Process Of Garnishment {C-21} | Pdf Fpdf Doc Docx | Alabama

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Process Of Garnishment {C-21} | Pdf Fpdf Doc Docx | Alabama

Process Of Garnishment {C-21}

This is a Alabama form that can be used for C-Series (Civil) within Statewide.

Alternate TextLast updated: 6/1/2017

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State of Alabama Unified Judicial System Form C-21 (Front) Rev. 4/2017 Case Number PROCESS OF GARNISHMENT COURT OF COUNTY, ALABAMA NAME AND ADDRESS OF DEFENDANT (Person Whose Property is Subject to Garnishment): IN THE NAME AND ADDRESS OF PLAINTIFF (Persons Asserting Claim): NAME AND ADDRESS OF ATTORNEY FOR PLAINTIFF: DATE OF JUDGMENT: JUDGMENT AMOUNT: $ ______________________________ INTEREST: $ ______________________________ NAME AND ADDRESS OF GARNISHEE: COSTS: $ ______________________________ LESS CREDIT: $ ______________________________ OTHER: $ ______________________________ TOTAL: $ ______________________________ AFFIDAVIT A. 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 ____________________ B. C. 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: YOUR 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 will be 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 from 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) American LegalNet, Inc. www.FormsWorkFlow.com Form C-21 (back) I. Rev. 4/2017 PROCESS OF GARNISHMENT Instructions for Determining the Percentage of Wages, Salary or Other Compensation to be Withheld GARNISHMENTS TO COLLECT JUDGMENTS ARISING FROM SITUATIONS OTHER THAN CONSUMER LOANS, CONSUMER CREDIT SALES OR CONSUMER LEASES ARE SUBJECT TO THE RESTRICTIONS OF:§6-10-7, Code of Alabama 1975, and Title 15, §1673, United States Code ("U.S.C."). Under Alabama and federal law, the amount subject to garnishment to collect such judgments shall not exceed the LESSER of: (1) twenty-five (25) percent of "disposable earnings" for the week; OR (2) the amount by which "disposable earnings" for the week exceed thirty (30) times the federal minimum hourly wage in effect at the time the earnings are payable. II. GARNISHMENTS TO COLLECT JUDGMENTS ARISING FROM CONSUMER LOANS, CONSUMER CREDIT SALES OR CONSUMER LEASES ARE SUBJECT TO THE RESTRICTIONS OF: §5-19-15, Code of Alabama, 1975 as amended by Act 88-294, effective April 12, 1988, and Act 96-576, effective 5/20/1996. A. Under this law, if the debt or demand was created ON OR AFTER April 12, 1988, the amount subject to garnishment shall not exceed the LESSER of: (1) twenty-five (25) percent of "disposable earnings" for the

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