§ 15-13-152 — Qualification for Property Bail

Alabama § 15-13-152

• Jurisdiction: Alabama
• Title 15: Criminal Procedure
• Ch. 13: Bail
• Art. 6: Alabama Bail Reform Act of 1993
• Div. 8: Property Bail, Qualifications, Value of Property, Property Owners as Surety

Text

The qualifications for property bail are that each surety be a resident of the state, and an owner of real property therein, and that any property pledged shall be worth, exclusive of all encumbrances and homestead exemptions presently against the property, the amount expressed in the appearance bond. Any proper approving officer, in approving property bail, may allow more than one person to justify severally as bail in amounts less than that expressed in the appearance bond, provided the whole be equivalent to the amount in the appearance bond. The worth shall not be determined by the assessed value of the property but shall be calculated, determined, and evaluated in the manner set forth in the affidavit described in part (A) of this section. If the property owner(s) claim a homestead exemption in the affidavit then they shall also execute the waiver of a homestead exemption form as provided in part (B) below. The affidavit shall be signed by the owners of the properties and the affidavit shall be the same as a lien against the property, and upon the rendition of a final forfeiture, the state or its subdivisions may proceed on the document for sale of the property to satisfy the judgment. The following shall be substantially the forms to be used for the affidavit and waiver mentioned above.
(A) LIEN AND AFFIDAVIT OF PROPERTY OWNERS - BAIL
STATE OF ALABAMA
COUNTY OF _____
Court _____
or
CITY OF _____
City/County _____
Charges: _____
VS.
_______________
Name of property owners:
______ Address: ______
______ Address: ______
STATE OF ALABAMA
COUNTY OF ____________
Before me, the undersigned authority, personally appeared _____, who first by me being duly sworn, on oath, deposes and says:
That he or she possesses the qualifications and is sufficient to become a surety and that he or she is the owner of the following described property, and that he or she pledges said property as collateral for the above named defendant and his or her bail:
Legal Description of Property Owned:
Value
(1) Example:
40 acres, located ____ ... as
recorded in Deed Book ___, at
Page ____, etc.
$45,000.00
.84 acres, located ____ ... as
recorded in Deed Book ___, at
Page ____, etc.
10,000.00
Lots 1, w, 3, and 18, Block B...
as recorded in Deed Book ___, at
Page ____, etc.
900.00
TOTAL VALUE
$55,900.00
(2) The encumbrances on the above described property are as follows:
(example)
Homestead exemption
$2,000.00
Amount of undischarged prior
undertaking of Bail
2,000.00
First mortgage in favor of
(name of lending institution)
22,000.00
Total Encumbrance
$26,000.00
Total Unencumbered Value
$29,999.99
Property owners are qualified to make bail in an amount equal to the Total Unencumbered Value.
(3) That the total number of bails, executed for people other than my immediate family within the year, including this one is _____.
(4) That the above listed real property is not exempt from forced sale under the Constitution and laws of the State of Alabama.
(5) That the property is free of mortgages, liens, and encumbrances other than those listed above.
___________ L.S.
__________L.S.
Surety
Surety
(6) That I am not an attorney, a judicial official, or a person authorized to take bail and that I own property in this state that has a fair market value equal to or greater than the amount of the appearance bond in this cause, exclusive of property exempt from execution and above and over all liabilities, including the amount of all other outstanding appearance bonds entered into by me.
SWORN TO AND SUBSCRIBED before me in _____, Alabama, on this the _____ day of _____, 20__.
_______________
NOTARY PUBLIC
..........................................
NOTICE
I, _____ , HAVE BEEN ADVISED THAT IF I HAVE PROVIDED ANY FALSE INFORMATION IN THE ABOVE AFFIDAVIT, I COULD BE CHARGED WITH A CRIME AND BE PUNISHED ACCORDING TO THE LAW.
_____________
SURETY’S SIGNATURE
_____________
SURETY’S SIGNATURE
(B) WAIVER OF HOMESTEAD EXEMPTION FOR BOND
In the _____ Court of _____County _____ State of Alabama _____ Municipality of _____
v. _________________________________
As (a surety) of the bond securing the presence of the above named defendant, in compliance with Article X, §210, Constitution of Alabama 1901, and §6-10-122, (I) (we) hereby waive by this separate instrument (my) (our) right(s) to claim (my) (our) homestead, exempt from execution or other process for collection of debt necessary for enforcement of the provisions of the bond.
Done this the _____day of _____ 20__.
________________
_________________
Surety/Property Owner
Signature of Surety
(Print Name)
_______________
______________
Spouse of Surety
Signature of Spouse
(Print Name)
I, _____, a Notary Public in and for the above named county of the State of Alabama, hereby certify that the surety and any spouse of the surety; whose name(s) is/are signed to the foregoing instrument, being informed of the instrument, has/have voluntarily executed and acknowledged the same before me this date.
Given under my hand this the _____ day of ______, 20__.
_______________
Notary Public
My Commission Expires: ______

Legislative History

(Acts 1993, No. 93-677, p. 1259, §53.)