Code of Alabama
Ala. Code § 35-9-62 (2026)
Affidavit and Bond.
✓ official Alabama Legislature (ALISON) text, laws through the 2026 Regular Session
Before such attachment is issued, the plaintiff, or his agent or attorney, must make affidavit, setting forth the amount that is, or will be, due for the rent, that one of the causes for issuing an attachment prescribed in Section 35-9-61 exists, and that the attachment is not sued out for the purpose of vexing or harassing the defendant; and must also execute a bond in double the amount claimed, payable to the defendant, with sufficient surety, and with 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 1886, §3071; Code 1896, §2718; Code 1907, §4749; Code 1923, §8816; Code 1940, T. 31, §31.)
Notes of Decisions
Cited in 1
case, 1982–1982 · leading case: East Bay Apts. v. Martin, 412 So. 2d 815 (Ala. Civ. App. 1982).
East Bay Apts. v. Martin, 412 So. 2d 815 (Ala. Civ. App. 1982). “” The affidavit failed to contain a statement to the effect that the writ was not sued out solely “for the purpose of vexing or harassing the defendant,” as required by § 35-9-62, Code 1975, the provision dealing with a landlord’s lien on the tenant’s possessions for rent due…”
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