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GARNISHMENT / CLAIM OF EXEMPTION - CREWS V. JACKSON

Crews v. Jackson, [Ms. 2150422, Aug. 26, 2016] __So.3d __ (Ala. Civ. App. 2016). Rule 64B, Ala. R. Civ. P., explaining the procedure by which a defendant may seek exemption from garnishment and which provides, in pertinent part, that

[i]f the plaintiff fails to make timely contest after notice of the defendant's claim of exemption, 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 or, where appropriate, modified to the extent necessary to give effect to the claimed exemptions

is mandatory as explained in Oliver v. Shealey, 67 So.3d 73 (Ala. 2011), and Ex parte Prudential Ins. Co. of America, 721 So.2d 1135 (Ala. 1998). Thus, a trial court has no discretion to determine whether to dismiss a garnishment proceeding or to modify a writ of garnishment when a judgment creditor fails to contest a declaration and claim of exemption within the time provided by the rule.

Related Documents: Crews v Jackson

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