Code of Alabama
Ala. Code § 6-6-458 (2026)
Controverting of Answer by Plaintiff, Etc.
✓ official Alabama Legislature (ALISON) text, current July 2026
The plaintiff, his agent, or attorney may controvert the answer of the garnishee by making oath within 30 days after notice of the filing of the answer that he believes it to be untrue. Thereupon, an issue must be made up, under the direction of the court, in which the plaintiff must allege in what respect the answer is untrue; and, if required by either party, a jury must be impaneled to try such issue.
(Code 1852, §2546; Code 1867, §2974; Code 1876, §3299; Code 1886, §2891; Code 1896, §2196; Code 1907, §4325; Code 1923, §8076; Code 1940, T. 7, §1020.)
Notes of Decisions
Cited in 7
cases, 1980–2012 · leading case: North River Ins. Co. v. Overton, 59 So. 3d 1 (Ala. 2010).
North River Ins. Co. v. Overton, 59 So. 3d 1 (Ala. 2010). “Ala.Code 1975, § 6-6-458. Thus, the burden rests on the plaintiff to show a garnishable debt, the amount of the garnishee’s indebtedness to defendant and funds or property of the debtor in the garnishee’s hands.”
Robbins v. State ex rel. Priddy, 109 So. 3d 1128 (Ala. Civ. App. 2012). “See Ala.Code 1975, § 6-6-458. As to appeals, Alabama’s garnishment article states merely that “[a]n appeal lies .”
Tucker v. Richard M. Scrushy Charitable Found., Inc., 93 So. 3d 83 (Ala. 2012). “,’ pursuant to Alabama Code [1975,] § 6-6-458 (the ‘Garnishment Contest’). As grounds for the Garnishment Contest, Plaintiffs alleged, among other things, that ‘Scrushy has dominated and controlled the Garnishee [Foundation] such that it is the mere alter ego of Scrushy.”
Devan Lowe, Inc. v. Stephens, 842 So. 2d 703 (Ala. Civ. App. 2002). “Thereafter on September 22, 2000, Stephens filed an answer contesting the veracity of the garnishee's answer pursuant to § 6-6-458, Ala.Code 1975, and supported that pleading with an affidavit of one of Lowe's staff members who confirmed that Hubbard continued to work at Lowe.”
Buck Creek Indus., Inc. v. Alcon Constr., Inc., 631 F.2d 75 (5th Cir. 1980). “, a trial on the merits, Ala.Code § 6-6-458 (1975), or he may subpoena the garnishee to appear in court to give an oral answer, which supplements the garnishee’s written answer.”
Dobson v. Vick, 27 So. 3d 469 (Ala. 2009). “Pursuant to § 6-6-458, Ala.Code 1975, either party could have requested that the issue be tried before a jury; however, neither the Estate nor Elmer made such a request.”
Overton v. Prince Fam. Hous., Inc., 985 So. 2d 423 (Ala. 2007). “§ 6-6-458, Ala.Code 1975; see also Sun Ins.”
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