Legal Opinion

Fields v. State Department of Human Resources ex rel. Fields

Court of Civil Appeals of Alabama

Decided December 9, 2016No. 2150799Published

1Opinion of the Court

DONALDSON, Judge.

This appeal involves the right of a person whose wages are subject to a writ of garnishment to an opportunity to be heard to contest the writ. We hold that the person whose wages are subject to a writ of garnishment is entitled to be heard if a hearing is requested. See Robbins v. State ex rel. Priddy, 109 So.3d 1128, 1131 (Ala. Civ. App. 2012) (“Alabama’s garnishment statutes recognize that both the putative garnishee and the defendant are entitled to notice and an opportunity to appear as parties in interest entitled to assert their respective positions as to the plaintiffs…

2Cases cited9 opinions

  1. Nunn v. BakerSupreme Court of Alabama · 1987
  2. Steiner Bros. v. First National BankSupreme Court of Alabama · 1896
  3. Hallman v. Marion Corp.Supreme Court of Alabama · 1982
  4. Ex Parte MorganSupreme Court of Alabama · 1983
  5. Jackson v. ShipmanSupreme Court of Alabama · 1856

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