Alabama

Civil Procedure

Form 89 – Order for writ of seizure

IN THE CIRCUIT COURT OF ______________ COUNTY, ALABAMA

____________________,

Plaintiff,

v.

Defendant(s).

Civil Action No. _______

ORDER FOR WRIT OF SEIZURE

Plaintiff having made affidavit in compliance with Rule 64(b) of the Alabama Rules of Civil Procedure and therein having identified defendant _______ as in possession of the following described property, to-wit:

__________________________________________________________________

__________________________________________________________________

and the Court having examined said affidavit and finding that reasonable grounds exist to authorize issuance of this order, it is

ORDERED, ADJUDGED and DECREED that, upon approval by the Clerk of this Court of the plaintiff’s detinue bond, that the property described in the complaint and in this order shall be seized by the sheriff or other duly constituted officer subject to further orders of the Court.

TAKE NOTICE THAT THE DEFENDANT IS ENTITLED, AS A MATTER OF RIGHT, TO A PRE-JUDGMENT HEARING ON THE ISSUE OF DISSOLUTION OF THE WRIT OF SEIZURE IF A WRITTEN REQUEST FOR HEARING IS SERVED ON COUNSEL FOR THE PLAINTIFF WITHIN FIVE DAYS FROM THE DATE OF SEIZURE OF THE PROPERTY BY THE SHERIFF OR OTHER DULY CONSTITUTED OFFICER.

SHOULD DEFENDANT DESIRE SUCH PRE-JUDGMENT HEARING, HE SHOULD FILE THE ORIGINAL OF HIS WRITTEN REQUEST FOR SAID HEARING WITH THE CLERK OF THIS COURT AND A COPY OF SAID REQUEST SHOULD BE SERVED ON COUNSEL FOR THE PLAINTIFF. IF, AFTER TIMELY AND PROPER REQUEST, NO HEARING HAS BEEN HELD, THE WRIT OF SEIZURE AUTHORIZED HEREIN SHALL EXPIRE ON THE FIFTEENTH DAY AFTER THE SEIZURE OF THE PROPERTY BY THE SHERIFF OR OTHER DULY CONSTITUTED OFFICER. IF NO RE-QUEST FOR HEARING IS MADE, THE WRIT SHALL REMAIN IN EFFECT PENDING FURTHER ORDERS OF THE COURT.

It is further ordered that a copy of this order be served upon the defendant with aforementioned writ of seizure.

DONE this __________ day of __________,19__.

______________________

CIRCUIT JUDGE

Adopted 10-28-75.