§ Rule 64B Contest of claim of exemption -- Garnishment of money, choses in action or personal property
Rule 64B. Contest of claim of exemption -- Garnishment of money, choses in action or personal property.
(Replacing § 6-10-37, Code of Alabama 1975)
When money, choses in action, or personal property are garnished and the defendant claims the same, or any part thereof, as exempt, the defendant shall file a claim thereto in writing, verified by oath, in the court in which such proceedings are pending, accompanied by a statement setting forth the personal property, choses in action, and money and the location and value thereof as required in the statement to be filed under the provisions of § 6-10-29, Code of Alabama 1975. The plaintiff, in person or by agent or attorney, may contest such claim as in contest after declaration filed, and such contest shall be tried and determined as other contests of claims of exemption are tried and determined. If the plaintiff fails to make timely contest after notice of the defendant's claim of exemption, after fifteen (15) calendar days from the filing of such claim, the process of garnishment and any writ of garnishment issued therein shall be dismissed or, where appropriate, modified to the extent necessary to give effect to the claimed exemptions. If a timely contest of a claim of exemption is filed, the hearing to determine said contest must be initially scheduled within seven (7) calendar days (or on the next business day thereafter if the court is not open on the said seventh day) after said contest is filed. If the defendant has notice of the garnishment, the claim of exemption must be interposed before judgment of condemnation, but, if not, such judgment shall not operate to impair or affect the defendant's claim of exemption. Notice of the garnishment must be in writing and may be given by the plaintiff or garnishee, but must be served by the sheriff contemporaneously
with the service of process of garnishment on the garnishee.