§ 6-6-463 — Disposition of Claims of Other Persons Suggested by Garnishee

Alabama § 6-6-463

• Jurisdiction: Alabama
• Title 6: Civil Practice
• Ch. 6: Remedies
• Art. 9: Garnishments
• Div. 5: Answer of Garnishee

Text

(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.

Legislative History

(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.)