Free (garn.PDF - Alabama

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION RIGHT TO CLAIM EXEMPTION FROM GARNISHMENT A process of garnishment has been delivered to you. This means that a court may order your wages, money in a bank, sums owed to you, or other property belonging to you, to be paid into court to satisfy a judgment against you. Laws of the State of Alabama and of the United States provide that in some circumstances certain money and property may not be taken to pay certain types of court judgments, because certain money or property may be "exempt" from garnishment. For example, under state law, in some circumstances, up to $3,000.00 in wages, personal property, including money, bank accounts, automobiles, appliances, etc., may be exempt from process of garnishment. Similarly, under federal law, certain benefits and certain welfare payments may be exempt from garnishment. THESE EXAMPLES ARE FOR PURPOSES OF ILLUSTRATION ONLY. Whether you will be entitled to claim any exemption from the process of garnishment, and if so, what property may be exempt, will be determined by the facts in your particular case. If you are uncertain as to your possible exemption rights, you should consult a lawyer for advice. To claim any exemption that may be available to you, you must prepare a "Claim of Exemption" form listing on it all your wages and personal property, have the claim of exemption notarized and file it in the Clerk's Office. Also, it is your responsibility to mail or deliver a copy of the claim to the plaintiff who has a judgment against you. You must indicate on the claim that you file in the Clerk's Office whether you mailed or delivered the copy to the plaintiff and the date on which you mailed or delivered it. The clerk cannot give you legal advice. If you need assistance you should see a lawyer. If you file a Claim of Exemption, the Plaintiff will have approximately ten (10) days to file a "contest" of your claim. If a contest is filed, a court hearing will be scheduled and you will be notified of the time and place of the hearing. If the Plaintiff does not file a contest, the property claimed by you as exempt will be released from the garnishment. If you do not file a Claim of Exemption, your property may be turned over to the court and paid to the Plaintiff on the judgment against you. TO PROTECT YOUR RIGHTS, IT IS IMPORTANT THAT YOU ACT PROMPTLY. IF YOU HAVE ANY QUESTIONS, YOU SHOULD CONSULT A LAWYER. Charles R. Diard, Jr., Clerk of Court