Code of Alabama

Ala. Code § 6-6-391 (2026)

Affidavit of Amount Due Plaintiff.

✓ official Alabama Legislature (ALISON) text, current July 2026

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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.)

Notes of Decisions

Cited in 2 cases, 1995–2016 · leading case: Roe v. Mobile Cnty. Appointment Bd., 676 So. 2d 1206 (Ala. 1995).

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Roe v. Mobile Cnty. Appointment Bd., 676 So. 2d 1206 (Ala. 1995). “"); § 6-6-391 ("To obtain such writ of garnishment, the plaintiff.”

Fields v. State Dep't of Human Resources ex rel. Fields, 226 So. 3d 188 (Ala. Civ. App. 2016). · cites it 2× “” Accordingly, pursuant to DHR’s statutorily granted powers, DHR, acting as an agent of the former wife, had the authority to initiate the garnishment process and to have its representative sign the affidavit required by § 6-6-391. The former husband also argues that he was…”

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