Ala. Code §§ 6-6-310 to 6-6-353 § 6-6-352
Writs of Restitution or Possession - Issuance by Circuit Court.
Operative Text
In the event that the plaintiff is placed in possession under a writ of restitution or possession, and on appeal the judgment is reversed and one entered for the defendant or the proceeding on appeal is quashed or dismissed, the circuit court may award a writ of restitution or possession to restore him to possession as against the plaintiff, but not as against a third party; but the issuance of the writ rests in the discretion of the appellate court, and the circuit court may, in all cases, direct writs of restitution or possession to be issued by the trial court when, in the judgment of the circuit court, such writ is proper or necessary
Under Alabama Code §§ 6-6-310 to 6-6-353, § 6-6-352, when a landlord or plaintiff has already taken possession of a property through a writ of restitution or possession, and a higher court later reverses that judgment in favor of the original occupant, the circuit court has the discretionary authority to issue a new writ restoring the occupant to possession. This restoration applies only against the original plaintiff, not against any third party who may have since acquired an interest in the property. The circuit court also retains broad authority to direct the trial court to issue writs of restitution or possession whenever it deems such action appropriate or necessary.
Plain English — not legal advice.
Under § 6-6-352, a landlord who obtains possession through a writ of restitution or possession should be aware that the outcome is not necessarily final if the matter is appealed. If an appellate court reverses the judgment, the circuit court may issue a writ restoring the former occupant to possession, and that restoration operates against the original plaintiff. Operators who have regained possession through such a writ generally take care to understand the appellate timeline and the potential for reversal before making significant changes to the property.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 6-6-352 of the Alabama Code provides a potential avenue for a tenant or defendant who has been displaced under a writ of restitution or possession to seek restoration of that possession if an appeal results in a reversed judgment. If the circuit court exercises its discretion favorably, a new writ can be issued to return the occupant to the property as against the original plaintiff. Tenants who believe a judgment against them was wrongly decided may wish to consult a tenant-rights organization or legal aid provider to understand how the appellate process under this provision might apply to their circumstances.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 16, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
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