RulesofCivilProcedure.com Civil Procedure · Every State

Rule 64A.Notice to defendant of right to claim exemption from garnishment.

Last amended July 6, 2017 · Last verified July 6, 2026

In one sentenceRule 64A requires that whenever a garnishment is issued against a defendant who has not yet appeared in the underlying case, the officer serving the garnishee must also serve the defendant, at least five days before any judgment is entered against the garnishee, with notice identifying the case and, except in child or spousal support collection cases, a mandatory statement explaining the defendant's possible right to claim property as exempt from garnishment and the steps required to make that claim.

Full Text of Rule 64A

Text size

When a garnishment is issued on a judgment in which an appearance has not been entered for the defendant, the officer issuing the garnishment must issue notice to the defendant contemporaneously with the service of process of garnishment on the garnishee. The notice to the defendant must be served on the defendant at least five days before judgment is issued against the garnishee and shall identify the name of the parties, the court in which the action is pending, and the case number. In addition, except in proceedings to collect child or spousal support, the notice shall also contain the statement concerning rights of exemption set forth below:
RIGHT TO CLAIM EXEMPTION FROM GARNISHMENT
A process of garnishment has been delivered to you. This means that a Court may order your wages, money in a bank, sums owed to you, or other property belonging to you, to be paid into Court to satisfy a judgment against you.
Laws of the State of Alabama and of the United States provide that in some circumstances certain money and property may not be taken to pay certain types of court judgments, because certain money or property may be "exempt" from garnishment. For example, under State law, in some circumstances, up to $7,500.00 in personal property, including money (except wages, salaries, or other compensation), bank accounts, automobiles, appliances, etc., may be exempt from process of garnishment. Similarly, under Federal law, certain benefits and certain welfare payments may be exempt from garnishment. Benefits and payments ordinarily exempt from garnishment include, for example, Social Security payments, SSI payments, veteran=s benefits, AFDC (welfare) payments, unemployment compensation payments, and workers= compensation payments.
THESE EXAMPLES ARE FOR PURPOSES OF ILLUSTRATION ONLY. WHETHER YOU WILL BE ENTITLED TO CLAIM ANY EXEMPTION FROM THE PROCESS OF GARNISHMENT AND, IF SO, WHAT PROPERTY MAY BE EXEMPT, WILL BE DETERMINED BY THE FACTS IN YOUR PARTICULAR CASE. IF YOU ARE UNCERTAIN AS TO YOUR POSSIBLE EXEMPTION RIGHTS, YOU SHOULD CONSULT A LAWYER FOR ADVICE. TO CLAIM ANY EXEMPTION THAT MAY BE AVAILABLE TO YOU, YOU MUST PREPARE A "CLAIM OF EXEMPTION" FORM LISTING ON IT ALL YOUR WAGES AND PERSONAL PROPERTY; HAVE THE CLAIM OF EXEMPTION NOTARIZED; AND FILE IT IN THE CLERK=S OFFICE. ALSO, IT IS YOUR RESPONSIBILITY TO MAIL OR DELIVER A COPY OF THE CLAIM OF EXEMPTION TO THE PLAINTIFF WHO HAS A JUDGMENT AGAINST YOU. YOU MUST INDICATE ON THE CLAIM OF EXEMPTION THAT YOU FILE IN THE CLERK=S OFFICE WHETHER YOU MAILED OR DELIVERED THE COPY TO THE PLAINTIFF AND THE DATE ON WHICH YOU MAILED OR DELIVERED IT. THE CLERK CANNOT GIVE YOU LEGAL ADVICE. IF YOU NEED ASSISTANCE YOU SHOULD SEE A LAWYER.
If you file a claim of exemption, the plaintiff will have approximately ten (10) days to file a "contest" of your claim of exemption. If a contest is filed, a court hearing will be scheduled and you will be notified of the time and place of the hearing. If the plaintiff does not file a contest, the property claimed by you as exempt will be released from the garnishment.
If you do not file a claim of exemption, your property may be turned over to the court and paid to the plaintiff on the judgment against you.
TO PROTECT YOUR RIGHTS, IT IS IMPORTANT THAT YOU ACT PROMPTLY. IF YOU HAVE ANY QUESTIONS, YOU SHOULD CONSULT A LAWYER.
(dc) District Court Rule. Rule 64A applies in the district courts.

Amendment History

[Adopted 6-18-85; Amended 11-6-85, eff. 11-15-85; Amended 4-7-86, eff. 4-15-86; Amended eff. 10-1-95; Amended 7-22-2010, eff. 10-1-10; Amended eff. 4-7-2017; Amended eff. 7-6-2017.]

Committee Comments

Committee Comments on 1985 Adoption

The decision in Green v. Harbin, Civil Action No. 82-C-5598-NE, pending in the United States District Court for the Northern District of Alabama, as of the time of this committee’s proposal regarding this rule was submitted to the Supreme Court makes it necessary to modify the procedure for giving notice to a defendant in most garnishment proceedings. The expanded notice is not necessary in proceedings to collect child or spousal support. The extremely limited rights of exemption in such instances caused these proceedings to be excluded from the requirements of Green v. Harbin. This rule requires that the service of the notice take place contemporaneously with the service of the process of garnishment. This revision is not limited in applicability to residents of Alabama, as was its predecessor, since the order in Green v. Harbin requires notice of rights to exemptions under federal as well as state law and thus, a non-resident with federal exemptions only is potentially among persons entitled to notice.

Plain-English Summary

Garnishment lets a judgment creditor reach a defendant's wages, bank accounts, or other property held by a third party, called the garnishee, to satisfy a judgment. Rule 64A protects defendants who have not appeared in the underlying case by requiring that they receive direct notice whenever a garnishment is issued against them. That notice must go out at the same time process is served on the garnishee, and it must reach the defendant at least five days before any judgment can be entered against the garnishee.

The notice itself must identify the parties, the court where the action is pending, and the case number, so the defendant can find and respond to the proceeding. Except in cases collecting child or spousal support, where the rule recognizes that exemption rights are far more limited, the notice must also include a detailed statement explaining the defendant's possible right to claim an exemption from garnishment. That statement walks the defendant through the basics: some money and property, such as a set dollar amount of personal property and certain federal benefits like Social Security or unemployment payments, may be protected from garnishment depending on the circumstances.

The required statement tells the defendant exactly what to do to preserve those rights: prepare a written, notarized claim of exemption listing all wages and property, file it with the clerk, and mail or deliver a copy to the plaintiff, noting on the filed claim how and when that copy was sent. It also explains what happens next — the plaintiff has roughly ten days to contest the claim, and if no contest is filed, the claimed property is released from the garnishment. If the defendant does nothing, the property may be turned over to the court and paid to the plaintiff. The statement closes by urging the defendant to act quickly and consult a lawyer with any questions, since the clerk cannot give legal advice.

Frequently Asked Questions

Who is entitled to notice under Rule 64A?

A defendant against whom a garnishment is issued but who has not yet appeared in the underlying action is entitled to notice, served at the same time the garnishee is served with process.

How much advance notice must the defendant receive before judgment against the garnishee?

The notice must be served on the defendant at least five days before judgment is entered against the garnishee, giving the defendant time to contest the garnishment or file a claim of exemption first.

Does the notice requirement apply to child support or spousal support collection?

The basic notice identifying the parties, court, and case number still applies, but the detailed statement explaining exemption rights is not required in proceedings to collect child or spousal support.

What must a defendant do to claim property as exempt from garnishment?

The defendant must prepare a written, notarized claim of exemption listing all wages and personal property, file it with the clerk, and mail or deliver a copy to the plaintiff, noting on the filed claim when and how that copy was sent.

What happens if the defendant files a claim of exemption and the plaintiff does not contest it?

If the plaintiff does not file a timely contest, the property the defendant claimed as exempt is released from the garnishment.

What happens if the defendant never files a claim of exemption?

Without a claim of exemption, the defendant's property subject to the garnishment may be turned over to the court and ultimately paid to the plaintiff on the underlying judgment.

Source & verification. The rule text, amendment history, and Committee Comments are reproduced verbatim from the official Alabama Rules of Civil Procedure (Ala. R. Civ. P. 64A). Prescribed by the Supreme Court of Alabama (Ala. Const. amend. 328, § 6.11). The plain-English summary is original and written by us. Last verified July 6, 2026. · Official source
Also known as: garnishment notice requirementright to claim exemption noticenotice to defendant garnishmentexemption from garnishment AlabamaAla. R. Civ. P. 64A