• Home
  • Blog
  • Lawyerpreneur Podcast
  • Contact
  • What I’m Doing Now
Jeremy W. RichterJeremy W. Richter
Jeremy W. RichterJeremy W. Richter
  • Home
  • Blog
  • Lawyerpreneur Podcast
  • Contact
  • What I’m Doing Now

Failure to Contest Garnishment Exemption Claims

Failure to Contest Garnishment Exemption Claims

Failure to Contest Garnishment Exemption Claims

September 12, 2016 Posted by Jeremy W. Richter Rules of Civil Procedure

Carrie Crews v. Grace Jackson: When a judgment creditor has failed to contest garnishment exemption claims, a court has no discretion to determine whether to dismiss a garnishment proceeding or to modify a writ of garnishment.

On August 26, 2016, the Alabama Court of Civil Appeals decided the matter of Carrie Crews v. Grace Jackson [Ms. 2150422], — So.3d — (Ala.Civ.App. 2016), holding that, pursuant to the compulsory language of Alabama Rule of Civil Procedure 64B, a trial court does not have any discretion to determine whether to dismiss a garnishment proceeding or to modify a writ of garnishment when the judgment creditor has failed to contest a declaration and claim of exemptions. In such instances, where the judgment holder has not timely contested claimed exemptions to a garnishment, the trial court must dismiss the garnishment proceeding or modify the writ of garnishment in order to give effect to the claimed exemptions filed by the debtor.

To allow any discretion, where the rule mandates that “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,” would run counter to the language of Alabama Code § 6-10-24, which provides that property claimed as exempt is not subject to levy unless a waiver of exemption as to the kind of property on which the levy is sought to be made or the claim is contested exists.  Alabama Rule of Civil Procedure 64B (emphasis added). Moreover, the Alabama Court of Civil Appeals has previously held that the failure to properly contest a declaration and claim of garnishment exemption requires that the claim of garnishment exemption be considered prima facie correct, and thus upheld. See Young v. Strong, 694 So.2d 27, 28 (Ala. Civ. App. 1997).


Photo by United States Mission Geneva.

Do your best work. Be your best self.

Get the first three chapters of Level Up Your Law Practice so you can have a successful and sustainable law practice that meets your needs through self-assessment, having a vision for yourself and your practice, and client relationships that are built on trust.

I will never give away, trade or sell your email address. You can unsubscribe at any time.

Share this:

  • Click to share on Twitter (Opens in new window)
  • Click to share on Facebook (Opens in new window)
  • Click to share on LinkedIn (Opens in new window)

Related

You also might be interested in

When to Withhold Consent to Sublet a Commercial Property
Photo by Bill Selak

When to Withhold Consent to Sublet a Commercial Property

Oct 10, 2016

Steve Evans v. W.G. Waldrop - A landlord has not acted unreasonably by refusing to allow the sublease of a commercial property based on the objections of other tenants to the nature of the proposed occupancy.

When Do Mileage Expenses Begin to Accrue?
Photo by miguelb. https://www.flickr.com/photos/mig/215734195/in/photolist-k4Gg6-62S7AY-bSzC86-6zp2rJ-Az4KJj-pp4fTG-3rspF-4ixT6n-egTTak-6AqmhE-6yDTdw-p7Ar25-avuPd5-cs4Rn-YQY6-nkbEUK-iPadRQ-xPW9-dQAtpV-fCtqJh-4TUbH2-2pmDk-eM9U-9KHsS5-dVj7be-7pZ9Tz-2ZK4kW-3ptFZ-egTTcg-ch9kVS-2pYe6i-4Lm8mx-9qAWNB-qT1Xrr-a17Wig-duovRi-PUDfZ-a17Wen-4tGJ69-EHs7b-4P2LeB-47uVkU-3xJst-6bgbCA-f3vzCT-kzY1J-6hrPSk-244bFA-z7wxV-9678Q6

When Do Mileage Expenses Begin to Accrue?

Oct 6, 2016

Tracy Page v. Southern Care, Inc. - Where an employer is liable to pay mileage expenses under the Alabama Workers' Compensation Act, the mileage costs to and from medical providers should be measured from the employee's home.

Rights of a Prescriptive Easement Holder

Rights of a Prescriptive Easement Holder

Oct 13, 2016

Deborah Barker, et al. v. Joe N. Bennett - A prescriptive easement is properly asserted when the easement holder shows adverse use, a claim of right, exclusivity, and knowledge of the owner.

The podcast you didn’t know you needed

Recent Posts

  • The Year That Was and the Year That Is
  • Intellectual Property Issues for Entrepreneurs with Becki C. Lee
  • Setting Expectations and Delivering on Them with Patricia Baxter
  • Get Comfortable with Being Uncomfortable with Mark Bassingthwaighte
  • Appearance on Litera’s “Inside the Firm”

Search the Blog

Contact Me

Send me an email and I'll get back to you.

Send Message
Doing your best work. Be your best self. Let me help you get there with my new book "Level Up Your Law Practice"

© 2021 · Richter Holdings, LLC

  • Home
  • Blog
  • Lawyerpreneur Podcast
  • Contact
  • What I’m Doing Now
Prev Next