Fillable Form C-21 - Process Of Garnishment printable pdf download

Case Number

State of Alabama

PROCESS OF GARNISHMENT

Unified Judical System

Form C-21 (Front)

Rev. 11/06

IN THE

COURT OF

COUNTY, ALABAMA

NAME AND ADDRESS OF PLAINTIFF (Persons Asserting Claim):

NAME AND ADDRESS OF DEFENDANT (Person Whose Property is

Subject to Garnishment):

NAME AND ADDRESS OF ATTORNEY FOR PLAINTIFF:

DATE OF

JUDGMENT:

JUDGMENT AMOUNT: $ _______________________________

COSTS: $ _______________________________

LESS CREDIT: $________________________________

NAME AND ADDRESS OF GARNISHEE:

OTHER: $ ________________________________

TOTAL: $ ________________________________

AFFIDAVIT

I make oath that I have obtained the above judgment and believe the named garnishee is or will be indebted to the named defendant or has or will

have effects of the defendant under the garnishee’s control. I believe that a Process of Garnishment against the garnishee is necessary to

obtain satisfaction of the judgment.

If the garnishment is for wages, salary, or other compensation, I further make oath that the amount to be withheld must be:

25% of disposable earnings for the week OR the amount by which disposable earnings for the week exceed 30 times the federal minimum

hourly wage in effect at the time the earnings are payable, WHICHEVER IS LESS,

20% of disposable earnings for the week OR the amount by which disposable earnings for the week exceed 50 times the federal minimum

hourly wage in effect at the time the earnings are payable, WHICHEVER IS LESS, which amount is in compliance with the instructions on the

reverse side of this from.

I hereby request disbursement of amounts periodically paid into Court pursuant to this garnishment.

Sworn to and subscribed before me this______________________

day of ________________________________________________

______________________________________________________

Notary Public/Clerk (Signature)

Affiant/Attorney (Signature)

WRIT OF GARNISHMENT

TO ANY LAW ENFORCEMENT OFFICER OF THE STATE OF ALABAMA:

You are hereby commanded to serve this Process of Garnishment on the GARNISHEE,_________________________________________,

(Name of garnishee)

and a copy on the defendant,________________________________________________________________, and make proper return to this Court.

(Name of defendant)

NOTICE TO DEFENDANT: READ THE IMPORTANT INFORMATION ON THE BACK OF THIS FORM (Regarding your Rights).

NOTICE TO GARNISHEE: YOU ARE THE GARNISHEE IN THE ABOVE ACTION.

You must complete and file the enclosed Answer form within thirty (30) days from service of process. If you fail to file an Answer, the plaintiff can

proceed for judgment against you for the amount of the claim, plus costs. Mailing the notarized Answer form to the Clerk of the Court at the address below

constitutes making a proper appearance in the Court. YOU MUST ANSWER:

(1)

Whether you are or were indebted to the defendant at the time you received this process, or when you make your answer, or during the

intervening time; or

(2)

Whether you will be indebted to the defendant in the future by existing contract; or

(3)

Whether by existing contract you are liable to the defendant for the delivery of personal property or for the payment of money; or

(4)

Whether you have in your possession or control, money, or effects belonging to the defendant.

You are commanded to retain the amount indicated above wages, salary or other compensation due or which will become due to the defendant for

such period of time as is necessary to accumulate the sum $____________________________(Judgment and costs).You are required, after a period of 30

days from the first retention of any sum from the defendants wages, salary, or other compensation, to begin paying the moneys withheld into court as they are

deduced or withheld and continue to do so on a monthly or more frequent basis until the full amount is withheld. If employment of the defendant is terminated

BEFORE the sum is accumulated, you are required by law to report the termination and pay into court within 15 days AFTER termination, all sums withheld in

compliance with this garnishment. (See Reverse Side for Instructions on Garnishments). If you have in your possession or control property or money

belonging to the defendant, which is NOT wages, salary, or other compensation, and is not exempt as a matter of law, you are further commanded to hold the

property or money, or the amount shown above as "Total," whichever is less, subject to orders of this Court.

Date issued:

_________________________________________________________________ By: ___________________________________

Clerk

Deputy Clerk

__________________

Address: ________________________________________________________________________________________________

This process was executed by serving a copy on (Garnishee) _____________________________________________________________________________

______________________on (Date) ___________________________________________________________________________. Service on (Defendant)

___________________________________________________________________________on (Date) ___________________________________________

Served by: _____________________________________ Title: __________________________________________________________________________.

COURT RECORD (Original)

PLAINTIFF (Copy)

DEFENDANT (Copy)

GARNISHEE (Copy)

Form C-21 - Process Of Garnishment

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