Ala. Code §§ 35-9-1 to 35-9-100 § 35-9-62
Affidavit and Bond.
Operative Text
Before such attachment is issued, the plaintiff, or his agent or attorney, must make affidavit, setting forth the amount that is, or will be, due for the rent, that one of the causes for issuing an attachment prescribed in Section 35-9-61 exists, and that the attachment is not sued out for the purpose of vexing or harassing the defendant; and must also execute a bond in double the amount claimed, payable to the defendant, with sufficient surety, and with condition that the plaintiff will prosecute the attachment to effect, and pay the defendant all such damages as he may sustain from the wrongful or vexatious suing out of such attachment.
Under Alabama Code § 35-9-62, before a landlord can obtain a rent-related attachment, two procedural prerequisites must be satisfied. First, the party seeking the attachment must file a sworn affidavit stating the amount of rent owed, confirming that a statutory ground for attachment under § 35-9-61 exists, and declaring that the attachment is not being sought to harass or vex the other party. Second, that party must post a bond equal to twice the amount claimed, which serves as a financial guarantee that the defendant will be compensated if the attachment turns out to have been wrongfully or vexatiously obtained.
Plain English — not legal advice.
Property owners or managers in Alabama who pursue a rent attachment under § 35-9-62 are generally expected to prepare a proper sworn affidavit that accurately states the rent amount due, identifies a qualifying ground from § 35-9-61, and affirms the action is not retaliatory or harassing in nature. Compliant operators also arrange for a surety bond in double the claimed amount before the attachment is issued. Because the bond exposes the landlord to liability for damages if the attachment is found to be wrongful, operators typically ensure their factual basis is well-documented before initiating this process.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Alabama Code § 35-9-62 provides tenants with meaningful procedural protections when a landlord seeks a rent attachment. If the required affidavit is deficient or the bond was not properly posted, a tenant may be able to raise those defects as a challenge to the attachment proceeding. Additionally, if an attachment is found to have been wrongfully or vexatiously obtained, the bond posted under § 35-9-62 exists specifically to compensate the tenant for resulting damages — tenant-rights organizations or legal aid offices can help tenants understand how to pursue that remedy.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 16, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References In
Rules and statutes that cite this regulation