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GARNISHMENT & RIGHT TO CONTEST - FIELDS V. STATE DEPARTMENT OF HUMAN RESOURCES

Fields v. State Department of Human Resources, [Ms. 2150799, Dec. 9, 2016] __ So. 3d __ (Ala. Civ. App. 2016). The court holds “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 plaintiff’s garnishment claim.” Ms. *11, quoting Robbins v. State ex rel Priddy, 109 So. 3d 1128 (Ala. Civ. App. 2012). Here, the Jefferson Circuit Court permitted a former husband’s wages to be garnished from his employer under authority of a writ of garnishment served by the Department of Human Resources without affording the former husband an opportunity to appear before the court and contest the writ. The court holds “that the person whose wages are subject to a writ of garnishment is entitled to be heard if a hearing is requested.” Ms. *1-2.

Related Documents: Fields v State Department of Human Resources

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