Detailed Answer
Under Alabama law, when you need to recover possession of personal property wrongfully detained by another party, you must file a Writ of Replevin in your county’s circuit or district court (Ala. Code § 6-6-350). Central to that process is an affidavit of collection (often called an affidavit of replevin) that establishes your right to immediate possession and triggers issuance of the writ.
Key Statutes
- Affidavit and Writ of Replevin: Ala. Code § 6-6-350
- Proceedings After Writ Issuance: Ala. Code § 6-6-352
- Notary Requirements: Ala. Code § 36-21-51 et seq.
Step 1: Draft the Affidavit of Replevin
Your affidavit must contain:
- A caption with the court name, parties, and case number (once assigned).
- An introductory clause: “I, [Your Name], being first duly sworn, depose and say…”
- A clear description of the property (make, model, serial number, or other unique identifiers).
- A statement of your right to possession and that the property is wrongfully detained by the respondent.
- An estimated fair market value of the property.
- A request for issuance of a Writ of Replevin to collect the listed property immediately.
Step 2: Notarization and Certification
Under Ala. Code § 36-21-51, every affidavit must be sworn before a notary public. The notary block should include:
- State and county of notarization.
- Date of notarization.
- Notary’s signature, printed name, commission expiration date, and official seal.
Step 3: Filing with the Court
- File your complaint for replevin and the notarized affidavit with the clerk.
- Pay the filing fee or submit a fee waiver request.
- Post a replevin bond as required by Ala. Code § 6-6-350 to cover potential damages to the defendant if the replevin is wrongful.
Step 4: Service and Enforcement
Once the court issues the Writ of Replevin:
- Serve it, along with a copy of your affidavit and bond, on the respondent or their agent.
- If necessary, a sheriff or constable will execute the writ by taking possession of the property.
Common Pitfalls
- Vague property descriptions may lead to delays or denial.
- Failure to post the correct bond amount can invalidate the writ.
- Incorrect notary blocks can render the affidavit inadmissible.
Helpful Hints
- Double-check the property’s identifiers (serial numbers, VINs).
- Estimate value conservatively to avoid excessive bond requirements.
- Confirm notary commission validity on the date of signing.
- Keep copies of all filed documents and stamped receipts.
- Consider hiring a process server for prompt service of the writ.
Disclaimer: This article provides general information on Alabama law and is not legal advice. Consult an attorney to address your specific situation.