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.)
Notes of Decisions
D.M.C. Enter., Inc. v. Hope, 100 So. 3d 1102 (Ala. Civ. App. 2012).
· cites it 2× “In her brief on appeal, Hope specifically relies on Ala.Code 1975, § 6-6-42, a part of Alabama’s attachment statutes, codified at Ala.”
Ex Parte Lewis, 571 So. 2d 1069 (Ala. 1990).
· cites it 2× “Thus there is no question that the conditions which justify a prejudgment attachment under the terms of Ala.Code, § 6-6-42, are not present in this case.”
Universal Saf. Response, Inc. v. Gov't Technical Servs., LLC, 767 F. Supp. 2d 1252 (M.D. Ala. 2011).
· cites it 3× “In addition, a plaintiff must meet certain procedural requirements before a court may grant a writ of attachment, such as submitting an “oath” verifying “the amount of the debt or demand and that it is justly due,” and “that one of the causes enumerated in Section 6-6-42 exists…”
Gov't Employees Ins. Co v. Stiles, 571 So. 2d 1069 (Ala. 1990).
· cites it 2× “Thus there is no question that the conditions which justify a prejudgment attachment under the terms of Ala. Code, § 6-6-42, are not present in this case.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.