At any time within three years of the suing out of the attachment, before or after the action is determined, the defendant in attachment may commence an action on the attachment bond and may recover such damages as he has actually sustained if the attachment was wrongfully sued out and, if sued out maliciously as well as wrongfully, the jury may, in addition, give vindictive damages.
Ala. Code § 6-6-148
Action by Defendant - on Attachment Bond for Damages.
Applied in 2 court decisions — leading case 586 F. Supp. 1563 - Jones v. Preuit & Mauldin (1984)
Most recently applied in 623 F. Supp. 47 - Greenfield v. District of Columbia (November 1985)
(Code 1852, §§2564, 2565; Code 1867, §§2992, 2993; Code 1876, §§3317, 3318; Code 1886, §2999; Code 1896, §565; Code 1907, §2966; Code 1923, §6214; Code 1940, T. 7, §887.)
Official source: Alabama Legislature (ALISON). Reproduced from public-domain Alabama statutes; confirm against the official source for the current text. Not legal advice.