Alabama Code (Last Updated: November 28, 2014) |
Title6 CIVIL PRACTICE. |
Chapter6. REMEDIES. |
Article9. Garnishments. |
Division5. Answer of Garnishee. |
§6-6-459. Contest of answer by defendant.
Latest version.
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The defendant, upon the coming in of the answer, may, within 30 days after notice of the filing of the answer, allege that the garnishee is indebted to him in a larger sum than he has admitted, is otherwise liable to him on a demand, the subject of garnishment, or that he holds money or effects of the defendant not admitted in his answer, which, being reduced to writing setting forth particularly in what respect the answer is deficient and being sworn to, an issue must thereupon be made up, under the direction of the court, which must be tried by a jury if required by either party; but such controversy shall not prevent the plaintiff from taking judgment upon the answer of the garnishee.