Code of Alabama

Ala. Code § 6-6-45 (2026)

Execution of Bond by Plaintiff; Discharge of Levy.

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

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Such officer must, when the attachment is sued out otherwise than upon the ground that the defendant is a nonresident, further require the plaintiff, his agent, or attorney to execute a bond in double the amount claimed, with sufficient surety, payable to the defendant, with the condition that the plaintiff will prosecute the attachment to effect and pay the defendant all such damages as he may sustain by the wrongful or vexatious suing out of such attachment. When the attachment is sued out upon the ground that the defendant is a nonresident, such officer shall issue the writ with or without a bond being given, as the plaintiff may elect. If such attachment is issued without bond, that fact must be endorsed on the writ. Should the defendant before the return day thereof, in person or through his agent or attorney, make an unqualified appearance in the case, it is the duty of the clerk to issue notice to the plaintiff or his attorney of the fact of such appearance. Unless, within five days after the service of such notice, the plaintiff shall make bond payable to the defendant in double the amount sued for, such levy shall be discharged.

(Code 1852, §2507; Code 1867, §2931; Code 1876, §3256; Code 1886, §2933; Code 1896, §528; Code 1907, §2928; Code 1923, §6176; Code 1940, T. 7, §849.)

Notes of Decisions

Cited in 4 cases, 1982–1987 · 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). “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.”

Jones v. Preuit & Mauldin, 808 F.2d 1435 (11th Cir. 1987). “Ala.Code § 6-6-45 (1975). Rule 65.1 allows the debtor to enforce the surety’s liability on that bond if the attachment was wrongful.”

Jones v. Preuit & Mauldin, 586 F. Supp. 1563 (N.D. Ala. 1984). · cites it 2× “Perhaps it would be theoretically possible to draft a bond of an unlimited monetary amount covering all possible losses resulting from a breach of the bond. But this Court is not here dealing with such an hypothetical bond but with the law of Alabama which does not contemplate…”

Jones v. Preuit, 822 F.2d 998 (11th Cir. 1987). “The statute is constitutionally adequate in that it requires the posting of a bond, Ala.Code §§ 6-6-45, 35-11-111, and because it affords an opportunity to challenge the writ, § 6-6-148.”

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