Code of Alabama
Ala. Code § 6-6-148 (2026)
Action by Defendant - on Attachment Bond for Damages.
✓ official Alabama Legislature (ALISON) text, current July 2026
At any time within three years of the suing out of the attachment, before or after the action is determined, the defendant in attachment may commence an action on the attachment bond and may recover such damages as he has actually sustained if the attachment was wrongfully sued out and, if sued out maliciously as well as wrongfully, the jury may, in addition, give vindictive damages.
(Code 1852, §§2564, 2565; Code 1867, §§2992, 2993; Code 1876, §§3317, 3318; Code 1886, §2999; Code 1896, §565; Code 1907, §2966; Code 1923, §6214; Code 1940, T. 7, §887.)
Notes of Decisions
Cited in 6
cases, 1984–1988 · leading case: Jones v. Preuit & Mauldin, 634 F. Supp. 1520 (N.D. Ala. 1986).
Jones v. Preuit & Mauldin, 634 F. Supp. 1520 (N.D. Ala. 1986). “1 is not “adequate”, then what about § 6-6-148, Ala. Code (1975)? This statute surely provided an adequate remedy by saying: At any time within three years of the suing out of the attachment, before or after the action is determined, the defendant in attachment may commence an…”
Tatum v. Schering Corp., 523 So. 2d 1042 (Ala. 1988). “Clearly, the Legislature did not use such terms as "vindictive damages" (§ 6-6-148, Code 1975), which was a phrase used in statutes enacted by the Legislature prior to 1860, the time of the enactment of the first wrongful death statute that the Court interpreted as permitting…”
Jones v. Preuit & Mauldin, 586 F. Supp. 1563 (N.D. Ala. 1984). “Jones here urges that the Alabama statute of limitations more nearly analogous to his situation is Ala.Code § 6-6-148 (1975), which reads as follows: *1565 At any time within three years of the suing out of the attachment, before or after the action is determined, the defendant…”
Greenfield v. Dist. of Columbia, 623 F. Supp. 47 (D.D.C. 1985). “1985), plaintiff challenged the constitutionality of a certain pre-judgment attachment procedure, arguing that the three-year period governing suits on attachment bonds, Ala.Code § 6-6-148, also governed his § 1983 action.”
Jones v. Preuit & Mauldin, 808 F.2d 1435 (11th Cir. 1987). “Thus, to obtain damages on account of a wrongful attachment, a debtor can either bring an independent suit under that section or file a Rule 65.”
Jones v. Preuit, 822 F.2d 998 (11th Cir. 1987). “9 As *1004 the district court noted, Ala.Code § 6-6-148 provides that: At any time within three years of the suing out of the attachment, before or after the action is determined, the defendant in attachment may commence an action on the attachment bond and may recover such…”
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