Alabama § 6-6-413 Money or Effects in Hands of Trustee; Exception

Alabama Statutes

§ 6-6-413 — Money or Effects in Hands of Trustee; Exception

Alabama § 6-6-413

JurisdictionAlabama

Title 6Civil Practice

Ch. 6Remedies

Art. 9Garnishments

Div. 3What May Be Garnished

This text of Alabama § 6-6-413 (Money or Effects in Hands of Trustee; Exception) is published on Counsel Stack Legal Research, covering Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ala. Code § 6-6-413 (2026).

Text

(a)Money or effects of the defendant in the hands of a trustee may be garnished and held subject to the validity of the instrument creating the trust or the excess remaining in the trustee’s hands after the execution of the trust, if valid; but if the deed is held void, the trustee, if not guilty of actual fraud, may retain for a debt due himself and must be protected so far as he has acted in good faith under the trust before the service of the garnishment.

(b)Personal property in the custody of a trustee in bankruptcy, exempt to the bankrupt, cannot be garnished.

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(a) Money or effects of the defendant in the hands of a trustee may be garnished and held subject to the validity of the instrument creating the trust or the excess remaining in the trustee’s hands after the execution of the trust, if valid; but if the deed is held void, the trustee, if not guilty of actual fraud, may retain for a debt due himself and must be protected so far as he has acted in good faith under the trust before the service of the garnishment.
(b) Personal property in the custody of a trustee in bankruptcy, exempt to the bankrupt, cannot be garnished.

Legislative History

(Code 1852, §2523; Code 1867, §2950; Code 1876, §3275; Code 1886, §2951; Code 1896, §2181; Code 1907, §4310; Code 1923, §8061; Code 1940, T. 7, §1005.)