Code of Alabama
Ala. Code § 6-6-44 (2026)
Oath of Plaintiff.
✓ official Alabama Legislature (ALISON) text, current July 2026
The officer, before issuing the attachment in the first two cases mentioned in Section 6-6-41, must require the plaintiff, his agent or attorney to make oath of the amount of the debt or demand and that it is justly due, or to become due, that one of the causes enumerated in Section 6-6-42 exists and that the attachment is not sued out for the purpose of vexing or harassing the defendant; and such oath must be reduced to writing and subscribed by the party making it.
(Code 1852, §2506; Code 1867, §2930; Code 1876, §3255; Code 1886, §2932; Code 1896, §527; Code 1907, §2927; Code 1923, §6175; Code 1940, T. 7, §848.)
Notes of Decisions
Cited in 3
cases, 1982–2011 · leading case: Wiggins v. Roberts, 551 F. Supp. 57 (N.D. Ala. 1982).
Wiggins v. Roberts, 551 F. Supp. 57 (N.D. Ala. 1982). “In passing, the Court notes that defendant Albert issued this particular attachment on an insufficient affidavit (§ 6-6-44, Code of Alabama [1975]) and an insufficient bond (§ 6-6-45, Code of Alabama [1975]), even under the then existing Alabama law.”
Universal Saf. Response, Inc. v. Gov't Technical Servs., LLC, 767 F. Supp. 2d 1252 (M.D. Ala. 2011). “” 1975 Ala.Code § 6-6-44. USR has not fulfilled these additional requirements in order to obtain a writ of attachment.”
East Bay Apts. v. Martin, 412 So. 2d 815 (Ala. Civ. App. 1982). “He first alleges that the original affidavit filed by respondent in conjunction with the request for a writ of attachment was invalid for failure to allege that the writ was not sued out solely “to vex or harass the defendant,” as required by § 6-6-44, Code 1975, the provision…”
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