§ 6-9-196 — Transfer of Judgment; Right of Assignee Thereof to Have Execution; Action or Reviver Thereon

Alabama § 6-9-196

• Jurisdiction: Alabama
• Title 6: Civil Practice
• Ch. 9: Judgments
• Art. 8: Revival of Judgments

Text

(a) When the transfer is made by any agent or attorney, the authority of the agent or the power of attorney shall be in writing duly acknowledged and recorded in the office of the probate judge and referred to in such transfer by noting the book and page where recorded. After such transfer, the original plaintiff shall have no further authority or control over such judgment.
(b) If an assignment of a judgment is made or endorsed on the execution docket or on the margin of the record of the judgment and is attested by the clerk, register or judge of probate, the assignee may have execution thereon in the name of the plaintiff for the use of the assignee, whether the plaintiff is living or dead.
(c) In all cases where a transfer of a judgment of a court in this state is made or endorsed on the execution docket or on the margin of the record of the judgment in the court where entered or in the office of the probate judge where a certificate of the judgment is recorded and which transfer is attested by the clerk, register or judge of probate, the assignee of such judgment in addition to the rights conferred upon him by subsection (b) of this section may maintain any action thereon or proceeding to revive in his own name that the plaintiff in said judgment could maintain if such transfer had not been made, whether the plaintiff is living or dead.
(d) The assignee of a judgment, if the assignment is in writing, may have the same revived in his name by appropriate action or motion under the Alabama Rules of Civil Procedure.

Legislative History

(Code 1867, §2836; Code 1876, §3178; Code 1886, §§2927, 2928; Code 1896, §§1928, 1929; Code 1907, §§4152, 4153; Acts 1915, No. 520, p. 591; Code 1923, §§7867-7870; Code 1940, T. 7, §§578-581.)