HB238 Alabama 2022 Session

Summary

Primary Sponsor

David FaulknerRepresentative

Republican

Session

Regular Session 2022

Title

Courts, garnishment proceedings, service of garnishment notice may be perfected by motion and court order under certain conditions, Sec. 6-6-394.1 added.

Summary

HB238 allows garnishment notices to be served by posting and mailing after failed personal service, with a court-ordered process and public posting requirements.

What This Bill Does

The bill adds a new section authorizing service by posting and mailing when a defendant cannot be found. It requires a verified motion for an order; if granted, the clerk posts the notice on the court website and in the courthouse for four weeks (with possible additional locations) and mails a copy to the defendant. The notice must identify the parties, court, and case number, include rights of exemptions (except in child or spousal support cases), and becomes effective 28 days after posting. A $15 court cost plus mailing costs are charged, with possible waivers for very small judgments, and the fees go to the county's Judicial Administrative Fund.

Who It Affects

• Defendants in garnishment actions whose personal service was not successful, who will receive notice via posting and mailing and may be affected by subsequent judgments.
• Plaintiffs/creditors pursuing garnishment, who must file the motion for posting, pay the $15 fee and mailing costs, arrange postings, and rely on the updated process to obtain a judgment of condemnation.

Key Provisions

• Authorization of service by posting and mailing of garnishment notices after service is returned not found or not accomplished, via verified motion and court order.
• Posting requirements: the clerk must post the notice on the court website and in the courthouse for four continuous weeks, with possible additional postings at other public locations for good cause; the last posting date must be at least five days before any condemnation judgment and must include case details and exemption rights (except in certain support cases).
• Mailing and timing: the clerk must mail a copy of the posted notice to the defendant at the last known address, and the service becomes effective 28 days after the first website posting.
• Fees and funding: a $15 court cost plus mailing costs are charged to the moving party; these costs may be taxed to the defendant; fees are remitted monthly to the Circuit Clerk's Judicial Administrative Fund; a waiver is possible if the amount subject to judgment is under $25.
• Scope and effective date: applies to garnishment proceedings under Chapter 6, Chapter 10, or the Alabama Rules of Civil Procedure; becomes law on the first day of the third month after passage.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Courts