Alabama Post-Judgment Discovery: How to Find a Debtor's Assets
You can't garnish what you can't find. The biggest obstacle to collecting an Alabama judgment isn't the legal process — it's figuring out where the debtor works, where they bank, and what they own. Alabama gives judgment creditors three legal tools to uncover this information.
Tool 1: Written Interrogatories (Rule 69 Discovery)
Under ARCP Rule 69, adapted for District Court practice, you can file written post-judgment interrogatories with the District Court Clerk and serve them on the debtor. These are formal questions the debtor must answer under oath.
You can ask about:
- Current employer's legal name and address
- Bank account numbers and financial institutions
- Real property owned (with county and address)
- Vehicles and titled personal property
- Other sources of income
- Tax return information
The debtor is legally required to respond. The interrogatories force disclosure of information that the debtor would never volunteer.
Tool 2: Form C-58 (Notice of Reference and Questionnaire)
Alabama's AOC provides Form C-58, a standardized post-judgment questionnaire specifically designed for this purpose. It's a structured version of the Rule 69 interrogatories — a fill-in-the-blank form that asks the debtor to list their assets, income, employment, and financial accounts.
File Form C-58 with the District Court Clerk. The clerk serves it on the debtor, who must complete and return it within the timeframe specified by the court.
Form C-58 is often the simplest starting point because it's a pre-formatted AOC document that clerks are familiar with. No need to draft custom interrogatories from scratch.
Tool 3: Debtor Examination (Oral Testimony Under Oath)
If written discovery doesn't produce useful information — the debtor gives vague answers or ignores the questions entirely — you can escalate to a debtor examination.
File a Motion for Post-Judgment Examination under Rule 69 with the District Court. If the judge approves, the court issues an order commanding the debtor to appear at the courthouse and testify under oath about their assets.
At the examination, you can ask detailed follow-up questions that written interrogatories can't cover. You can probe specific answers, ask about transfers of property, and pin down exact account numbers and balances.
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What If the Debtor Doesn't Show Up
If a debtor properly served with an examination order fails to appear, you file a Motion for Contempt / Show Cause Order (Form C-16). The court holds a hearing. If the judge finds willful contempt, the judge — and only the judge — can issue an attachment for the debtor's arrest to compel a court appearance.
You cannot threaten the debtor with jail yourself. You cannot issue a warrant. The contempt process runs through the court.
Public Record Research
Before or alongside formal discovery, check public records yourself:
- Alabama Secretary of State: Look up business entity registrations to verify if the debtor owns or operates a business
- County Probate Court records: Grantor/grantee indexes show real property deeds, mortgages, and existing liens
- Alabama Department of Revenue title records: Verify vehicle registration and ownership
These searches are free or low-cost and can give you a head start on identifying assets before you spend money on formal discovery.
Subpoenas for Third-Party Records
If you need records from the debtor's bank, employer, or other third party, request a Subpoena Duces Tecum (Form C-12) from the clerk. This compels the third party to produce specific financial documents. Banks, for example, can be subpoenaed to disclose account balances and transaction history.
Putting Discovery to Work
Asset discovery is the bridge between having a judgment and collecting on it. Once you know where the debtor works and banks, you can file targeted garnishments with confidence instead of guessing.
The Alabama Judgment Collection Guide includes a complete asset discovery workflow — from public record searches through Form C-58 to debtor examinations — and connects each discovery result to the right enforcement tool.
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