Legal Question in Civil Litigation in Alabama

Garnishment

I am planning to take an uninsured motorist to small claims court and sue her for the damages she did to my car. A layperson tells me that the alabama courts will now only garnish wages for back child support or back taxes. Any truth to this? Secondly, what are the court's options to collect judgement if the liable party still does not pay?


Asked on 10/02/02, 5:38 pm

2 Answers from Attorneys

Jon Lewis Lewis, Feldman, & Lehane, LLC

Re: Garnishment

You may garnish wages in Alabama. You may also garnish bank accounts and any source of funds which are intended to be paid to the judgment debtor. As far as court action, you may obtain a judgment in court, but it is up to you to collect it, not the court. You may send post judgment interrogatories, and if they are not answered, you may have the court compel the answers, and if necessary, have the sheriff pick up the judgment debtor and bring him/her to court to answer the questions.

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Answered on 10/02/02, 6:05 pm
Robert Kreitlein Robert Kreitlein, Attorney at Law

Re: Garnishment

Well, the collection efforts are up to you, not the court. You can garnish wages from an employer, a bank or credit union or any party owing the defendant money.

In addition, if the defendant is unemployed or has no assets you can find to garnish, you may also execute on any property the defendant may have. After filing the execution papers, you can get the sheriff to go with you to the defendant's home or business and seize personal property to satisfy the judgment. You may also file your judgment with the judge of probate if the defendant owns real property in order to put a lien on that property.

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Answered on 10/02/02, 6:56 pm


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