§ 6-6-740 — Judgment for Failure to Pay Over Money Collected or Deliver Personal Property Recovered in Capacity as Attorney

Alabama § 6-6-740

• Jurisdiction: Alabama
• Title 6: Civil Practice
• Ch. 6: Remedies
• Art. 16: Statutory Summary Proceedings Involving Officials
• Div. 5: Attorneys-at-Law

Text

(a) Judgment may, in like manner, be summarily entered against any attorney-at-law in this state who fails to pay over money collected by him or deliver personal property recovered by him in that capacity, whether by an action or otherwise, on demand made by the person entitled thereto, his agent or attorney for the amount collected or the value of the property recovered, less the amount due the attorney for fees or compensation for services, interest thereon, and damages at the rate of five percent a month, after such demand, on the aggregate amount, in the circuit court of the county in which such attorney resides or, if he has no known place of residence in this state, in the circuit court of any county, on three days’ personal notice; but such attorney may, if a doubt exists as to the right of the person making the demand or if there is a dispute as to the compensation due the attorney for the collection or recovery of the money or property, pay the money into court or turn the property over to the sheriff at the trial of such motion and have such questions there decided without being liable for interest or damages.
(b) The court may require the party claiming the money or property to establish his right thereto and, in determining the question of compensation, may examine both parties. The court may award costs, including the sheriff’s reasonable expenses for preserving the property, at its discretion.

Legislative History

(Code 1852, §§2635-2637; Code 1867, §§3062-3064; Code 1876, §§3402-3404; Code 1886, §§3142, 3143; Code 1896, §§3810, 3811; Code 1907, §§5946, 5947; Code 1923, §§10267, 10268; Code 1940, T. 7, §§622, 623.)