Legal Opinion

Gutzmore v. Bartholomew

Court of Civil Appeals of Alabama

Decided January 7, 2011No. 2091059Published

1Opinion of the Court

THOMAS, Judge.

Neal Gutzmore appeals from a judgment of the Houston Circuit Court (“the circuit court”) denying his claim of exemption from garnishment. We reverse and remand.

In February 2008, Curtis Bartholomew obtained a money judgment against Gutz-more. On August 20, 2009, Bartholomew filed a writ of garnishment in the Houston District Court (“the district court”), seeking to garnish Gutzmore’s wages. On November 5, 2009, Gutzmore filed a sworn declaration and claim of exemption, claiming that his wages were exempt from garnishment under Ala. Const. 1901, Art. X, § 204. On November 12,…

2Cases cited7 opinions

  1. Davis v. Hanson Aggregates Southeast, Inc.Supreme Court of Alabama · 2006
  2. Kennedy v. SmithSupreme Court of Alabama · 1892
  3. Poole v. GriffithSupreme Court of Alabama · 1927
  4. Ex Parte AverySupreme Court of Alabama · 1987
  5. Totten & Brother v. Sale & Co.Supreme Court of Alabama · 1882

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