Ala. Code §§ 35-9-1 to 35-9-100 § 35-9-36
Issuance and Return of Attachment; Trial; Property Leviable.
Operative Text
Such attachment may be issued by any officer authorized to issue attachment in other cases, and made returnable before any court of competent jurisdiction, and must be tried in the same manner, and upon the same notice, as other attachment proceedings are tried, and may be levied on the crop, or the proceeds thereof, and on the articles advanced, and property purchased with money advanced or obtained by barter in exchange for articles advanced.
Alabama Code § 35-9-36 establishes the procedural framework for a landlord's attachment remedy in agricultural tenancy disputes. Under this provision, an attachment writ may be issued by any officer who has general authority to issue attachments, and the resulting case is heard by a court of competent jurisdiction using the same procedural rules that govern other attachment proceedings. The attachment may reach the tenant's crop or its proceeds, as well as any articles that were advanced to the tenant or property acquired using advanced money or goods obtained through barter.
Plain English — not legal advice.
Under § 35-9-36, landlords or agricultural lessors who have advanced supplies, seed, or other goods to a tenant may pursue an attachment that can reach the crop itself, the proceeds from its sale, or property tied to those advances. A compliant operator pursuing this remedy generally works through an officer authorized to issue attachments and ensures the matter is filed in a court of competent jurisdiction. Operators familiar with this provision typically document all advances—whether in cash, goods, or barter—so that the attachment can be properly levied on the correct property.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 35-9-36 defines what property a landlord may attach in an agricultural tenancy dispute, specifically crops, their proceeds, and items connected to advances made by the landlord. Tenants should be aware that this attachment follows the same procedural rules as other attachment proceedings, which means there are established notice requirements and a right to a hearing before a court of competent jurisdiction. Tenants who believe an attachment has been improperly issued or levied on property not covered by § 35-9-36 may raise that issue as a defense in the attachment proceeding or consult a tenant-rights organization for general guidance.
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.
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