Code of Alabama

Ala. Code § 6-6-393 (2026)

Issuance and Service of Process.

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

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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.)

Notes of Decisions

Cited in 5 cases (1 in the last 5 years), 1981–2024 · leading case: Robbins v. State ex rel. Priddy, 109 So. 3d 1128 (Ala. Civ. App. 2012).

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Robbins v. State ex rel. Priddy, 109 So. 3d 1128 (Ala. Civ. App. 2012). · cites it 2× “See Ala. Code 1975, §§ 6-6-393, 6-6-394, 6-6-450, & 6-6-459.”

Matter of Lewis, 21 B.R. 926 (Bankr. N.D. Ala. 1982). “Section 6-6-393, 394. “If the garnishee admits the possession of money belonging to the defendant, he must pay the same .”

Allan Wayne Morton v. The United States, 708 F.2d 680 (Fed. Cir. 1983). “Ala.Code §§ 6-6-393 and 6-6-450 (1975). 3 Once an employer’s answer admits the amount of garnishable indebtedness, or if the employer fails to answer, a judgment must be entered against the employer in favor of the garnishor (i.”

Foshee v. Lloyds, New York, 643 F.2d 1162 (5th Cir. 1981). “68 (1893); Ala.Code § 6-6-393 (1975). AgriChemicals’ 1976 garnishment was without effect and the tax lien was correctly determined by the district court to have first priority.”

Radiance Capital Receivables Twelve, LLC v. Bondy's Ford, Inc. (Appeal from Henry Circuit Court: CV-17-1). (Ala. 2024). “See § 6-6-393, Ala. Code 1975. In its answer, Bondy's averred that Sherrill was its employee, that it would withhold funds from his compensation, and that it would pay those funds to the circuit clerk as required.”

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