Alabama Code 6-6-40. Form
Terms Used In Alabama Code 6-6-40
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- circuit: means judicial circuit. See Alabama Code 1-1-1
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Probate: Proving a will
- state: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Alabama Code 1-1-1
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
The form of attachment must be in substance as follows, but no objection shall be taken for any defect in form if the essential matters are set forth:
The State of Alabama,
_______ county
To any sheriff of the State of Alabama:
Whereas A. B. (or C. D., as the agent or attorney of A. B., as the case may be) hath complained on oath to me, E. F., judge of the circuit court of said state (or district court judge, or judge of the probate court or clerk of the circuit court of said county or as the case may be), that G. H. is (or will be, as the case may be) justly indebted to the plaintiff in the sum of _____ dollars, and the plaintiff having made affidavit and given bond as required by law in such cases, you are hereby commanded to attach so much of the estate of G. H. as will be of value to satisfy the said debt and costs, according to the complaint, and such estate, unless replevied, so to secure that the same may be liable to further proceedings thereon, to be had in the circuit court for the county of _______, to be held at the courthouse thereof; when and where you must make known how you have executed this writ.
| Witness my hand, this, etc. | |
| E. F., clerk. |