Ala. Code §§ 35-9-1 to 35-9-100 § 35-9-64
Law Governing Proceedings.
Operative Text
The law governing the issue, levy, trial, and other proceedings in attachment proceedings in general, not inconsistent with the provisions of this division, shall govern in all cases arising under this division.
Section 35-9-64 of the Alabama Code establishes that the general rules and procedures governing attachment proceedings in Alabama apply to landlord-tenant attachment cases, as long as those general rules do not conflict with the specific provisions of this division. In effect, this provision fills procedural gaps by incorporating the broader body of attachment law rather than requiring the landlord-tenant statutes to spell out every procedural detail. The result is a unified procedural framework where the specific landlord-tenant attachment rules take precedence, and general attachment law governs everything else.
Plain English — not legal advice.
Under § 35-9-64, property owners pursuing an attachment action against a tenant are subject not only to the landlord-tenant attachment rules in this division but also to Alabama's general attachment statutes wherever the two do not conflict. Compliant operators and their legal counsel typically ensure that all procedural steps—such as issuing writs, levying on property, and conducting hearings—conform to both sets of rules. Familiarity with the broader attachment framework helps operators avoid procedural missteps that could undermine an otherwise valid claim.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 35-9-64 means that if a landlord initiates an attachment proceeding, the process is governed by both the specific landlord-tenant attachment rules and Alabama's general attachment law, giving tenants a broader set of procedural protections to invoke. Tenants facing such proceedings may find it useful to review both bodies of law to understand whether proper procedures were followed at every stage, including the issuance and levy of any writ. Tenant-rights organizations or legal aid services can help identify whether any procedural requirement under this combined framework was not met, which may be relevant to how a case proceeds.
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 Out
No outbound references recorded yet for this provision.
References In
Rules and statutes that cite this regulation