Code of Alabama
Ala. Code § 6-6-457 (2026)
Proceedings on Failure to Appear and Answer.
✓ official Alabama Legislature (ALISON) text, current July 2026
If the garnishee fails to appear and answer, a conditional judgment must be entered against him for the amount of the plaintiff’s claim, as ascertained by his judgment, to be made absolute unless he appears within 30 days after notice of the conditional judgment issued by the clerk, to be served on him, as other process, by the sheriff. If he fails to appear within the time required by the notice served upon him or if two notices are returned “not found” by the sheriff of the county in which the garnishment was executed, the judgment must be made absolute.
(Code 1852, §2545; Code 1867, §2973; Code 1876, §3298; Code 1886, §2980; Code 1896, §2195; Code 1907, §4324; Code 1923, §8075; Code 1940, T. 7, §1019.)
Notes of Decisions
Cited in 5
cases, 1998–2020 · leading case: Hoc, Inc. v. McAllister (In Re McAllister), 216 B.R. 957 (Bankr. N.D. Ala. 1998).
Hoc, Inc. v. McAllister (In Re McAllister), 216 B.R. 957 (Bankr. N.D. Ala. 1998). “But in response to *960 the garnishee’s failure to answer or appear, the plaintiff requested this Court, pursuant to Code of Ala. 1975, § 6-6-457, for a conditional judgment against Infinity.”
Robbins v. State ex rel. Priddy, 109 So. 3d 1128 (Ala. Civ. App. 2012). “See Ala.Code 1975, § 6-6-457. In contrast, when a garnishee appears and answers the process of garnishment, the plaintiff may, by statute, controvert the *1132 answer within 30 days, after which a hearing on the controversy is to take place.”
Moore v. Moore, 160 So. 3d 325 (Ala. Civ. App. 2014). “However, § 6-6-457, Ala.Code 1975, also provides that a conditional judgment must be entered against a garnishee who fails to appear, which judgment will then become permanent 30 days after notice of the conditional judgment.”
Nat'l Ass'n of Letter Carriers v. Alabama Cent. Credit Union, 28 So. 3d 794 (Ala. Civ. App. 2009). “In October 2007, the trial court entered a final judgment against NALC, pursuant to § 6-6-457, Ala.Code 1975. 1 In April 2008, NALC moved the trial court, pursuant to Rule 60(b)(4) and (5), Ala.”
McKinney v. 2nd Chance Auto Sales (Bankr. M.D. Ala. 2020). “CODE § 6-6-457 (2018). Second Chance’s argument that garnishment proceedings are not civil actions is surprising in light of the circumstances that gave rise to Second Chance’s money judgment against Wells Fargo.”
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