6-6-394
Section 6-6-394 Notice to defendant. When the defendant resides within the state and the garnishment
is issued on a judgment or in a pending action in which an appearance has not been entered
for the defendant, the officer issuing the garnishment must issue notice thereof to the defendant,
which notice must be served on him at least five days before judgment against the garnishee.
(Code 1896, §2176; Code 1907, §4305; Code 1923, §8056; Code 1940, T. 7, §1000.)...
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6-6-431
Section 6-6-431 Bond in double amount; dissolution of garnishment and discharge of all garnishees;
judgment against obligors. (a) The defendant may, instead of the bond mentioned in Section
6-6-430, give bond in double the amount of the plaintiff's demand, payable to the plaintiff,
with sufficient surety, to be approved by the judge or clerk and conditioned to pay such judgment
as may be entered or ascertained to exist in favor of the plaintiff and against the defendant
in the case and costs of the action. Thereupon, the garnishment is dissolved and the garnishee
discharged and need not answer; and, upon the trial of the case, if judgment is entered or
ascertained to exist in favor of the plaintiff against the defendant, the court must also
enter judgment against the obligors in the bond for the amount of such judgment, interest
thereon and costs of the action. (b) The giving of the bond authorized in this section operates
to discharge all garnishees in the case, whether one or more....
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6-6-391
Section 6-6-391 Affidavit of amount due plaintiff. To obtain such writ of garnishment, the
plaintiff, his agent or attorney must make, before an officer authorized to administer oaths,
and file, with the clerk of the court in which the action is pending or the judgment was entered,
an affidavit stating the amount due from the defendant to the plaintiff, or his assignee,
that process of garnishment is believed to be necessary to obtain satisfaction thereof and
that the person to be summoned as garnishee is believed to be chargeable as garnishee in the
case. It is not ground of objection that two or more persons having separate interests are
mentioned as garnishees. (Code 1852, §2471; Code 1867, §2892; Code 1876, §3219; Code 1886,
§§2968, 2973; Code 1896, §2173; Code 1907, §4302; Code 1923, §8053; Code 1940, T. 7,
§997.)...
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6-6-484
Section 6-6-484 Drawing of warrant or check for money due as salary. After such writ has been
served as provided in this division, the said agent of the state shall draw no warrant or
check for the money due such defendant as salary and included in the answer filed in said
garnishment case until said garnishment proceedings have terminated, unless said writ is dissolved
in the manner provided by the statutes. After final judgment condemning said money as provided
in this division, said agent of the state may draw a warrant or check for the money so condemned
and deliver same to the clerk of the court or to the court where such judgment was obtained.
(Acts 1923, No. 427, p. 575; Code 1923, §8093; Code 1940, T. 7, §1037.)...
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43-2-150
Section 43-2-150 Enforcement of judgments, etc., of probate court against representatives -
Generally. All judgments, orders, and decrees of the probate court against an executor or
administrator for the payment of money may be enforced by execution or by process of garnishment,
which may issue in like cases and manner as it may issue on judgments in circuit courts, and
may, in like manner, be prosecuted to judgment against the garnishee; for the delivery of
personal property, by attachment or a special order to the sheriff, requiring him to take
such property and deliver the same according to the judgment, order or decree; for the possession
of land, by a writ to the sheriff against the executor or administrator, requiring him to
put the heir or devisee in possession of the same. (Code 1852, §1921; Code 1867, §2280;
Code 1876, §2618; Code 1886, §2276; Code 1896, §345; Code 1907, §2812; Code 1923, §6051;
Code 1940, T. 61, §128.)...
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6-6-370
Section 6-6-370 "Garnishment" defined. A "garnishment," as employed in
this article, is process to reach and subject money or effects of a defendant in attachment,
in a judgment or in a pending action commenced in the ordinary form in the possession or under
the control of a third person, or debts owing such defendant or liabilities to him on contracts
for the delivery of personal property, on contracts for the payment of money which may be
discharged by the delivery of personal property or on contracts payable in personal property;
and such third person is called the garnishee. (Code 1886, §2994; Code 1896, §2171; Code
1907, §4300; Code 1923, §8051; Code 1940, T. 7, §995.)...
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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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6-6-565
Section 6-6-565 Time to answer; default judgments. All defendants shall have 30 days from the
date of service to answer the complaint, and those served by publication shall have 30 days
after the perfection of such service so to answer. In default of answers by any defendants,
judgments by default shall be entered against them, in accordance with civil practice. (Acts
1923, No. 526, p. 699; Code 1923, §9914; Code 1940, T. 7, §1118; Acts 1951, No. 882, p.
1521, §3.)...
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36-12-22
Section 36-12-22 Proceedings for recovery of papers, property, etc., by successor to office
generally - Hearing; termination of proceedings against person charged with withholding papers,
property, etc., upon making of affidavit. At the time so appointed or at any other time to
which the matter may be adjourned, a copy of such order having been personally served on the
person so refusing, such officer shall proceed to inquire into the circumstances. If the person
charged with withholding such books, papers or property makes affidavit before such officer
that he has delivered over to his successor all such books, papers and property in his custody
or appertaining to such office, all further proceedings against him shall cease. (Code 1852,
§156; Code 1867, §195; Code 1876, §208; Code 1886, §303; Code 1896, §3135; Code 1907,
§1551; Code 1923, §2685; Code 1940, T. 41, §134.)...
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6-6-481
Section 6-6-481 Who may be garnished; how effected. (a) Money due officials or employees of
a city, county, or state government, or any department or institution thereof, as salary for
services performed for or on behalf of said city, county, or state, or any department or institution
thereof, may be garnished. (b) In such cases, the writ of garnishment may be served on the
person authorized by law to draw the warrant on the treasury of said government or to issue
a check for such salary so due, and such person shall be required to answer said writ in accordance
with the mandate thereof and as provided by law. (Acts 1923, No. 427, p. 575; Code 1923, §§8088,
8089; Code 1940, T. 7, §§1032, 1033.)...
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