Code of Alabama

Ala. Code § 6-6-459 (2026)

Contest of Answer by Defendant.

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

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The defendant, upon the coming in of the answer, may, within 30 days after notice of the filing of the answer, allege that the garnishee is indebted to him in a larger sum than he has admitted, is otherwise liable to him on a demand, the subject of garnishment, or that he holds money or effects of the defendant not admitted in his answer, which, being reduced to writing setting forth particularly in what respect the answer is deficient and being sworn to, an issue must thereupon be made up, under the direction of the court, which must be tried by a jury if required by either party; but such controversy shall not prevent the plaintiff from taking judgment upon the answer of the garnishee.

(Code 1852, §2547; Code 1867, §2975; Code 1876, §3300; Code 1886, §2982; Code 1896, §2197; Code 1907, §4326; Code 1923, §8077; Code 1940, T. 7, §1021.)

Notes of Decisions

Cited in 2 cases, 1990–2015 · leading case: Palmer v. Palmer, 192 So. 3d 12 (Ala. Civ. App. 2015).

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Palmer v. Palmer, 192 So. 3d 12 (Ala. Civ. App. 2015). · cites it 2× “3 She also asserts that the husband did not make a “proper contest” to garnishment under § 6-6-459, Ala.Code 1975, because he did not raise any of the grounds enumerated in that statute.”

State Dep't of Revenue v. Stanfield, 562 So. 2d 519 (Ala. Civ. App. 1990). · cites it 4× “On July 17, 1989, the taxpayer filed a contest of the garnishee’s answer under Ala.Code 1975, § 6-6-459, and a claim of exemption of all property and wages.”

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