Alabama Procedural Requirements for Wage Garnishment -

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Alabama Procedural Requirements

To obtain a writ of garnishment, a judgment creditor must make, before an officer authorized to administer oaths, and file, with the clerk of the court in which the judgment was entered, an affidavit stating the amount due from the judgment debtor to the judgment creditor, 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. Alabama Code _ 66 391.

Upon the filing of the affidavit, the officer filing the affidavit must issue process of garnishment and a copy thereof for each garnishee, to be served by the proper officer, requiring the garnishee to appear within 30 days and file an answer upon oath. Alabama Code _ 66393.

When a garnishment is issued on a judgment in which an appearance has not been entered for the defendant, the officer issuing the garnishment must issue notice to the defendant contemporaneously with the service of process of garnishment on the garnishee. The notice shall identify the name of the parties, the court in which the action is pending and the case number. In addition, except in proceedings to collect child or spousal support, the notice shall also contain a statement concerning rights of exemption. Alabama R. Civil. P. 64A.

Upon filing of the garnishee's answer, the clerk or register shall give the plaintiff and the defendant notice, and the garnishee may, if required by the plaintiff, be examined orally in the presence of the court. Any demand for oral examination must be made by motion filed within 30 days from the date of notice of filing of the answer. Alabama Code _ 66450.

If the garnishee admits the possession of money belonging to the defendant, he must pay the same or so much as may be necessary to satisfy the plaintiff's demand and costs into court to await the order of the court. Alabama Code _ 66 452.

When the answer of the garnishee is not controverted or, if controverted, is found for him, he shall be allowed $3 per day during his attendance when such attendance is required, together with five cents per mile going to and returning from court. In addition, when the personal attendance of the garnishee is not required, he shall be allowed $3 for such answer, which shall be taxed and collected as other costs. Alabama Code _ 66462.


Interest Rate at which Judgments Accrue

Judgments for the payment of money, other than costs, if based upon a contract action, bear interest from the day of the cause of action, at the same rate of interest as stated in the contract. All other judgments shall bear interest at the rate of 12 percent per annum. In addition, fees allowed a trustee, executor, administrator, or attorney and taxed as part of the cost of the proceeding shall bear interest at a like rate from the day of entry. Alabama Code _ 8810. Applicable Forms Rights of Exemption, Alabama R. Civil. P. 64A.