Answer of Garnishee.

Ala. Code tit. 6, ch. 6, art. 9, div. 5

in effect

Ala. Code § 6-6-450 Filing of Answer; Notice Thereof; Oral Examination.

6-6-450. Filing of Answer; Notice Thereof; Oral Examination. The garnishee must answer under oath according to the terms of the garnishment; and, upon filing, the clerk or register shall give the plaintiff and 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 required by the plaintiff after filing of written answer by the garnishee must be made by motion filed within 30 days from the date of notice of filing answer. (Code 1923, §8067; Code 1940, T. 7, §1011.)

Ala. Code § 6-6-451 Answers on Behalf of Corporations.

6-6-451. Answers on Behalf of Corporations. No person shall answer on behalf of any corporation any process of garnishment unless he shall make affidavit that he is the duly authorized agent of the corporation to make such answer and that he has knowledge of the facts stated therein. (Code 1867, §2897; Code 1876, §3222; Code 1886, §2975; Code 1896, §2190; Code 1907, §4319; Code 1923, §8070; Code 1940, T. 7, §1014.)

Ala. Code § 6-6-452 Payment of Defendant’s Money into Court If Garnishee Admits Possession Thereof.

6-6-452. Payment of Defendant’s Money into Court If Garnishee Admits Possession Thereof. If the garnishee admits the possession of money belonging to the defendant, he must pay the same or so much thereof as may be necessary to satisfy the plaintiff’s demand and costs into court to await the order of the court; and, if he fails to make such payment, he is liable as if he had admitted an indebtedness for the amount of such money. (Code 1886, §2979; Code 1896, §2194; Code 1907, §4323; Code 1923, §8074; Code 1940, T. 7, §1018.)

Ala. Code § 6-6-453 Payment of Indebtedness or Liability to Clerk; Effect Thereof; Ordering of Deposit by Court.

6-6-453. Payment of Indebtedness or Liability to Clerk; Effect Thereof; Ordering of Deposit by Court. (a) When the garnishee admits indebtedness or liability to the defendant and the defendant has not executed bond for the dissolution of the garnishment, as provided in Division 4 of this article, the garnishee may, by order of the court first had and obtained, pay the amount of such indebtedness or liability or so much thereof as the court may direct into the hands of the clerk, to be held subject to the judgment in the case. Such payment has the effect to discharge the garnishee from liability for the amount so paid and interest subsequently accruing thereon, but does not prevent the interposition and trial of collateral issues as provided in Division 6 of this article. (b) The court may, in its discretion, direct the clerk to deposit, pending the action, the money at interest in a bank authorized to receive deposits of public funds. (Code 1896, §§2188, 2189; Code 1907, §§4317, 4318; Code 1923, §§8068, 8069; Code 1940, T. 7, §§1012, 1013.)

Ala. Code § 6-6-454 Judgment Where Answer Admits Indebtedness to Defendant.

6-6-454. Judgment Where Answer Admits Indebtedness to Defendant. If the garnishee answers and admits indebtedness to the defendant, judgment thereon must be entered against him, after judgment against the defendant, for the amount so admitted, if less than the amount of the judgment against the defendant, or, if more or equal thereto, for the amount thereof; and if the debtor demand is not then payable, execution must be suspended until its maturity. (Code 1852, §2541; Code 1867, §2969; Code 1876, §3294; Code 1886, §2976; Code 1896, §2191; Code 1907, §4320; Code 1923, §8071; Code 1940, T. 7, §1015.)

Ala. Code § 6-6-455 Proceedings When Garnishee Liable for Delivery of Personal Property.

6-6-455. Proceedings When Garnishee Liable for Delivery of Personal Property. If the garnishee is liable for the delivery of personal property or for the payment of money which may be discharged by the delivery of personal property, the value of the property must be ascertained and a judgment entered against the garnishee that if he does not, by a day to be fixed by the court which must be a day after the maturity of such contract, deliver such property to the sheriff or other lawful officer, he must pay the value thereof or the sum of money which was payable therein. Upon the return of the sheriff or such other officer that such property was not delivered or the value thereof or such sum of money was not paid to him as required by the judgment, execution must be issued for the ascertained value of such property or for the sum of money payable therein, if the same is less than the amount of the judgment against the defendant in the original action, or, if more or equal thereto, for the amount thereof. If such property is delivered to the sheriff or other lawful officer, he must proceed to a sale thereof as if under execution against the defendant. (Code 1886, §2977; Code 1896, §2192; Code 1907, §4321; Code 1923, §8072; Code 1940, T. 7, §1016.)

Ala. Code § 6-6-456 Judgment and Proceedings If Possession of Effects Subject to Levy and Sale Admitted.

6-6-456. Judgment and Proceedings If Possession of Effects Subject to Levy and Sale Admitted. If the garnishee admits the possession of effects of the defendant, the subject of levy and sale under legal process, judgment of condemnation must be entered that such effects be delivered upon demand after the entry of judgment in favor of the plaintiff in the original action, or so much thereof as may be necessary to satisfy the judgment, and the sheriff must make sale thereof. If the garnishee fails to deliver such effects to the sheriff on demand, he must make return thereof to the clerk, who must thereupon issue an execution against the garnishee in favor of the plaintiff for the amount of the judgment and costs. If, however, such failure is without fault or negligence on the part of the garnishee, he may tender to the plaintiff, his agent, or attorney the value of such effects; and, if such tender is refused, he may obtain relief by supersedeas. (Code 1852, §§2542-2544; Code 1867, §§2970-2972; Code 1876, §§3295-3297; Code 1886, §2978; Code 1896, §2193; Code 1907, §4322; Code 1923, §8073; Code 1940, T. 7, §1017.)

Ala. Code § 6-6-457 Proceedings on Failure to Appear and Answer.

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.)

Ala. Code § 6-6-458 Controverting of Answer by Plaintiff, Etc.

6-6-458. Controverting of Answer by Plaintiff, Etc. The plaintiff, his agent, or attorney may controvert the answer of the garnishee by making oath within 30 days after notice of the filing of the answer that he believes it to be untrue. Thereupon, an issue must be made up, under the direction of the court, in which the plaintiff must allege in what respect the answer is untrue; and, if required by either party, a jury must be impaneled to try such issue. (Code 1852, §2546; Code 1867, §2974; Code 1876, §3299; Code 1886, §2891; Code 1896, §2196; Code 1907, §4325; Code 1923, §8076; Code 1940, T. 7, §1020.)

Ala. Code § 6-6-459 Contest of Answer by Defendant.

6-6-459. Contest of Answer by Defendant. The defendant, upon the coming in of the answer, may, within 30 days after notice of the filing of the answer, allege that the garnishee is indebted to him in a larger sum than he has admitted, is otherwise liable to him on a demand, the subject of garnishment, or that he holds money or effects of the defendant not admitted in his answer, which, being reduced to writing setting forth particularly in what respect the answer is deficient and being sworn to, an issue must thereupon be made up, under the direction of the court, which must be tried by a jury if required by either party; but such controversy shall not prevent the plaintiff from taking judgment upon the answer of the garnishee. (Code 1852, §2547; Code 1867, §2975; Code 1876, §3300; Code 1886, §2982; Code 1896, §2197; Code 1907, §4326; Code 1923, §8077; Code 1940, T. 7, §1021.)

Ala. Code § 6-6-460 Judgment When Issue Found Against Garnishee.

6-6-460. Judgment When Issue Found Against Garnishee. If such issue is found against the garnishee, judgment must be entered against him in favor of the plaintiff, if necessary, to satisfy his claim or judgment against the defendant or in favor of the defendant, if such judgment has been satisfied. (Code 1852, §2548; Code 1867, §2976; Code 1876, §3301; Code 1886, §2983; Code 1896, §2198; Code 1907, §4327; Code 1923, §8078; Code 1940, T. 7, §1022.)

Ala. Code § 6-6-461 Effect of Judgment for Plaintiff as Between Garnishee and Defendant.

6-6-461. Effect of Judgment for Plaintiff as Between Garnishee and Defendant. The judgment condemning the debt, demand, money, or effects to the satisfaction of the plaintiff’s demand is conclusive as between the garnishee and the defendant to the extent of such judgment, unless the defendant prosecutes to effect an appeal from such judgment, which he may do in his own name; and, if such judgment is stayed by bond and the garnishee is notified of the fact, he is not permitted to discharge such judgment pending the appeal. (Code 1852, §2563; Code 1867, §2991; Code 1876, §3316; Code 1886, §2993; Code 1896, §2185; Code 1907, §4314; Code 1923, §8065; Code 1940, T. 7, §1009.)

Ala. Code § 6-6-462 Payment of Costs to Garnishee Upon Discharge.

6-6-462. Payment of Costs to Garnishee Upon Discharge. 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, computed according to the usual route traveled, going to and returning from court; and, when the personal attendance of said garnishee is not required, he shall be allowed $3 for such answer, which shall be taxed and collected as other costs. (Code 1852, §2556; Code 1867, §2984; Code 1876, §3309; Code 1886, §2991; Code 1896, §2206; Code 1907, §4335; Acts 1909, No. 121 1/2 , p. 163; Code 1923, §8086; Code 1940, T. 7, §1030.)

Ala. Code § 6-6-463 Disposition of Claims of Other Persons Suggested by Garnishee.

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 contestant, the garnishee must be discharged. (c) If the contestant is a nonresident, the contest must be stayed 60 days and the same proceedings had as in the case of a nonresident defendant. (d) If two notices to the resident contestant be returned “not found,” a judgment must be entered against the garnishee on his answer. (e) The interposition of these collateral issues does not affect the jurisdiction of the court obtained by levy of the attachment or service of garnishment. (f) Upon the trial of these collateral issues, either party may appeal any question, and judgment for costs must be entered against the unsuccessful party. (Code 1852, §§2549-2554; Code 1867, §§2977-2982; Code 1876, §§3302-3307; Code 1886, §§2984-2989; Code 1896, §§2199-2204; Code 1907, §§4328-4333; Code 1923, §§8079-8084; Code 1940, T. 7, §§1023-1028.)

Ala. Code § 6-6-464 Appeals.

6-6-464. Appeals. An appeal lies to the supreme court or the court of civil appeals, as the case may be, at the instance of the plaintiff, the defendant, the garnishee, or the contestant, or claimant. (Code 1852, §2555; Code 1867, §2983; Code 1876, §3308; Code 1886, §2990; Code 1896, §2205; Code 1907, §4334; Code 1923, §8085; Code 1940, T. 7, §1029.)

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