(a) When the garnishee, by his answer as originally filed or by any supplemental answer thereafter, alleges, at any time before final judgment against him, that he has been notified that another person claims title to, or an interest in, the debt, demand, money, or effects which, by his answer, he has admitted to be due or owing or to be in his possession, the clerk must issue notice to the suggested claimant to appear within 30 days after service of the notice and propound his claim and contest with the plaintiff the right to such debt, demand, money or effects.
(b) If he appears, he must be required to propound his claim in writing and make oath thereto, upon which the plaintiff must take issue in law or in fact, and the issue in fact must be tried by a jury, if required by either party. If the issue is found for the plaintiff, judgment must be entered against the garnishee on his answer or, if for the contestant, the garnishee must be discharged.
(c) If the contestant is a nonresident, the contest must be stayed 60 days and the same proceedings had as in the case of a nonresident defendant.
(d) If two notices to the resident contestant be returned "not found," a judgment must be entered against the garnishee on his answer.
(e) The interposition of these collateral issues does not affect the jurisdiction of the court obtained by levy of the attachment or service of garnishment.
(f) Upon the trial of these collateral issues, either party may appeal any question, and judgment for costs must be entered against the unsuccessful party.
Structure Code of Alabama
Division 5 - Answer of Garnishee.
Section 6-6-450 - Filing of Answer; Notice Thereof; Oral Examination.
Section 6-6-451 - Answers on Behalf of Corporations.
Section 6-6-452 - Payment of Defendant's Money Into Court if Garnishee Admits Possession Thereof.
Section 6-6-454 - Judgment Where Answer Admits Indebtedness to Defendant.
Section 6-6-455 - Proceedings When Garnishee Liable for Delivery of Personal Property.
Section 6-6-457 - Proceedings on Failure to Appear and Answer.
Section 6-6-458 - Controverting of Answer by Plaintiff, Etc.
Section 6-6-459 - Contest of Answer by Defendant.
Section 6-6-460 - Judgment When Issue Found Against Garnishee.
Section 6-6-461 - Effect of Judgment for Plaintiff as Between Garnishee and Defendant.
Section 6-6-462 - Payment of Costs to Garnishee Upon Discharge.
Section 6-6-463 - Disposition of Claims of Other Persons Suggested by Garnishee.