30-3-64
Section 30-3-64 Employer's answer; order binding on employer; modification by court. Within
14 days of the service of an income withholding order upon an employer, the employer shall
file an answer with the court which issued the order. The answer shall state whether or not
the obligor is employed by the employer and whether the employer has in his or its possession
income, as such term is defined in this article, due or due to become due to the obligor.
The answer shall also indicate the amount of the obligor's disposable income, as such term
is defined in the Federal Consumer Credit Act, and whether the obligor's disposable income
is currently subject to any writ of garnishment, previous income withholding order or other
legal process and the nature and extent of such previous judgment and process. If the employer
answers that the obligor has income which is subject to the order for income withholding the
order entered pursuant to any of the provisions of this article shall become...
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15-13-82
Section 15-13-82 Conditional judgment - When set aside or made absolute; when excuses for default
heard. (a) If the defendants appear and show sufficient cause for their default on bail, to
be determined by the court, the conditional judgment must be set aside; but, if the excuse
is not sufficient or if they fail to appear, such judgment must be made absolute for the entire
sum expressed in the undertaking, or any portion thereof, according to the circumstances.
(b) Excuses for default on bail must be heard by the court on application at any time when
not engaged in other business. When a conditional judgment is set aside, no cost must be imposed
on the defendants; provided, however, that this section has no application where money is
deposited instead of bail. (Code 1852, §§707, 708; Code 1867, §§4258, 4259; Code 1876,
§§4867, 4868; Code 1886, §§4436, 4437; Code 1896, §§4379, 4380; Code 1907, §§6359,
6360; Code 1923, §§3392, 3393; Code 1940, T. 15, §§217, 218; Acts...
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30-3-69.1
Section 30-3-69.1 Liability of employer for willful failure to garnish or withhold child support
from wages. An employer who pays his or her employee in a manner intending to protect the
wages of the employee from being garnished or withheld for the purpose of or the collection
of child support payments owed by the employee shall be personally liable for the amount of
child support owed as if the child support had been withheld under Chapter 3 of this title
or to the same degree as an employer who willfully fails or refuses to withhold or pay the
amounts required under Section 30-3-69. Proof of the employer's intent to protect the wages
of the employee in a manner violating this section must be established by clear and convincing
evidence. (Act 2015-365, §1.)...
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6-6-457
Section 6-6-457 Proceedings on failure to appear and answer. If the garnishee fails to appear
and answer, a conditional judgment must be entered against him for the amount of the plaintiff's
claim, as ascertained by his judgment, to be made absolute unless he appears within 30 days
after notice of the conditional judgment issued by the clerk, to be served on him, as other
process, by the sheriff. If he fails to appear within the time required by the notice served
upon him or if two notices are returned "not found" by the sheriff of the county
in which the garnishment was executed, the judgment must be made absolute. (Code 1852, §2545;
Code 1867, §2973; Code 1876, §3298; Code 1886, §2980; Code 1896, §2195; Code 1907, §4324;
Code 1923, §8075; Code 1940, T. 7, §1019.)...
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15-13-139
Section 15-13-139 Remission after final judgment of forfeiture. In forfeiture cases where the
sureties have paid the amount of the forfeiture into the court or in cases where the forfeiture
has been made final or absolute and there is no further litigation pending on the forfeiture,
and the surety locates the defendant and causes the return of the defendant to the custody
of the court where the bond was forfeited, and if the defendant was substantially procured
by actions of the surety, and the administration of justice has not been thwarted nor the
successful prosecution of the defendant has been affected, then the court which ordered the
forfeiture, shall have full power and jurisdiction in all proceedings conducted pursuant to
this article and within a period of six months from the date of issuance of any final forfeiture
judgment, to consider any costs to the state or its subdivisions which resulted as a cause
of the default, if any, and upon giving consideration thereto, may, in...
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6-6-483
Section 6-6-483 Answer of state official garnished to show assent to judgment. Where an official
of the State of Alabama or other person designated in this division has been garnished, as
provided by Section 6-6-482, and answer has been filed by said person, in accordance with
the mandate of said writ, admitting that the said State of Alabama is due, or will be due,
the defendant in said garnishment proceedings money for salary and has said money ready for
payment when due, the said answer must also show the assent of said person that judgment may
be entered in said case for the amount shown in said answer or so much thereof as may be necessary
to satisfy plaintiff's judgment. In no case shall judgment against said official or other
person designated in this division as the agent of the state be entered on said answer or
in said garnishment proceedings unless such assent and consent to said judgment is shown in
said answer. When such final judgment is so entered, after trial of said...
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25-5-84
Section 25-5-84 Modification of payments. All amounts paid by the employer and received by
the employee or his dependents under settlements made under Section 25-5-56 shall be final,
but the amount of any award payable periodically for more than six months may be modified
at any time by agreement of the parties and approved by the court. (Acts 1919, No. 245, p.
206; Code 1923, §7574; Code 1940, T. 26, §300; Acts 1967, No. 168, p. 509, §5.)...
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45-41-260.14
Section 45-41-260.14 Appeals. Any party aggrieved by any final judgment or decision of the
commission, within 15 days, may request a review of the record by a five member review board
appointed by the Lee County Commission, one member being the county planning director, one
member being the county public works director, two members who are experts in related fields
of planning, and one public member. This review board may require that the planning commission
reconsider its earlier decision. If such reconsideration is ordered, the planning commission
may reconsider the previous record and any additional material which the planning commission
considers relevant. If upon reconsideration by the planning commission, any party remains
aggrieved by any final judgment of the planning commission, any party, within 30 days thereafter,
may appeal therefrom to circuit court as provided below. If no review by the five member review
board is requested by any party aggrieved by any final judgment or...
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45-44-260.14
Section 45-44-260.14 Appeals. Any party aggrieved by any final judgment or decision of the
planning commission, within 15 days, may request a review of the record by a five-member review
board appointed by the Macon County Commission, one member being the county planning director,
one the county public works director, two experts in related fields of planning, and one other
member. This review board is empowered to require that the planning commission reconsider
its earlier decision. If such reconsideration is ordered, the planning commission may reconsider
the previous record and any additional material which the planning commission considers relevant.
If upon reconsideration by the planning commission, any party remains aggrieved by the final
judgment of the planning commission, within 30 days they may appeal to the circuit court as
provided herein. If no review by the five-member review board is requested by any party aggrieved
by any final judgment or decision of the commission, or...
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6-6-463
Section 6-6-463 Disposition of claims of other persons suggested by garnishee. (a) When the
garnishee, by his answer as originally filed or by any supplemental answer thereafter, alleges,
at any time before final judgment against him, that he has been notified that another person
claims title to, or an interest in, the debt, demand, money, or effects which, by his answer,
he has admitted to be due or owing or to be in his possession, the clerk must issue notice
to the suggested claimant to appear within 30 days after service of the notice and propound
his claim and contest with the plaintiff the right to such debt, demand, money or effects.
(b) If he appears, he must be required to propound his claim in writing and make oath thereto,
upon which the plaintiff must take issue in law or in fact, and the issue in fact must be
tried by a jury, if required by either party. If the issue is found for the plaintiff, judgment
must be entered against the garnishee on his answer or, if for the...
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