reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 8 - Forcible Entry and Unlawful Detainer. › Division 1 - General Provisions. › Section 6-6-318 - Courts Deemed Always Open.

Section 6-6-318
Courts deemed always open.
Courts having jurisdiction under this article must be held open at all times for the consideration and determination of questions arising under this article, and judgments had thereon without delay.
(Code 1867, §3298; Code 1876, §3695; Code 1886, §3379; Code 1896, §2125; Code 1907, §4261; Code 1923, §7999; Code 1940, T. 7, §965.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 8 - Forcible Entry and Unlawful Detainer. › Division 1 - General Provisions. › Section 6-6-319 - Forms for Judgment, Restitution or Possession.

Section 6-6-319
Forms for judgment, restitution or possession.
The following or similar forms may be used when appropriate in forcible entry and unlawful detainer proceedings; but they are not exclusive of other appropriate forms:
Judgment.
A. B. v. C. D.
Came the parties on the ______ day of _____, and upon evidence I find the said C. D. guilty of the forcible entry and unlawful detainer (or, unlawful detainer) as complained against him by A. B., and I therefore order and adjudge that C. D. restore to A. B. the possession of the tract of land (or tenement) mentioned in the complaint: _____ (here designate the land or tenement), and pay the cost of this proceeding
Writ of Restitution or Possession.
State of Alabama,
County.
___________
To any lawful officer of said county:
You are hereby commanded to restore A. B. to possession (or place A. B. in possession) of the land and tenements (or, as the case may be) which A. B. recovered of C. D. in an action of forcible entry and detainer (or unlawful detainer) before me on the _____ day of _____, at _____ (here describe the land and tenements). You are further directed, of the goods and chattels, lands and tenements, of the said C. D., you cause to be made the sum of _____, which the said A. B. has recovered for his costs in that behalf expended.
Witness my hand, this the _______ day of ________
E. F., District Court Judge
(Code 1907, §4286; Code 1923, §8031; Code 1940, T. 7, §994.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 8 - Forcible Entry and Unlawful Detainer. › Division 2 - Proceedings. › Section 6-6-330 - Jurisdiction.

Section 6-6-330
Jurisdiction.
The forcible entry upon and detainer, or the unlawful detainer, of lands, tenements and hereditaments is cognizable before the district court of the county in which the offense is committed.
(Code 1852, §2850; Code 1867, §3297; Code 1876, §3694; Code 1886, §3378; Code 1896, §2124; Code 1907, §4260; Code 1923, §7998; Code 1940, T. 7, §964.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 8 - Forcible Entry and Unlawful Detainer. › Division 2 - Proceedings. › Section 6-6-331 - Venue.

Section 6-6-331
Venue.
The complaints provided for in this article must be filed with, and be tried by, the district court for the county in which the lands or tenements are situated.
(Code 1852, §2868; Code 1867, §3317; Code 1876, §3714; Code 1886, §3385; Code 1896, §2131; Code 1907, §4267; Code 1923, §8008; Code 1940, T. 7, §971.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 8 - Forcible Entry and Unlawful Detainer. › Division 2 - Proceedings. › Section 6-6-332 - Process - Form of Notice; Service and Return Thereof.

Section 6-6-332
Process - Form of notice; service and return thereof.
(a) Upon complaint being made, the district judge shall issue a notice to the party against whom the complaint is made to the following effect:
The State of Alabama,
________ County.
To ________
You are hereby commanded to be and appear before me, at _____ on the _____ day of _____, 2__, to answer to, and make defense against a complaint exhibited to me against you by _____, for a forcible entry and detainer (or for unlawful detainer, as the case may be).
Witness my hand this _____ day of ______, 2__.
_______________________________ District Court Judge
(b) The notice shall be served on the defendant at least six days before the return day of the process and may be served on the defendant anywhere within the state. The return of the service thereof by any sheriff or constable of the state is sufficient, or proof of the fact may be made before the judge. A copy of the notice shall be personally served upon the defendant. If the sheriff or constable is unable to serve the defendant personally, service may be had by delivering the notice to any person who is sui juris residing on the premises, or if after reasonable effort no person is found residing on the premises, by posting a copy of the notice on the door of the premises, and on the same day of posting or by the close of the next business day, the sheriff, the constable, the person filing the complaint, or anyone on behalf of the person, shall mail notice of the filing of the unlawful detainer action by enclosing, directing, stamping, and mailing by first class a copy of the notice to the defendant at the mailing address of the premises and if there is no mailing address for the premises to the last known address, if any, of the defendant and making an entry of this action on the affidavit filed in the case. Service of the notice by posting shall be complete as of the date of mailing the notice.
(c) Upon complaint being made and upon request of the plaintiff to have the notice served on the defendant by a process server other than a sheriff or constable, the court shall, if the process server is qualified under Rule 4.1 (b)(2) of the Alabama Rules of Civil Procedure, order the clerk to deliver the notice to the process server for service.
(Code 1852, §§2854, 2855; Code 1867, §§3302, 3303; Code 1876, §§3699, 3700; Code 1886, §§3383, 3384; Code 1896, §§2129, 2130; Code 1907, §§4265, 4266; Code 1923, §§8006, 8007; Code 1940, T. 7, §§969, 970; Acts 1990, No. 90-218, p. 255, §1; Acts 1996, No. 96-573, p. 880, §1.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 8 - Forcible Entry and Unlawful Detainer. › Division 2 - Proceedings. › Section 6-6-333 - Process - Neglect or Refusal to Execute by Sheriff or Constable.

Section 6-6-333
Process - Neglect or refusal to execute by sheriff or constable.
Any sheriff or constable neglecting or refusing to execute any process placed in his hands by a district court judge by virtue of the authority conferred by this article, forfeits to the party aggrieved $200, to be recovered by action in the circuit court.
(Code 1852, §2862; Code 1867, §3310; Code 1876, §3707; Code 1886, §3394; Code 1896, §2140; Code 1907, §4276; Code 1923, §8017; Code 1940, T. 7, §980.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 8 - Forcible Entry and Unlawful Detainer. › Division 2 - Proceedings. › Section 6-6-334 - Failure of Witnesses to Attend or Refusal to Testify.

Section 6-6-334
Failure of witnesses to attend or refusal to testify.
(a) Any witness, duly subpoenaed and failing to attend or refusing to testify may be fined by the district court judge not exceeding $100, for the use of the county, for which he may issue execution directed to the constable.
(b) The judgment specified in subsection (a) of this section must not be made absolute until 10 days after service of a written notice on such witness, informing him of the entry of such judgment.
(Code 1852, §§2869, 2870; Code 1867, §§3318, 3319; Code 1876, §§3715, 3716; Code 1886, §§3394, 3395; Code 1896, §§2141, 2142; Code 1907, §§4277, 4278; Code 1923, §§8018, 8019; Code 1940, T. 7, §§981, 982.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 8 - Forcible Entry and Unlawful Detainer. › Division 2 - Proceedings. › Section 6-6-335 - Proceedings When Parties Appear or Defendant Fails to Do So.

Section 6-6-335
Proceedings when parties appear or defendant fails to do so.
If the parties appear, an issue must be made between them upon the complaint, but if the defendant, having been duly cited, does not appear or, appearing, declines to plead, the case proceeds as if the defendant had denied the allegations of the complaint; or, for good cause, the trial may be postponed not more than 15 days, at the cost of the applicant.
(Code 1852, §2856; Code 1867, §3304; Code 1876, §3701; Code 1886, §3386; Code 1896, §2132; Code 1907, §4268; Code 1923, §8009; Code 1940, T. 7, §972.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 8 - Forcible Entry and Unlawful Detainer. › Division 2 - Proceedings. › Section 6-6-336 - Extent of Inquiry.

Section 6-6-336
Extent of inquiry.
The estate or merits of the title cannot be inquired into on the trial of any complaint filed under this article, but all legal and equitable defenses may be had against a recovery for damages or for the unlawful detention of the land.
(Code 1852, §2859; Code 1867, §3307; Code 1876, §3704; Code 1886, §3389; Code 1896, §2135; Code 1907, §4271; Code 1923, §8012; Code 1940, T. 7, §975.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 8 - Forcible Entry and Unlawful Detainer. › Division 2 - Proceedings. › Section 6-6-337 - Proceedings Upon Determination for Either Plaintiff or Defendant.

Section 6-6-337
Proceedings upon determination for either plaintiff or defendant.
(a) If the judge determines in favor of the plaintiff, he must record the decision and enter judgment with costs, upon which he must issue a writ of execution commanding the sheriff or the constable to restore the plaintiff to possession or place him in possession of his lands and tenements according to complaint and to levy on and sell a sufficiency of the defendant's goods and chattels, lands and tenements to satisfy the costs of the proceedings. Successive writs may issue at any time when necessary to eject defendant or collect costs and damages, and a defendant who refuses to obey the mandate of the writ as to the possession of the property or who enters upon the premises without just cause or legal excuse after being ejected shall be guilty of resisting an officer and contempt of court and shall be punished and fined accordingly, in the discretion of the court issuing the process.
(b) If the judge determines in favor of the defendant, judgment must be entered in his favor for the costs, upon which an execution may issue as in other cases.
(Code 1852, §§2857, 2858; Code 1867, §§3305, 3306; Code 1876, §§3702, 3703; Code 1886, §§3387, 3388; Code 1896, §§2133, 2134; Code 1907, §§4269, 4270; Code 1923, §§8010, 8011; Code 1940, T. 7, §§973, 974.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 8 - Forcible Entry and Unlawful Detainer. › Division 3 - Appeals. › Section 6-6-350 - To Circuit Court From District Court.

Section 6-6-350
To circuit court from district court.
Any party may appeal from a judgment entered against him or her by a district court to the circuit court at any time within seven days after the entry thereof, and appeal and the proceedings thereon shall in all respects, except as provided in this article, be governed by this code relating to appeal from district courts. However, the clerk of the court shall schedule the action for trial as a preferred case, and it shall be set for trial within 60 days from the date of appeal.
(Code 1852, §§2811, 2864; Code 1867, §§3257, 3313; Code 1876, §§3654, 3710; Code 1886, §3398; Code 1896, §2144; Code 1907, §4280; Code 1923, §8021; Code 1940, T. 7, §984; Acts 1996, No. 96-573, p. 880, §1; Act 2006-316, p. 668, §2.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 8 - Forcible Entry and Unlawful Detainer. › Division 3 - Appeals. › Section 6-6-351 - Writs of Restitution or Possession - Suspension Upon Payment of Rent by Defendant.

Section 6-6-351
Writs of restitution or possession - Suspension upon payment of rent by defendant.
(a) Notwithstanding any other provisions of law or of the Alabama Rules of Civil Procedure, in cases of forcible entry or unlawful detainer, an appeal to circuit court or to appellate court does not prevent the issue of a writ of restitution or possession unless the defendant pays to the clerk of the district court all rents called for under the terms of the lease, since the date of the filing of the action and continues to pay all rent that becomes due and payable under the terms of the lease as they become due, during the pendency of the appeal, and the sums are to be ascertained by the judge.
(b) If the defendant should fail to make any payments as they become due under subsection (a), the court shall issue a writ of restitution or possession and the plaintiff shall be placed in full possession of the premises.
(c) Upon disposition of the appeal, the court shall direct the clerk as to the disposition of the funds paid to the clerk pursuant to subsection (a).
(Code 1852, §2865; Code 1867, §3314; Code 1876, §3711; Code 1886, §3401; Code 1896, §2145; Code 1907, §4281; Code 1923, §8022; Code 1940, T. 7, §985; Acts 1996, No. 96-573, p. 880, §1.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 8 - Forcible Entry and Unlawful Detainer. › Division 3 - Appeals. › Section 6-6-352 - Writs of Restitution or Possession - Issuance by Circuit Court.

Section 6-6-352
Writs of restitution or possession - Issuance by circuit court.
In the event that the plaintiff is placed in possession under a writ of restitution or possession, and on appeal the judgment is reversed and one entered for the defendant or the proceeding on appeal is quashed or dismissed, the circuit court may award a writ of restitution or possession to restore him to possession as against the plaintiff, but not as against a third party; but the issuance of the writ rests in the discretion of the appellate court, and the circuit court may, in all cases, direct writs of restitution or possession to be issued by the trial court when, in the judgment of the circuit court, such writ is proper or necessary
(Code 1923, §8030; Code 1940, T. 7, §993.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 8 - Forcible Entry and Unlawful Detainer. › Division 3 - Appeals. › Section 6-6-353 - Proceedings When Determination Is Against Appellant.

Section 6-6-353
Proceedings when determination is against appellant.
In cases of forcible entry or unlawful detainer, the judgment, if against the appellant, must be entered in the circuit court against him and the sureties on the appeal or certiorari bond, including the costs in the inferior and circuit courts, and if the appeal or certiorari was sued out by the defendant and a supersedeas bond was executed, a writ of restitution or possession must be awarded and judgment must also be entered against the defendant and the sureties on his supersedeas bond for the value of the rent of the premises pending the appeal.
(Code 1852, §§2866, 2867; Code 1867, §§3315, 3316; Code 1876, §§3712, 3713; Code 1886, §3411; Code 1896, §2146; Code 1907, §4282; Code 1923, §8023; Code 1940, T. 7, §986.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 9 - Garnishments. › Division 1 - General Provisions. › Section 6-6-370 - "Garnishment" Defined.

Section 6-6-370
"Garnishment" defined.
A "garnishment," as employed in this article, is process to reach and subject money or effects of a defendant in attachment, in a judgment or in a pending action commenced in the ordinary form in the possession or under the control of a third person, or debts owing such defendant or liabilities to him on contracts for the delivery of personal property, on contracts for the payment of money which may be discharged by the delivery of personal property or on contracts payable in personal property; and such third person is called the garnishee.
(Code 1886, §2994; Code 1896, §2171; Code 1907, §4300; Code 1923, §8051; Code 1940, T. 7, §995.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 9 - Garnishments. › Division 1 - General Provisions. › Section 6-6-371 - Applicability of Section 6-6-143.

Section 6-6-371
Applicability of Section 6-6-143.
The provisions of Section 6-6-143 are applicable to garnishments.
(Code 1896, §2186; Code 1907, §4315; Code 1923, §8066; Code 1940, T. 7, §1010.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 9 - Garnishments. › Division 2 - Institution of Proceedings. › Section 6-6-390 - When Process of Garnishment Obtainable.

Section 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.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 9 - Garnishments. › Division 2 - Institution of Proceedings. › Section 6-6-391 - Affidavit of Amount Due Plaintiff.

Section 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.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 9 - Garnishments. › Division 2 - Institution of Proceedings. › Section 6-6-392 - Bond Required When Garnishment in Aid of Pending Action; Exception as to Superintendent of Banks.

Section 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.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 9 - Garnishments. › Division 2 - Institution of Proceedings. › Section 6-6-393 - Issuance and Service of Process.

Section 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.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 9 - Garnishments. › Division 2 - Institution of Proceedings. › Section 6-6-394 - Notice to Defendant.

Section 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.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 9 - Garnishments. › Division 2 - Institution of Proceedings. › Section 6-6-395 - Revival of Proceedings When Garnishee or Contestant Dies.

Section 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.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 9 - Garnishments. › Division 3 - What May Be Garnished. › Section 6-6-410 - Debt or Demand on Which Action Pending.

Section 6-6-410
Debt or demand on which action pending.
A debt or demand which is subject to garnishment may be reached and subjected though an action may be pending thereon; and if the action is not pending in the court from which the garnishment issues, the court, on proof by the garnishee of the pendency of the garnishment, must, on the entry of judgment, stay execution until notified by the clerk of the court in which the garnishment or attachment is instituted that final judgment has been entered, in which case he must make the appropriate order according to whether the judgment is entered for the plaintiff or defendant.
(Code 1852, §2524; Code 1867, §2951; Code 1876, §3276; Code 1886, §2952; Code 1896, §2177; Code 1907, §4306; Code 1923, §8057; Code 1940, T. 7, §1001.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 9 - Garnishments. › Division 3 - What May Be Garnished. › Section 6-6-411 - Executors and Administrators.

Section 6-6-411
Executors and administrators.
(a) Executors and administrators may be garnished for debts due by the testator or intestate to the defendant and may have process of garnishment in their representative character.
(b) Executors and administrators may be garnished for debts due by the legatees or distributees, but no judgment can be entered against them until a settlement of the estate, unless they assent to the legacy or admit assets to pay the amount claimed or some portion thereof out of the distributive share of the debtor.
(Code 1852, §§2519, 2520; Code 1867, §§2946, 2947; Code 1876, §§3272, 3273; Code 1886, §§2948, 2949; Code 1896, §§2178, 2179; Code 1907, §§4307, 4308; Code 1923, §§8058, 8059; Code 1940, T. 7, §§1002, 1003.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 9 - Garnishments. › Division 3 - What May Be Garnished. › Section 6-6-412 - Money in Hands of Attorney, Sheriff, or Other Officer.

Section 6-6-412
Money in hands of attorney, sheriff, or other officer.
Money in hands of an attorney-at-law, sheriff, or other officer may be garnished; and, in the case of officers of the court, the money must be paid into the court to abide the result of the action, unless the court otherwise directs.
(Code 1852, §2521; Code 1867, §2948; Code 1876, §3273; Code 1886, §2950; Code 1896, §2180; Code 1907, §4309; Code 1923, §8060; Code 1940, T. 7, §1004.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 9 - Garnishments. › Division 3 - What May Be Garnished. › Section 6-6-413 - Money or Effects in Hands of Trustee; Exception.

Section 6-6-413
Money or effects in hands of trustee; exception.
(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.
(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.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 9 - Garnishments. › Division 3 - What May Be Garnished. › Section 6-6-414 - Unpaid Subscription of Stock.

Section 6-6-414
Unpaid subscription of stock.
Any creditor of a corporation may, by garnishment, subject the unpaid subscription of any stockholder in such corporation to the payment of its debts, without regard to whether the corporation can commence an action against the stockholder for such subscription or not.
(Code 1852, §2472; Code 1867, §2893; Code 1876, §3220; Code 1886, §2972; Code 1896, §2182; Code 1907, §4311; Code 1923, §8062; Code 1940, T. 7, §1006.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 9 - Garnishments. › Division 4 - Bond by Defendant. › Section 6-6-430 - Filing of Bond; Discharge of Money or Property From Garnishment; Proceedings as if Bond Not Executed; Judgment; Discharge of Garnishee.

Section 6-6-430
Filing of bond; discharge of money or property from garnishment; proceedings as if bond not executed; judgment; discharge of garnishee.
(a) When garnishment has been issued in aid of a pending action or upon a judgment, the defendant may make and file with the judge or clerk issuing the garnishment bond in such sum as the judge or clerk may prescribe, not exceeding twice the amount of the plaintiff's demand, payable to the plaintiff, with sufficient surety, to be approved by such judge or clerk, conditioned to pay the amount for which the garnishee may be found indebted or liable to the defendant and the cost of the garnishment. Thereupon, the money or property in the hands of the garnishee is discharged from the garnishment and the garnishee relieved of all liability therefor to the plaintiff; but the garnishee must answer, and, except as is otherwise provided in this article, the case must proceed and be determined as if such bond had not been executed.
(b) If the garnishee is found to be indebted or liable to the defendant in money or property, the amount or value thereof must be ascertained and judgment entered for such amount or value against the defendant and the sureties on such bond and for the costs of the garnishment; but such judgment, exclusive of the costs of the garnishment, must not exceed the amount of the judgment, interest and costs in the original action or the amount of the bond. If the garnishee shall fail to answer, a conditional judgment may be entered against him and proceedings had thereon as in other cases; and, if the conditional judgment is made absolute, judgment for the like amount must be entered against the defendant and the sureties on his bond and for the costs of the garnishment, subject to the limitations expressed in this section; and execution thereon may issue against the defendant and his sureties on such bond, but not against the garnishee. No judgment must be entered against the bond until judgment has been entered in the original action in favor of the plaintiff against the defendant.
(c) The garnishee is not discharged from liability to the defendant until he has paid the debt or satisfied the demand the garnishment was intended to reach.
(Code 1896, §2183; Code 1907, §4312; Code 1923, §8063; Code 1940, T. 7, §1007.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 9 - Garnishments. › Division 4 - Bond by Defendant. › Section 6-6-431 - Bond in Double Amount; Dissolution of Garnishment and Discharge of All Garnishees; Judgment Against Obligors.

Section 6-6-431
Bond in double amount; dissolution of garnishment and discharge of all garnishees; judgment against obligors.
(a) The defendant may, instead of the bond mentioned in Section 6-6-430, give bond in double the amount of the plaintiff's demand, payable to the plaintiff, with sufficient surety, to be approved by the judge or clerk and conditioned to pay such judgment as may be entered or ascertained to exist in favor of the plaintiff and against the defendant in the case and costs of the action. Thereupon, the garnishment is dissolved and the garnishee discharged and need not answer; and, upon the trial of the case, if judgment is entered or ascertained to exist in favor of the plaintiff against the defendant, the court must also enter judgment against the obligors in the bond for the amount of such judgment, interest thereon and costs of the action.
(b) The giving of the bond authorized in this section operates to discharge all garnishees in the case, whether one or more.
(Code 1896, §2184; Code 1907, §4313; Code 1940, T. 7, §1008.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 9 - Garnishments. › Division 5 - Answer of Garnishee. › Section 6-6-450 - Filing of Answer; Notice Thereof; Oral Examination.

Section 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.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 9 - Garnishments. › Division 5 - Answer of Garnishee. › Section 6-6-451 - Answers on Behalf of Corporations.

Section 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.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 9 - Garnishments. › Division 5 - Answer of Garnishee. › Section 6-6-452 - Payment of Defendant's Money Into Court if Garnishee Admits Possession Thereof.

Section 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.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 9 - Garnishments. › Division 5 - Answer of Garnishee. › Section 6-6-453 - Payment of Indebtedness or Liability to Clerk; Effect Thereof; Ordering of Deposit by Court.

Section 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.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 9 - Garnishments. › Division 5 - Answer of Garnishee. › Section 6-6-454 - Judgment Where Answer Admits Indebtedness to Defendant.

Section 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.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 9 - Garnishments. › Division 5 - Answer of Garnishee. › Section 6-6-455 - Proceedings When Garnishee Liable for Delivery of Personal Property.

Section 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.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 9 - Garnishments. › Division 5 - Answer of Garnishee. › Section 6-6-456 - Judgment and Proceedings if Possession of Effects Subject to Levy and Sale Admitted.

Section 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.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 9 - Garnishments. › Division 5 - Answer of Garnishee. › Section 6-6-457 - Proceedings on Failure to Appear and Answer.

Section 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.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 9 - Garnishments. › Division 5 - Answer of Garnishee. › Section 6-6-458 - Controverting of Answer by Plaintiff, Etc.

Section 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.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 9 - Garnishments. › Division 5 - Answer of Garnishee. › Section 6-6-459 - Contest of Answer by Defendant.

Section 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.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 9 - Garnishments. › Division 5 - Answer of Garnishee. › Section 6-6-460 - Judgment When Issue Found Against Garnishee.

Section 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.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 9 - Garnishments. › Division 5 - Answer of Garnishee. › Section 6-6-461 - Effect of Judgment for Plaintiff as Between Garnishee and Defendant.

Section 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.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 9 - Garnishments. › Division 5 - Answer of Garnishee. › Section 6-6-462 - Payment of Costs to Garnishee Upon Discharge.

Section 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.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 9 - Garnishments. › Division 5 - Answer of Garnishee. › Section 6-6-463 - Disposition of Claims of Other Persons Suggested by Garnishee.

Section 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.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 9 - Garnishments. › Division 5 - Answer of Garnishee. › Section 6-6-464 - Appeals.

Section 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.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 9 - Garnishments. › Division 6 - Salaries of Public Officials or Employees. › Section 6-6-480 - "Salary" Defined.

Section 6-6-480
"Salary" defined.
The term "salary," as used in this division, is not intended to include or cover costs and charges of court or fees, commissions, percentages, or allowances of public officers, and such are not subject to writs of garnishment under the provisions of this division.
(Acts 1923, No. 427, p. 575; Code 1923, §8090; Code 1940, T. 7, §1034.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 9 - Garnishments. › Division 6 - Salaries of Public Officials or Employees. › Section 6-6-481 - Who May Be Garnished; How Effected.

Section 6-6-481
Who may be garnished; how effected.
(a) Money due officials or employees of a city, county, or state government, or any department or institution thereof, as salary for services performed for or on behalf of said city, county, or state, or any department or institution thereof, may be garnished.
(b) In such cases, the writ of garnishment may be served on the person authorized by law to draw the warrant on the treasury of said government or to issue a check for such salary so due, and such person shall be required to answer said writ in accordance with the mandate thereof and as provided by law.
(Acts 1923, No. 427, p. 575; Code 1923, §§8088, 8089; Code 1940, T. 7, §§1032, 1033.)