Rule 64B.Contest of claim of exemption — Garnishment of money, choses in action or personal property.
Last amended May 6, 2015 · Last verified July 6, 2026
In one sentenceRule 64B lays out how a defendant whose money, choses in action, or personal property have been garnished can claim them as exempt by filing a verified written claim with a supporting statement of the property and its value, and how the plaintiff can contest that claim within a set timetable, with the process ending in dismissal or modification of the garnishment if the plaintiff fails to contest in time, or in a prompt hearing if the plaintiff does.
Full Text of Rule 64B
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(Replacing § 6-10-37, Code of Alabama 1975)
When money, choses in action, or personal property are garnished and the defendant claims the same, or any part thereof, as exempt, the defendant shall file a claim thereto in writing, verified by oath, in the court in which such proceedings are pending, accompanied by a statement setting forth the personal property, choses in action, and money and the location and value thereof as required in the statement to be filed under the provisions of § 6-10-29, Code of Alabama 1975. The plaintiff, in person or by agent or attorney, may contest such claim as in contest after declaration filed, and such contest shall be tried and determined as other contests of claims of exemption are tried and determined. If 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. If a timely contest of a claim of exemption is filed, the hearing to determine said contest must be initially scheduled within seven (7) calendar days (or on the next business day thereafter if the court is not open on the seventh day) after the contest is filed. If the defendant has notice of the garnishment, the claim of exemption must be interposed before judgment of condemnation, but, if not, such judgment shall not operate to impair or affect the defendant’s claim of exemption.
(dc)District Court Rule. Rule 64B applies in the district courts.
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 timetable governing a contest of a claim of exemption. The requirements of the Alabama Rules of Civil Procedure generally apply to such proceedings. See Rule 81(a)(3), Alabama Rules of Civil Procedure. Therefore, for example, the provisions of Rule 5 for service of a copy of pleadings filed with the Court on all parties and proof of such service by a certificate of service are applicable and afford a mechanism through which the plaintiff will receive notice of the defendant’s claim of exemption and the court file will reflect the fact of service on the plaintiff. The plaintiff is required to institute a contest of the claim within ten (10) days after notice of the claim. Section 6-10-26, Code of Alabama (1975). Where notice of the defendant’s claim of exemption is served on plaintiff by mail, plaintiff is entitled to three (3) additional days in which to institute a contest. Rule 6(e). The time period of fifteen (15) days for dissolution or modification is considered adequate to cover the ten (10) day time period plus time that might elapse through service by mail.
Committee Comments to October 1, 1995, Amendment to Rule 64B
The amendment is technical. No substantive change is intended.
Committee Comments to Amendment to Rule 64B Effective May 6, 2015
This amendment deletes what was the last sentence of Rule 64B, which read: "Notice of the garnishment must be in writing and may be given by the plaintiff or garnishee, but must be served by the sheriff contemporaneously with the service of process of garnishment on the garnishee." The requirement of service of notice of garnishment by the sheriff made it difficult to implement electronic filing of garnishments. The sentence was out of place in Rule 64B, which pertains to claiming exemptions, so its deletion does not leave a void. Service of notice of garnishment is covered elsewhere: When the defendant has not appeared, Rule 64A provides for service; when the defendant has appeared, Rule 5 provides for service.
District Court Committee Comments
The addition of subparagraph (dc) confirms, in compliance with Rule 1(a), Ala. R. Civ. P., that this rule is applicable in the district courts.
Note from the reporter of decisions: The order amending Rule 64A and Rule 64B, Alabama Rules of Civil Procedure, effective October 1, 2010, and adopting the Committee Comments to Amendment to Rule 64A Effective October 1, 2010, the District Court Committee Comments to Rule 64A, and the District Court Committee Comments to Rule 64B is published in that volume of Alabama Reporter that contains Alabama cases from 40 So. 3d. Note from the reporter of decisions: The order amending Rule 64B, effective May 6, 2015, and adopting the Committee Comments to Amendment to Rule 64B Effective May 6, 2015, is published in that volume of Alabama Reporter that contains Alabama cases from ___ So. 3d.
Plain-English Summary
Rule 64B picks up where a garnishment has already reached money, choses in action, or personal property and the defendant wants to claim some or all of it as exempt from the judgment. To make that claim, the defendant must file a written claim of exemption, verified by oath, in the same court where the garnishment proceeding is pending. That claim must be accompanied by a statement listing the property, choses in action, and money involved, along with their location and value.
Once the claim is filed, the plaintiff has an opportunity to contest it, either personally or through an agent or attorney, using the same procedure used for contests filed after a declaration in other exemption disputes. If the plaintiff does not file a timely contest within fifteen calendar days after the claim is filed, the garnishment process, and any writ of garnishment issued under it, must be dismissed or modified to the extent needed to honor the claimed exemption. If the plaintiff does contest the claim within that window, the rule requires the hearing on the contest to be scheduled within seven calendar days after the contest is filed, or the next business day if the court is not open on the seventh day.
Timing also matters for the defendant. If the defendant has notice of the garnishment, the claim of exemption must be made before any judgment of condemnation is entered against the garnished property. But if the defendant lacks notice, a judgment of condemnation entered without the defendant's knowledge does not cut off or impair the defendant's later claim of exemption.
Frequently Asked Questions
How does a defendant claim garnished property as exempt under Rule 64B?
The defendant files a written claim of exemption, verified by oath, in the court handling the garnishment, along with a statement listing the property, choses in action, and money involved and their location and value.
How long does the plaintiff have to contest a claim of exemption?
If the plaintiff does not file a timely contest within fifteen calendar days after the claim is filed, the garnishment or writ of garnishment must be dismissed or modified to honor the exemption.
How quickly must a hearing happen if the plaintiff contests the claim?
The rule requires the hearing on a timely contest to be initially scheduled within seven calendar days after the contest is filed, or the next business day if the court is closed on the seventh day.
What happens if the defendant did not know about the garnishment before judgment was entered?
If the defendant had no notice of the garnishment, a judgment of condemnation entered in the meantime does not impair or affect the defendant's later claim of exemption.
What happens if the defendant does have notice of the garnishment?
A defendant with notice of the garnishment must interpose the claim of exemption before the judgment of condemnation is entered against the garnished property.
Is the contest procedure under Rule 64B different from other exemption contests?
No. The plaintiff's contest of the claim is tried and determined the same way other contests of claims of exemption are tried and determined.
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. 64B). 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:contest claim of exemption garnishmentgarnishment exemption hearingclaim of exemption procedurecondemnation of garnished propertyAla. R. Civ. P. 64B