(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.
Structure Code of Alabama
Division 6 - Trial Proceedings.
Section 6-6-140 - Filing of Complaint in Actions Begun by Attachment - Time.
Section 6-6-142 - Dismissal of Attachment.
Section 6-6-143 - Construction of Attachment Law; Amendments; Dismissal.
Section 6-6-144 - Suspending Entry of Judgment - Against Executor or Administrator.
Section 6-6-145 - Suspending Entry of Judgment - Against Defendant While Claims, etc., Settled.
Section 6-6-146 - Restoration of Property to Claimant at Plaintiff's Cost.
Section 6-6-147 - Execution Upon Judgment by Plaintiff.
Section 6-6-148 - Action by Defendant - on Attachment Bond for Damages.