Code of Alabama
Ala. Code § 6-6-390 (2026)
When Process of Garnishment Obtainable.
✓ official Alabama Legislature (ALISON) text, current July 2026
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.)
Notes of Decisions
Cited in 6
cases, 1993–2019 · leading case: Armentrout v. Atl. Cas. Ins. Co., 731 F. Supp. 2d 1249 (S.D. Ala. 2010).
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…”
Hoc, Inc. v. McAllister (In Re McAllister), 216 B.R. 957 (Bankr. N.D. Ala. 1998). “On June 19, 1997, the plaintiff began to collect that judgment by filing a writ of garnishment in this Court pursuant to Code of Ala. 1975, § 6-6-390. In response, the clerk of this Court issued a writ of garnishment against the garnishee, Infinity of Charlotte, North Carolina…”
Robbins v. State ex rel. Priddy, 109 So. 3d 1128 (Ala. Civ. App. 2012). “See Ala.Code 1975, §§ 6-6-390 & 6-6-391. In such instances, however, Alabama’s garnishment statutes recognize that both the putative garnishee and the defendant are entitled to notice and an opportunity to appear as parties in interest entitled to assert their respective…”
Fields v. State Dep't of Human Resources ex rel. Fields, 226 So. 3d 188 (Ala. Civ. App. 2016). “”§ 6-6-390, Ala. Code 1975. Section 6-6-391, Ala.”
Myrick v. Evanston Ins. Co. (S.D. Ala. 2019). “That provision simply defines “garnishment,” but Section 6-6-390, entitled “When process of garnishment obtainable,” states that “no garnishment shall issue prior to a final judgment …, unless there is a showing that such garnishment is necessary because of extraordinary…”
AAA Mobile Home Movers, Inc. v. Holmes, 624 So. 2d 637 (Ala. Civ. App. 1993). “However, we find the only justicia-ble issue raised for our consideration in this appeal to be whether, as required by § 6-6-390, Code 1975, there existed a judgment upon which garnishment of the funds in AAA’s account could be obtained.”
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