§ Form89 Order for Writ of Seizure
Form89. Order for Writ of Seizure.
IN THE CIRCUIT COURT OF
__________ COUNTY, ALABAMA
_________________________,
Plaintiff,
v. Civil Action No. __________
_________________________,
Defendant(s).
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 REQUEST 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.)