Post-Judgment Collection (Demand, Execution, Garnishment)

"No execution shall issue upon a judgment nor shall proceedings be taken for its enforcement until the expiration of thirty days after its entry. (14 days in District Court) (Alabama Rules of Civil Procedure, Rule 62)

Writ of Execution: The clerk shall issue a writ of execution to enforce a money judgment upon application of the judgment creditor. Upon application for a writ of execution the judgment creditor shall provide the clerk with a description of the property to be executed upon, if known, and the last known address of the judgment debtor against whom execution is sought. (Alabama Rules of Civil Procedure 69)The sheriff or other officer receiving an execution must execute the writ with diligence and, if practicable, perform the mandate thereof and make return of his acts to the clerk or register, as soon as practicable and not later than 90 days from the date of the execution. (Ala.Code 1975 § 6-9-80)

Levy, Sale, and Return: When a levy is made on real or personal property, a full description thereof, with the date of the levy, must be endorsed upon or appended to the execution. (Ala.Code 1975 § 6-9-99). In sales of personal property, notice must be given by advertisement at the courthouse door and also by publication in a newspaper, if one is published in the county, for 10 days previous to such sale, but only one insertion in such newspaper shall be necessary. (Ala.Code 1975 § 6-9-87) The property may be sold on any day, except Sunday, either at the courthouse, the residence of the defendant, the place where levied on, or the neighborhood thereof, as may be most expedient. (Ala.Code 1975 § 6-9-86)

Garnishment: To obtain such writ of garnishment, the plaintiff, his agent or attorney must make, before an officer authorized to administer oaths, and file, with the clerk of the court in which the action is pending or the judgment was entered, an affidavit stating the amount due from the defendant to the plaintiff, or his assignee, that process of garnishment is believed to be necessary to obtain satisfaction thereof and that the person to be summoned as garnishee is believed to be chargeable as garnishee in the case. It is not ground of objection that two or more persons having separate interests are mentioned as garnishees. (Ala.Code 1975 § 6-6-391) Upon the filing of the affidavit or the affidavit and bond, as the case may be, the officer filing the same must issue process of garnishment and a copy thereof for each garnishee, to be served by the proper officer, requiring the garnishee to appear within 30 days and file an answer, upon oath, whether, at the time of the service of the garnishment, at the time of making his answer or at any time intervening between the time of serving the garnishment and making the answer he was indebted to the defendant and whether he will not be indebted in future to him by a contract then existing, whether by a contract then existing he is liable to him for the delivery of personal property or for the payment of money which may be discharged by the delivery of personal property or which is payable in personal property and whether he has not in his possession or under his control money or effects belonging to the defendant. (Ala.Code 1975 § 6-6-393) When the defendant resides within the state and the garnishment is issued on a judgment or in a pending action in which an appearance has not been entered for the defendant, the officer issuing the garnishment must issue notice thereof to the defendant, which notice must be served on him at least five days before judgment against the garnishee. (Ala.Code 1975 § 6-6-394)"

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