Ala. Code
Code of Alabama

Ala. Code § 35-11-5 (2026)

Affidavit and Bond Required Before Issue of Attachment.

✓ official Alabama Legislature (ALISON) text, laws through the 2026 Regular Session
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In all cases in this chapter where the process of attachment is authorized, and unless otherwise particularly provided for in the article declaring the lien, before such attachment shall issue, the plaintiff, his agent or attorney must make affidavit setting forth the amount of such claim, or if a toll is claimed, the reasonable value thereof, that one of the enumerated causes for attachment prescribed in the applicable article exists, that the attachment is not sued out for the purpose of vexing or harassing the defendant, whether or not the debt or toll is due, and if not, when the same will be due, that said debt or toll remains unpaid, and must describe therein, as near as practicable, the property on which the lien is claimed. He must also execute a bond in double the amount claimed, with sufficient sureties to be approved by the officer issuing the attachment, payable to the defendant and with the condition that the plaintiff will prosecute the attachment to effect and pay the defendant all such damages as he may sustain from the wrongful or vexatious suing out of such attachment.

(Code 1940, T. 33, §5.)

Notes of Decisions
Cited in 2 cases, 1986–1987 · leading case: Jones v. Preuit & Mauldin, 634 F. Supp. 1520 (N.D. Ala. 1986).
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Jones v. Preuit & Mauldin, 634 F. Supp. 1520 (N.D. Ala. 1986). · cites it 2× “Presumptively Jones was referring to §§ 35-11-5, 35-11-110 and 35-11-111, Ala.”
Jones v. Preuit & Mauldin, 808 F.2d 1435 (11th Cir. 1987). “CONSTITUTIONALITY OF ALABAMA ATTACHMENT STATUTE Jones argues that the district court erred in refusing to grant him partial summary judgment on the issue whether Ala.Code §§ 35-11-5, -110, and -111 were unconstitutional.”
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