Code of Alabama
Ala. Code § 6-6-370 (2026)
“Garnishment” Defined.
✓ official Alabama Legislature (ALISON) text, current July 2026
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.)
Notes of Decisions
Cited in 17
cases (2 in the last 5 years), 1979–2024 · leading case: Druid City Hosp. Bd. v. Epperson, 378 So. 2d 696 (Ala. 1979).
Druid City Hosp. Bd. v. Epperson, 378 So. 2d 696 (Ala. 1979). “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…”
Boykin v. Law, 946 So. 2d 838 (Ala. 2006). “Code 1975, "the plaintiff or; assignee in any judgment on which execution can issue may obtain process of garnishment as defined in Section 6-6-370." Law has a restitution order against Eric, which has the force and effect of a final judgment.”
Robbins v. State ex rel. Priddy, 109 So. 3d 1128 (Ala. Civ. App. 2012). “Ala.Code 1975, § 6-6-370. Any plaintiff holding a judgment on which execution may issue may obtain process of garnishment by filing an affidavit stating, among other things, the amount due from the defendant and that the named garnishee is believed to be chargeable therefor.”
Tucker v. Richard M. Scrushy Charitable Found., Inc., 93 So. 3d 83 (Ala. 2012). “’ See Alabama Code [1975,] § 6-6-370. On January 22, 2010, the Foundation filed a sworn answer to the Plaintiffs’ garnishment denying that it ‘has possession or control of any belongings’ of Scrushy.”
Carter v. State Ex Rel. Bullock Cnty., 393 So. 2d 1368 (Ala. 1981). “§ 6-6-370, Code 1975. Bullock County, as Appellant's employer and a party to this suit, is not a third person within the meaning and intent of the statute.”
United States v. Coker, 9 F. Supp. 3d 1300 (S.D. Ala. 2014). “§ 3613 (a) & (f), and has commenced this garnishment proceeding pursuant to Ala. Code §§ 6-6-370 et seq. (1975). Federal law exempts certain property from levy— specifically, property enumerated in 26 U.”
Allan Wayne Morton v. The United States, 708 F.2d 680 (Fed. Cir. 1983). “The Alabama code applicable when garnishment was had in 1977-78 is found in Ala.Code § 6-6-370 et seq. (1975) (Article 9).”
Cofield v. Randolph Cnty. Comm'n, 844 F. Supp. 1499 (M.D. Ala. 1994). “The plaintiffs allege the following causes of action against them: breach of contract, trespass, negligence or wantonness, conversion, outrage, and a violation of § 6-6-370 of the Code of Alabama: For the reasons set forth below, the defendants’ motion to dismiss, or in the…”
Matter of Head, 204 B.R. 1022 (Bankr. N.D. Ala. 1997). “Head in the possession of a third party required a judgment creditor to utilize a garnishment action provided for under Ala.Code § 6-6-370 (1993). (b) The Path To Perfection Although Ala.”
Armentrout v. Atl. Cas. Ins. Co., 731 F. Supp. 2d 1249 (S.D. Ala. 2010). “Section 6-6-390 states: 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…”
Assurance Co. of Am. v. Legendary Home Builders, Inc., 305 F. Supp. 2d 1272 (S.D. Ala. 2004). “Code § 6-6-370, et seq. (doc.31, Ex.l). On October 22, 2003, the Hornes also filed a separate action in the Circuit Court of Baldwin County (“the second Horne action”), raising the same three counts asserted in their Fourth Amended Complaint in the first Horne action.”
Radiance Capital Receivables Twelve, LLC v. Bondy's Ford, Inc. (Appeal from Henry Circuit Court: CV-17-1). (Ala. 2024). “16 SC-2023-0683 Analysis Alabama law provides for garnishment under § 6-6-370 et seq., Ala. Code 1975. Garnishment is defined as "process to reach and subject money or effects of a defendant … in the possession or under the control of a third person," and such a third person is…”
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