Institution of Proceedings.

Ala. Code tit. 6, ch. 6, art. 9, div. 2

in effect

Ala. Code § 6-6-390 When Process of Garnishment Obtainable.

6-6-390. When Process of Garnishment Obtainable. The plaintiff in any pending action for the recovery of money or the plaintiff or assignee in any judgment on which execution can issue may obtain process of garnishment as defined in Section 6-6-370; provided, that no garnishment shall issue prior to a final judgment, pursuant to this section and Sections 6-6-291 through 6-6-294, unless there is a showing that such garnishment is necessary because of extraordinary circumstances. (Code 1852, §2471; Code 1867, §2892; Code 1876, §§3218, 3219; Code 1886, §§2968, 2971; Code 1896, §2172; Code 1907, §4301; Code 1923, §8052; Code 1940, T. 7, §996; Acts 1951, No. 916, p. 1568.)

Ala. Code § 6-6-391 Affidavit of Amount Due Plaintiff.

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.)

Ala. Code § 6-6-392 Bond Required When Garnishment in Aid of Pending Action; Exception as to Superintendent of Banks.

6-6-392. Bond Required When Garnishment in Aid of Pending Action; Exception as to Superintendent of Banks. When the garnishment is in aid of a pending action, the plaintiff, his agent or attorney must also give bond in double the amount claimed in the action, with sufficient surety, to be approved by the officer issuing the writ, with condition that the plaintiff will prosecute the garnishment to effect and pay the defendant all such damages as he may sustain from the wrongful or vexatious suing out of such garnishment; and such bond, as to actions thereon, is subject to the provisions of this code relating to actions on attachment bonds; provided, however, that the Superintendent of Banks of the State of Alabama shall not be required to give bond when garnishment is issued in aid of a pending action, which action is based on a promissory note owned by a bank in the process of liquidation. Such Superintendent of Banks or the liquidating agent of such bank in liquidation shall, however, be liable on his official bonds for damages sustained from the wrongful or vexatious suing out of a writ of garnishment. The Superintendent of Banks shall, however, be required to obtain an order from the circuit court of the county in which such bank in liquidation is located, exempting the Superintendent of Banks from giving such bonds. The order need not specify the particular case or cases, but may be general and exempt the Superintendent of Banks from giving bond in all cases to be brought by him on promissory notes owned by the bank in liquidation wherein garnishments are to issue in aid of the pending actions. (Code 1852, §2471; Code 1867, §2892; Code 1876, §3219; Code 1886, §2868; Code 1896, §2174; Code 1907, §4303; Code 1923, §8054; Acts 1931, No. 556, p. 652; Code 1940, T. 7, §998.)

Ala. Code § 6-6-393 Issuance and Service of Process.

6-6-393. Issuance and Service of Process. Upon the filing of the affidavit or the affidavit and bond, as the case may be, the officer filing the same 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, whether, at the time of the service of the garnishment, at the time of making his answer or at any time intervening between the time of serving the garnishment and making the answer he was indebted to the defendant and whether he will not be indebted in future to him by a contract then existing, whether by a contract then existing he is liable to him for the delivery of personal property or for the payment of money which may be discharged by the delivery of personal property or which is payable in personal property and whether he has not in his possession or under his control money or effects belonging to the defendant. (Code 1852, §2517; Code 1867, §2944; Code 1876, §3269; Code 1886, §2945; Code 1896, §2175; Code 1907, §4304; Code 1923, §8055; Code 1940, T. 7, §999.)

Ala. Code § 6-6-394 Notice to Defendant.

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.)

Ala. Code § 6-6-394.1 Service of Notice of Garnishment by Posting and Mailing.

6-6-394.1. Service of Notice of Garnishment by Posting and Mailing. (a) Should service of notice of a garnishment on a judgment in which an appearance has not been entered for the defendant be returned not found or otherwise not accomplished, service of the notice of garnishment may be perfected by the posting and mailing of the notice upon motion and order. The posting and mailing of the notice of garnishment is accomplished in the following manner: (1) A request for an order permitting service by posting and mailing shall be made upon the court by verified motion attesting that notice was issued to the defendant contemporaneously with the service of process of garnishment upon the garnishee, but was returned not found or service was otherwise not accomplished. (2) If the motion is granted by written court order, the clerk of the court shall post a copy of the notice of the garnishment and written court order authorizing the posting on the clerk of the court’s official website and in a designated and conspicuous location within the courthouse where the action is pending for four continuous weeks, or as may be directed by the court order. If the court determines that an additional location for the posting is necessary, the court, for good cause shown, may order an additional posting in any other public place for four continuous weeks, or as may be directed by the court order. The additional posting shall be the responsibility of the plaintiff. (3) The last date of the posting must be at least five days before any judgment of condemnation is entered against the garnishee and 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 the statement concerning rights of exemption as provided in Rule 64A of the Alabama Rules of Civil Procedure. (4) At the time of posting, the clerk of the court shall also send by regular U.S. Mail a copy of the posted notice of garnishment to the defendant at the defendant’s last known address. (5) The effective date of service shall be 28 days from the first date of the website posting. (6) A fee of fifteen dollars ($15) shall be assessed as additional court costs and collected by the clerk of the court for the county in which the case has been filed. At the time of the filing of the motion for posting and mailing, the moving party shall be responsible for this assessment and the cost of mailing. The additional costs and fees may be made taxable to the defendant upon motion to the court. If the amount subject to a judgment of condemnation is less than twenty-five dollars ($25), the court may order waiver of the fee assessment upon motion. (b) The fees collected pursuant to this section by the clerk of the court shall be remitted monthly to the Circuit Clerk’s Judicial Administrative Fund for the county in which the case has been filed. (c) Upon compliance with the order of service by posting and mailing, a request for an order for a judgment of condemnation against the garnishee and condemnation of proceeds may be made upon the court by verified motion that all requirements of the order of service by posting and mailing have been accomplished. The movant shall attach to the verified motion a copy of the posting, along with a verified statement of the clerk of the court attesting to the contents of the posting, the dates of the website and courthouse postings, and the date of the mailing of the posted notice copy to the defendant. (d) Unless otherwise authorized by law or rule, perfection of service by notice upon a defendant by posting and mailing shall have application to this section only. (e) This section applies to any garnishment proceeding conducted under this chapter, Chapter 10, or the Alabama Rules of Civil Procedure. (f) Pursuant to Section 6.11 of Amendment 328 to the Constitution of Alabama of 1901, now appearing as Section 150 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, the Supreme Court is hereby requested to modify its rules to conform to this section. (Act 2022-397, §1.)

Ala. Code § 6-6-395 Revival of Proceedings When Garnishee or Contestant Dies.

6-6-395. Revival of Proceedings When Garnishee or Contestant Dies. If the garnishee dies after he has been summoned as garnishee and pending the litigation, the proceedings may be revived against his legal representatives. Such proceedings may also be revived against the legal representatives of a contestant who dies, after notice to appear and contest with the plaintiff. (Code 1852, §2557; Code 1867, §2985; Code 1876, §3310; Code 1886, §2992; Code 1896, §2207; Code 1907, §4336; Code 1923, §8087; Code 1940, T. 7, §1031.)

Source: Alabama Legislature (alison.legislature.state.al.us)URL: https://alison.legislature.state.al.us/code-of-alabamaFetched: 10/20/2026