If the plaintiff fails for 20 days after the judgment is so certified to pay such costs, execution may issue against him for the same as in other cases.

Previous Section
Section 43-2-811 - Special plea of insolvency.
Next Section
Section 43-2-813 - Effect of order or decree of insolvency certified to other courts after judgment or decree therein rendered.