Code of Alabama
Ala. Code § 6-6-452 (2026)
Payment of Defendant’s Money into Court If Garnishee Admits Possession Thereof.
✓ official Alabama Legislature (ALISON) text, current July 2026
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.)
Notes of Decisions
Cited in 6
cases (2 in the last 5 years), 1982–2024 · leading case: Matter of Lewis, 21 B.R. 926 (Bankr. N.D. Ala. 1982).
Matter of Lewis, 21 B.R. 926 (Bankr. N.D. Ala. 1982). “All references are to the Code of Alabama, 1975, which in effect provides: Notice of process of garnishment is required on the garnishee and the defendant (debtor in this case).”
White v. Stephens (In Re Stephens), 43 B.R. 97 (Bankr. N.D. Ala. 1984). “A second significant difference between the Lewis case and the instant case is that in Lewis the money was being held by the Clerk of the State Court while in this case the money has already been paid by the Clerk to the creditor without any order of Court.”
In Re Rowell, 281 B.R. 726 (Bankr. S.D. Ala. 2001). “The proper procedure is that the Court should enter an Order of Condemnation before the Clerk pays the money to the plaintiff-creditor, Section 6-6-452, 453 [sic], -454, - 455, -456, -457, -460, -461.”
Radiance Capital Receivables Twelve, LLC v. Bondy's Ford, Inc. (Appeal from Henry Circuit Court: CV-17-1). (Ala. 2024). “Radiance refers us to § 6-6-452, which provides: "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,…”
McKinney v. 2nd Chance Auto Sales (Bankr. M.D. Ala. 2020). “CODE § 6-6-452 (2018). In the event the garnishee fails to appear or file an answer to the garnishment, she is subject to a conditional judgment for the full amount of the plaintiff’s monetary judgment, which becomes permanent 30 days after notice of the conditional judgment.”
Navy Fed. Credit Union v. HMC Fin. Corp. (Appeal from Montgomery Circuit Court: CV-23-230). (Ala. Civ. App. 2024). “"(2) [Navy Federal] is hereby ordered, pursuant to Section 6-6-452 of the Code of Alabama [1975], to pay any 3 CL-2024-0352 monies within its possession regarding [Quinton Collick] into court.”
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