Ala. Code
Code of Alabama

Ala. Code § 6-6-43 (2026)

By Whom Issued.

✓ official Alabama Legislature (ALISON) text, current July 2026
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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.)

Notes of Decisions
Cited in 5 cases, 1982–1988 · leading case: Wiggins v. Roberts, 551 F. Supp. 57 (N.D. Ala. 1982).
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Wiggins v. Roberts, 551 F. Supp. 57 (N.D. Ala. 1982). · cites it 3× “The case was decided on its merits on July 6, 1981, by a declaration that §§ 6-6-43 and 6-6-44, Code of Alabama (1975), as applied to Alabama residents such as plaintiff, are unconstitutional.”
Jones v. Preuit & Mauldin, 851 F.2d 1321 (11th Cir. 1988). · cites it 3× “While the state law appears to allow a clerk of court to issue the writ of attachment (Ala.Code § 6-6-43), these affidavits were presented to the judge of the circuit court, who authorized the issuance of a writ for each of the three pieces of equipment.”
Jones v. Preuit & Mauldin, 634 F. Supp. 1520 (N.D. Ala. 1986). · cites it 2× “It is also interesting that when applied to resident debtors §§ 6-6-43 and 6-6-44 have already been held to be unconstitutional by this court, a fact apparently not known to Jones’ counsel.”
Jones v. Preuit & Mauldin, 808 F.2d 1435 (11th Cir. 1987). “Ala.Code §§ 6-6-43 and -45 (1975). The defendants point to Ala.”
Jones v. Preuit, 822 F.2d 998 (11th Cir. 1987). “Ala. Code § 6-6-43 . However, nothing in those provisions authorizes a circuit court judge to go behind a creditor’s allegations in order to determine their validity.”
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