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AL SB196

Bill

Status

Introduced

3/10/2015

Primary Sponsor

Rodger Smitherman

Click for details

Origin

Senate

Regular Session 2015

AI Summary

SB196 Summary

  • Enacts the Alabama Uniform Asset-Preservation Orders Act to create procedures for issuing asset-preservation orders in civil actions seeking monetary damages.

  • Allows courts to issue asset-preservation orders either with notice and expedited hearing or without notice (expiring within 10 days unless extended) upon finding substantial likelihood of prevailing on merits and risk of asset dissipation.

  • Permits orders to bind nonparties such as banks, requiring them to prevent asset dissipation while allowing nonparties to move for dissolution or modification on expedited basis.

  • Excludes actions against individuals for consumer debt and family law matters from the act's application.

  • Establishes procedures for recognizing asset-preservation orders from other states and foreign courts, requires security/indemnity for costs and damages, and makes orders enforceable with full faith and credit like judgments.

Legislative Description

Civil actions, Uniform Asset-Preservation Orders Act enacted, procedure for court orders to preserve assets of parties including order to nonparties

Civil Procedure

Last Action

Indefinitely Postponed

6/3/2015

Committee Referrals

Judiciary3/10/2015

Full Bill Text

No bill text available