Fill and Sign the Form C 24d Rev

State of Alabama Unified J udicial System For m C-24D Rev. 7/2017 NOTICE TO DEFENDANT OF RIGHT TO CLAIM EXEMPTION FROM GARNISHMENT Court Case Number IN THE ___________________________COURT OF _______________________________COUNT\ Y, ALABAMA ___________________________________________ v. _________________________\ ______________________________ Plaintiff (Person Asserting Claim) : Defendant (Person Whose Property is Subject to Garnishment): Address: ___________________________________ Address: _____________________________________________ A process of garnis hment has been delivered to you. This means that a Court may order your wages, m oney in a bank, s ums owned 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 som e c ircumstances certain money and property may not be tak en to pay certain types of court judgments , because c ertain money or property may be “exempt” from garnishment. For example, under State law, in some circum stances, up to $7,500.00 in personal property, including money (except wages, s alaries, or other c ompensation), bank accounts, automobiles, appliances, etc ., m ay be exempt from pr ocess of garnishment. Sim ilarly, under Federal law, c ertain benefits and certain welfare payments may be ex empt from garnishment. B enefits and payments ordinarily exem pt from gar nishment inc lude, for exam ple, Social Sec urity payments, SSI payments, veteran’s benefits, AFDC (welfare) payments, unem ployment c ompensation payments, and workers' c om pensation payments. THESE EXAMPLES A RE FOR PURPOSE OF ILLUSTRATION ONLY . WHETHER YOU WILL BE E NTITLED TO CLAIM ANY EXEMPTION FROM THE PROCESS OF GARNISHMENT, AND, IF SO, WHA T PROPERTY MAY BE EXEMPT, WILL BE DETERMINED BY THE FACTS IN YOUR PARTICULA R CASE. IF YOU ARE UNCERTAIN AS TO YOUR POSSIBLE EXEMPTION RIGHTS, YOU SHOULD CONSULT A LAWY ER FOR ADVICE. TO CLA IM ANY EX EM PTION THAT M AY BE AVA ILABLE TO Y OU, YOU MUS T PREP ARE A “CLA IM OF E XEMPTION” FORM LIS TING 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 RESPONS IBILITY TO MAIL OR DELIVER A COPY OF THE CLAIM OF EXEM PTION TO THE PLA INTIFF WHO HAS A JUDGMENT AGAINST YOU. YOU MUST INDICATE ON THE CLAIM OF E XEMPTION THA T Y OU 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 GIV E Y OU LEGAL A DVICE . IF YOU NEED ASSISTANCE, YOU SHOULD S EE A LAWY ER. 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 garnishm ent. 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 THA T YOU A CT PROMPTLY . IF YOU HAVE A NY QUESTIONS, YOU SHOULD CONSULT A LAWYE R. NOTE: This form must be included with any locally-generated “Process of Garnishment” form. (Circuit or District) (Name of County) ________________________________________________ ____________________________________________________________ City State Zip Code City State Zip Code Telephone Number: _________________________ Telephone Number: ___________________________________