Alabama § 6-6-141 Filing of Complaint in Actions Begun by Attachment - Issuance and Service of Summons; Default Judgment

Alabama Statutes

§ 6-6-141 — Filing of Complaint in Actions Begun by Attachment - Issuance and Service of Summons; Default Judgment

Alabama § 6-6-141

JurisdictionAlabama

Title 6Civil Practice

Ch. 6Remedies

Art. 2Attachment

Div. 6Trial Proceedings

This text of Alabama § 6-6-141 (Filing of Complaint in Actions Begun by Attachment - Issuance and Service of Summons; Default Judgment) is published on Counsel Stack Legal Research, covering Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ala. Code § 6-6-141 (2026).

Text

(a)Whenever a complaint is filed in an action begun by attachment, whether at the time of suing out the attachment or subsequently thereto, a summons shall issue upon the complaint in all respects, and with the same effect as if the action had been begun by complaint. The issuance and service of such a summons shall in no manner affect the levy or lien of the attachment or the enforcement thereof.

(b)If the defendant appears and pleads, the case proceeds as in actions commenced by complaint. If he fails to appear or, appearing, fails to plead within the time required by law, the plaintiff may take judgment by default, and the court may determine the amount of damages pursuant to the Alabama Rules of Civil Procedure, if necessary.

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(a) Whenever a complaint is filed in an action begun by attachment, whether at the time of suing out the attachment or subsequently thereto, a summons shall issue upon the complaint in all respects, and with the same effect as if the action had been begun by complaint. The issuance and service of such a summons shall in no manner affect the levy or lien of the attachment or the enforcement thereof.
(b) If the defendant appears and pleads, the case proceeds as in actions commenced by complaint. If he fails to appear or, appearing, fails to plead within the time required by law, the plaintiff may take judgment by default, and the court may determine the amount of damages pursuant to the Alabama Rules of Civil Procedure, if necessary.

Legislative History

(Code 1852, §2572; Code 1867, §3000; Code 1876, §3325; Code 1886, §2996; Code 1896, §562; Code 1907, §§2962, 2963; Code 1923, §§6210, 6211; Code 1940, T. 7, §§883, 884.)