Issuance.

Ala. Code tit. 6, ch. 6, art. 2, div. 2

in effect

Ala. Code § 6-6-40 Form.

6-6-40. Form. The form of attachment must be in substance as follows, but no objection shall be taken for any defect in form if the essential matters are set forth: The State of Alabama, _______ county To any sheriff of the State of Alabama: Whereas A. B. (or C. D., as the agent or attorney of A. B., as the case may be) hath complained on oath to me, E. F., judge of the circuit court of said state (or district court judge, or judge of the probate court or clerk of the circuit court of said county or as the case may be), that G. H. is (or will be, as the case may be) justly indebted to the plaintiff in the sum of _____ dollars, and the plaintiff having made affidavit and given bond as required by law in such cases, you are hereby commanded to attach so much of the estate of G. H. as will be of value to satisfy the said debt and costs, according to the complaint, and such estate, unless replevied, so to secure that the same may be liable to further proceedings thereon, to be had in the circuit court for the county of _______, to be held at the courthouse thereof; when and where you must make known how you have executed this writ. Witness my hand, this, etc. E. F., clerk. (Code 1852, §2514; Code 1867, §2939; Code 1876, §3264; Code 1886, §2941; Code 1896, §536; Code 1907, §2936; Code 1923, §6184; Code 1940, T. 7, §857.)

Ala. Code § 6-6-41 Matters for Which Issued.

6-6-41. Matters for Which Issued. Attachments may issue: (1) To enforce the collection of a debt, whether it be due or not, at the time the attachment is taken out; (2) For any moneyed demand, the amount of which can be certainly ascertained; (3) To recover damages for a breach of contract, when the damages are not certain or liquidated; or (4) When the action sounds in damages merely. (Code 1852, §2503; Code 1867, §2927; Code 1876, §3252; Code 1886, §2929; Code 1896, §524; Code 1907, §2924; Code 1923, §6172; Code 1940, T. 7, §845.)

Ala. Code § 6-6-42 Cases in Which Issued.

6-6-42. Cases in Which Issued. In the following cases attachments may issue: (1) When the defendant resides out of the state; (2) When the defendant absconds; (3) When the defendant secretes himself so that the ordinary process of law cannot be served on him; (4) When the defendant is about to remove out of the state; (5) When the defendant is about to remove his property out of the state, so that the plaintiff will probably lose his debt or have to sue for it in another state; (6) When the defendant is about fraudulently to dispose of his property; (7) When the defendant has fraudulently disposed of his property; or (8) When the defendant has moneys, property or effects liable to satisfy his debts which he fraudulently withholds. (Code 1852, §2504; Code 1867, §2938; Code 1876, §3253; Code 1886, §2930; Code 1896, §525; Code 1907, §2925; Code 1923, §6173; Code 1940, T. 7, §846.)

Ala. Code § 6-6-43 By Whom Issued.

6-6-43. By Whom Issued. In the first and second cases mentioned in Section 6-6-41, an attachment may be issued by any judge of the circuit court, returnable to any county in the state, or by the clerk of the circuit court, judge of probate or any district court judge, within their respective counties; in the third and fourth cases, only by a judge of the circuit court or judge of probate, returnable to any county. (Code 1852, §2505; Code 1867, §2929; Code 1876, §3254; Code 1886, §2931; Code 1896, §526; Code 1907, §2926; Code 1923, §6174; Code 1940, T. 7, §847.)

Ala. Code § 6-6-44 Oath of Plaintiff.

6-6-44. Oath of Plaintiff. The officer, before issuing the attachment in the first two cases mentioned in Section 6-6-41, must require the plaintiff, his agent or attorney to make oath of the amount of the debt or demand and that it is justly due, or to become due, that one of the causes enumerated in Section 6-6-42 exists and that the attachment is not sued out for the purpose of vexing or harassing the defendant; and such oath must be reduced to writing and subscribed by the party making it. (Code 1852, §2506; Code 1867, §2930; Code 1876, §3255; Code 1886, §2932; Code 1896, §527; Code 1907, §2927; Code 1923, §6175; Code 1940, T. 7, §848.)

Ala. Code § 6-6-45 Execution of Bond by Plaintiff; Discharge of Levy.

6-6-45. Execution of Bond by Plaintiff; Discharge of Levy. Such officer must, when the attachment is sued out otherwise than upon the ground that the defendant is a nonresident, further require the plaintiff, his agent, or attorney to execute a bond in double the amount claimed, with sufficient surety, payable to the defendant, with the condition that the plaintiff will prosecute the attachment to effect and pay the defendant all such damages as he may sustain by the wrongful or vexatious suing out of such attachment. When the attachment is sued out upon the ground that the defendant is a nonresident, such officer shall issue the writ with or without a bond being given, as the plaintiff may elect. If such attachment is issued without bond, that fact must be endorsed on the writ. Should the defendant before the return day thereof, in person or through his agent or attorney, make an unqualified appearance in the case, it is the duty of the clerk to issue notice to the plaintiff or his attorney of the fact of such appearance. Unless, within five days after the service of such notice, the plaintiff shall make bond payable to the defendant in double the amount sued for, such levy shall be discharged. (Code 1852, §2507; Code 1867, §2931; Code 1876, §3256; Code 1886, §2933; Code 1896, §528; Code 1907, §2928; Code 1923, §6176; Code 1940, T. 7, §849.)

Ala. Code § 6-6-46 When Additional Affidavit of Special Facts and Circumstances to Determine Amount of Levy Required; Reduction of Sum.

6-6-46. When Additional Affidavit of Special Facts and Circumstances to Determine Amount of Levy Required; Reduction of Sum. When an attachment is applied for in the cases provided for in the third and fourth subdivisions of Section 6-6-41, the judge, before issuing it, must require the plaintiff, his agent or attorney, in addition to the affidavit and bond required in other cases, to make affidavit in writing of the special facts and circumstances so as to enable him to determine the amount for which a levy must be made, which sum may, at the discretion of the court, be reduced at the return of the attachment, on affidavit of the defendant, and the levy released to the amount of such reduction. (Code 1852, §2508; Code 1867, §2932; Code 1876, §3257; Code 1886, §2934; Code 1896, §529; Code 1907, §2929; Code 1923, §6177; Code 1940, T. 7, §850.)

Ala. Code § 6-6-47 By Executors and Administrators.

6-6-47. By Executors and Administrators. Executors and administrators may commence an action by attachment in their representative characters. (Code 1852, §2519; Code 1867, §2946; Code 1876, §3271; Code 1886, §2948; Code 1896, §543; Code 1907, §2943; Code 1923, §6191; Code 1940, T. 7, §864.)

Ala. Code § 6-6-48 By One Nonresident Against Another Nonresident.

6-6-48. By One Nonresident Against Another Nonresident. A nonresident of this state may sue out an attachment against a nonresident for an existing debt or ascertained liability; but the plaintiff, his agent or attorney is required, in addition to the oath necessary in other cases, to swear that, according to the best of his knowledge, information and belief, the defendant has not sufficient property within the state of his residence wherefrom to satisfy the debt and must also give bond as in other cases, with surety resident in this state. (Code 1852, §2509; Code 1867, §2933; Code 1876, §3258; Code 1886, §2935; Code 1896, §530; Code 1907, §2930; Code 1923, §6178; Code 1940, T. 7, §851.)

Ala. Code § 6-6-49 By Foreign or Domestic Corporations.

6-6-49. By Foreign or Domestic Corporations. Corporations, either foreign or domestic, are entitled to process of attachment for the recovery of debts or ascertained demands due them, the president, cashier of the corporation, or an agent or attorney thereof making the affidavit and executing bond as in other cases. (Code 1852, §2512; Code 1867, §2936; Code 1876, §3261; Code 1886, §2938; Code 1896, §533; Code 1907, §2933; Code 1923, §6181; Code 1940, T. 7, §854.)

Ala. Code § 6-6-50 Security for Costs by Nonresident or Foreign Corporation.

6-6-50. Security for Costs by Nonresident or Foreign Corporation. When an attachment is sued out in favor of a nonresident or a foreign corporation, security for the costs of the action may be taken and approved by the officer issuing the same or may be endorsed with his approval on the attachment. (Code 1867, §2937; Code 1876, §3262; Code 1886, §2939; Code 1896, §534; Code 1907, §2934; Code 1923, §6182; Code 1940, T. 7, §855.)

Ala. Code § 6-6-51 Against Foreign Corporations.

6-6-51. Against Foreign Corporations. Process of attachment may issue against foreign corporations having property in this state for the recovery of debts or to recover damages for a breach of contract when the damages are not certain or liquidated or, in cases where the action sounds in damages merely, in the same manner and subject to the same rules as in the case of natural persons residing without the state. (Code 1852, §2513; Code 1867, §2938; Code 1876, §3263; Code 1886, §2940; Code 1896, §535; Code 1907, §2935; Code 1923, §6183; Code 1940, T. 7, §856.)

Ala. Code § 6-6-52 When Issued and Executed on Sunday.

6-6-52. When Issued and Executed on Sunday. Attachments may issue and be executed on Sunday if the plaintiff, his agent or attorney, in addition to the oath prescribed for the issue of such process, makes affidavit that the defendant is absconding, or is about to abscond, or is about to remove his property from the state and gives the bond required in this article. (Code 1867, §2941; Code 1876, §3266; Code 1886, §2943; Code 1896, §538; Code 1907, §2938; Code 1923, §6186; Code 1940, T. 7, §859.)

Ala. Code § 6-6-53 Return of Bond and Affidavit.

6-6-53. Return of Bond and Affidavit. The bond and affidavit must be returned by the officer issuing the attachment to the court to which the attachment is returnable. (Code 1852, §2515; Code 1867, §2940; Code 1876, §3265; Code 1886, §2942; Code 1896, §537; Code 1907, §2937; Code 1923, §6185; Code 1940, T. 7, §858.)

Source: Alabama Legislature (alison.legislature.state.al.us)URL: https://alison.legislature.state.al.us/code-of-alabamaFetched: 10/20/2026