Alabama Code 15-13-152. Qualification for property bail
The qualifications for property bail are that each surety be a resident of the state, and an owner of real property therein, and that any property pledged shall be worth, exclusive of all encumbrances and homestead exemptions presently against the property, the amount expressed in the appearance bond. Any proper approving officer, in approving property bail, may allow more than one person to justify severally as bail in amounts less than that expressed in the appearance bond, provided the whole be equivalent to the amount in the appearance bond. The worth shall not be determined by the assessed value of the property but shall be calculated, determined, and evaluated in the manner set forth in the affidavit described in part (A) of this section. If the property owner(s) claim a homestead exemption in the affidavit then they shall also execute the waiver of a homestead exemption form as provided in part (B) below. The affidavit shall be signed by the owners of the properties and the affidavit shall be the same as a lien against the property, and upon the rendition of a final forfeiture, the state or its subdivisions may proceed on the document for sale of the property to satisfy the judgment. The following shall be substantially the forms to be used for the affidavit and waiver mentioned above.
| (A) LIEN AND AFFIDAVIT OF PROPERTY OWNERS – BAIL |
| STATE OF ALABAMA | |
| COUNTY OF _____ | Court _____ |
| or | |
| CITY OF _____ | City/County _____ |
| Charges: _____ |
| VS. |
| _______________ | |
| Name of property owners: | ______ Address: ______ |
| ______ Address: ______ |
STATE OF ALABAMA
COUNTY OF ____________
Before me, the undersigned authority, personally appeared _____, who first by me being duly sworn, on oath, deposes and says:
That he or she possesses the qualifications and is sufficient to become a surety and that he or she is the owner of the following described property, and that he or she pledges said property as collateral for the above named defendant and his or her bail:
| Legal Description of Property Owned: | Value |
| (1) Example: | |
| 40 acres, located ____ … as | |
| recorded in Deed Book ___, at | |
| Page ____, etc. | $45,000.00 |
| .84 acres, located ____ … as | |
| recorded in Deed Book ___, at | |
| Page ____, etc. | 10,000.00 |
| Lots 1, w, 3, and 18, Block B… | |
| as recorded in Deed Book ___, at | |
| Page ____, etc. | 900.00 |
| TOTAL VALUE | $55,900.00 |
(example)
| Homestead exemption | $2,000.00 |
| Amount of undischarged prior | |
| undertaking of Bail | 2,000.00 |
| First mortgage in favor of | |
| (name of lending institution) | 22,000.00 |
| Total Encumbrance | $26,000.00 |
| Total Unencumbered Value | |
| $29,999.99 |
Property owners are qualified to make bail in an amount equal to the Total Unencumbered Value.
Terms Used In Alabama Code 15-13-152
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
- following: means next after. See Alabama Code 1-1-1
- Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- person: includes a corporation as well as a natural person. See Alabama Code 1-1-1
- property: includes both real and personal property. See Alabama Code 1-1-1
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- real property: includes lands, tenements and hereditaments. See Alabama Code 1-1-1
- state: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Alabama Code 1-1-1
- year: means a calendar year; but, whenever the word "year" is used in reference to any appropriations for the payment of money out of the treasury, it shall mean fiscal year. See Alabama Code 1-1-1
| ___________ L.S. | __________L.S. |
| Surety | Surety |
SWORN TO AND SUBSCRIBED before me in _____, Alabama, on this the _____ day of _____, 19__.
| _______________ |
| NOTARY PUBLIC |
……………………………………
| NOTICE |
I, _____ , HAVE BEEN ADVISED THAT IF I HAVE PROVIDED ANY FALSE INFORMATION IN THE ABOVE AFFIDAVIT, I COULD BE CHARGED WITH A CRIME AND BE PUNISHED ACCORDING TO THE LAW.
| _____________ |
| SURETY’S SIGNATURE |
| _____________ |
| SURETY’S SIGNATURE |
| (B) WAIVER OF HOMESTEAD EXEMPTION FOR BOND |
In the _____ Court of _____County _____ State of Alabama _____ Municipality of _____
v. _________________________________
As (a surety) of the bond securing the presence of the above named defendant, in compliance with Article X, §210, Constitution of Alabama 1901, and §6-10-122, (I) (we) hereby waive by this separate instrument (my) (our) right(s) to claim (my) (our) homestead, exempt from execution or other process for collection of debt necessary for enforcement of the provisions of the bond.
Done this the _____day of _____ 19__.
| ________________ | _________________ |
| Surety/Property Owner | Signature of Surety |
| (Print Name) | |
| _______________ | ______________ |
| Spouse of Surety | Signature of Spouse |
| (Print Name) |
I, _____, a Notary Public in and for the above named county of the State of Alabama, hereby certify that the surety and any spouse of the surety; whose name(s) is/are signed to the foregoing instrument, being informed of the instrument, has/have voluntarily executed and acknowledged the same before me this date.
Given under my hand this the _____ day of ______, 19__.
| _______________ |
| Notary Public |
| My Commission Expires: ______ |