Alabama Form C-21 is the Process of Garnishment used by a judgment creditor to redirect a debtor’s wages or bank funds toward an unpaid judgment. You download the current (October 2023) revision from the Alabama Administrative Office of Courts e-forms site, fill in the party and judgment details, sign the built-in affidavit before a notary, and file it with the clerk of the court that entered the judgment. The statutory filing fee is $28.1Alabama Legislature. Alabama Code 12-19-75 – Circuit and District Court Costs in Civil Cases
Make Sure You Can Garnish First
Form C-21 is only available to a plaintiff (or an assignee) who already holds a final money judgment on which execution can issue. Alabama Code § 6-6-390 sets that baseline, and pre-judgment garnishment requires a showing of “extraordinary circumstances,” so almost everyone filing C-21 is doing so after judgment.2Alabama Legislature. Alabama Code 6-6-390 – When Process of Garnishment May Issue
Age of the judgment matters too. A judgment is presumed satisfied ten years after entry or the last execution on it, and it cannot be revived at all after twenty years.3Alabama Legislature. Alabama Code 6-9-190 – Revival Barred After 20 Years AlaFile will block an electronic garnishment filing on any case older than ten years, so if your judgment is close to that line you need to move or consider revival.4Alabama Judicial System. AlaFile Garnishment Tutorial
What You Need Before You Fill It Out
Form C-21 is a single page, front and back, with the affidavit built into the bottom half. Pull these together before you start:
- Full legal name and current mailing address for the plaintiff, the defendant, and the garnishee.
- The name of the court that entered the judgment, the case number, and the date of entry.
- An itemized amount still owed: remaining principal, any accrued interest Alabama law permits, and court costs from the original case. The clerk will check your numbers against the court’s own records, so an itemized breakdown saves rework.
Naming the garnishee is where most filings go wrong. Use the bank’s full legal name as registered with the state, not a marketing brand or branch name, and for a wage garnishment confirm the exact legal entity that issues the debtor’s paycheck. A trade name or a misspelled entity may not reach the funds you are trying to catch.
Sign the Affidavit in Front of a Notary
The lower half of C-21 is a sworn affidavit, and Alabama Code § 6-6-391 requires the plaintiff, the plaintiff’s agent, or the plaintiff’s attorney to swear it before an officer authorized to administer oaths. For most filers that means a notary public.5Alabama Legislature. Alabama Code 6-6-391 – Affidavit of Amount Due Plaintiff
The affidavit must state the amount the defendant still owes you, that you believe garnishment is necessary to collect on the judgment, and that you believe the garnishee is indebted to the defendant or holds the defendant’s money or property. The form itself provides signature lines for the affiant or attorney and a notary block.6Alabama Unified Judicial System. Alabama Form C-21 – Process of Garnishment An unsworn affidavit is grounds for dismissal, so get the signature and seal before you walk into the clerk’s office or hit submit.
Filing With the Clerk
File the completed form with the clerk of the court that entered the original judgment. You have two paths.
Electronic filing through AlaFile. AlaFile is the Alabama courts’ web-based e-filing system and is open around the clock to registered users. You need an existing account with a registered email and password. The system will not accept the filing if a stay of execution or an appeal has been entered on the case, or if the underlying case is more than ten years old; in those situations you have to file in person.7AlaFile. AlaFile User Manual4Alabama Judicial System. AlaFile Garnishment Tutorial The AlaFile garnishment tutorial walks through the e-filing screens step by step.
In person. Bring the original and any required copies to the circuit clerk’s office. The clerk reviews the paperwork for completeness and assigns a tracking number on the spot.
Either way, the statutory garnishment filing fee is $28.1Alabama Legislature. Alabama Code 12-19-75 – Circuit and District Court Costs in Civil Cases If the sheriff serves the writ, expect a separate service-of-process fee on top. Once the clerk accepts payment and stamps the documents, your garnishment is a live court order.
Serving the Writ and Notifying the Debtor
After filing, the clerk issues the formal writ of garnishment. A sheriff or private process server physically delivers the writ to the garnishee, and that delivery is what creates the garnishee’s legal obligation to respond. Without proper service, the order has no teeth.
The defendant also has to receive written notice. Alabama Code § 6-6-394 requires notice when the defendant resides in the state, telling the debtor the garnishment has been filed and explaining how to claim exemptions. That notice must be served at least five days before any judgment of condemnation can be entered.8Alabama Legislature. Alabama Code 6-10-37 – Contest of Exemption Claim Skip this step and the garnishment can be overturned.
The process server then files a return of service with the clerk confirming that both the garnishee and the defendant were served.
What the Garnishee Does Next
Once served, the garnishee has thirty days to complete and return a written answer on Form C-22, stating whether it holds any of the debtor’s money and, if so, how much.6Alabama Unified Judicial System. Alabama Form C-21 – Process of Garnishment
If the answer confirms the garnishee holds the debtor’s money, the court moves toward a final judgment of garnishment authorizing transfer of the withheld funds to the clerk for distribution to you. On a wage garnishment, the employer withholds the allowable amount from each paycheck and remits it to the court, continuing across pay periods until the full judgment amount, interest, and costs are satisfied.9Alabama Department of Revenue. Garnishments On a bank account, the garnishee typically freezes the non-exempt balance up to the judgment amount as a one-time action and does not continue freezing new deposits unless a new garnishment order is served.10eCFR. Garnishment of Accounts Containing Federal Benefit Payments
Expect the debtor to assert exemptions, and plan for less than a full payout. Federal law caps wage withholding at the lesser of 25 percent of disposable earnings or the amount by which weekly disposable earnings exceed 30 times the federal minimum wage.11U.S. Department of Labor. Fact Sheet 30: Wage Garnishment Protections of the Consumer Credit Protection Act Alabama’s constitution lets the debtor ask the court to shield at least $1,000 of their paycheck through a sworn, written claim filed before condemnation, and you then have roughly ten days to contest.8Alabama Legislature. Alabama Code 6-10-37 – Contest of Exemption Claim Bank accounts containing Social Security, VA, or other federal benefit deposits get an automatic protected amount under 31 CFR Part 212 that the bank calculates without any filing by the account holder.10eCFR. Garnishment of Accounts Containing Federal Benefit Payments
Where To Get the Form
The current revision of Form C-21 (revised October 2023) is a free download from the Alabama Administrative Office of Courts e-forms site at eforms.alacourt.gov under “Civil Forms — Garnishments.”12Alabama Administrative Office of Courts. Civil Forms – Garnishments The same page carries companion forms you may encounter, including Form C-22, the garnishee’s answer,13Alabama Unified Judicial System. Alabama Form C-22 – Garnishee’s Answer and Form PS-20, the debtor’s motion to stop wage garnishment under the Alabama Constitution.14Alabama Unified Judicial System. Motion to Stop Wage Garnishment Printed copies are also available at your local circuit clerk’s office.