How to Enforce an Alabama Judgment When the Debtor Lives in a Different County

Alabama judgment enforcement involves District Court Clerks, County Sheriffs, and Probate Courts. A Certificate of Judgment creates a lien in the county where it is recorded, so record one in each county where you want the lien to attach. For wage or bank garnishment and execution outside the judgment county, confirm the filing and service route with the original and target county clerks; county procedures and fees vary.

Here's what to confirm for each tool across county lines.

Wage Garnishment: Confirm Filing and Service

To seek wage garnishment, file a Process of Garnishment (Form C-21) with the District Court Clerk and arrange service on the employer. If the employer is in a different county from the judgment, confirm with the original and target county clerks which office accepts the filing and how service is handled.

The filing uses Form C-21 and the garnishment provisions attachment (Form C-24A_C); Form C-24D, the exemption notice, must also be served on the debtor. The sheriff or a private process server serves the employer.

Fees vary by county; published county schedules show garnishment filing fees from $30 to $90, plus county-specific service fees. The employer withholds wages under the same federal and state caps (the lesser of 25% of disposable earnings or the amount by which weekly disposable earnings exceed 30 times the federal minimum wage) and, after an affirmative answer, remits them to the District Court Clerk for disbursement.

Bank Garnishment: Confirm Filing County and Service Contact

For bank garnishment, Form C-21 is served on the bank's registered agent or designated branch manager. Confirm the filing county and service contact with the District Court Clerk and the bank.

Post-judgment discovery under Rule 69, including written asset disclosure through Form C-58 or a court-ordered examination, can help identify the financial institution holding the account.

The bank freezes non-exempt funds on service and files its Garnishee's Answer (Form C-22) within 30 days. It cannot transmit funds until it files its answer and the court enters an order of condemnation. Federal benefits directly deposited in the prior two months are protected under the bank lookback rule.

Judgment Liens: Record in Every County Where the Debtor Owns Property

A judgment lien is created by recording a Certificate of Judgment in the Probate Court — and it only attaches to real property in the county where it's recorded. Under Alabama Code Section 6-9-211, the lien lasts 10 years from the judgment date.

If the debtor owns property in three counties, you need three separate recordings. Get a certified Certificate of Judgment from the District Court Clerk where the judgment was entered, then record it with the Probate Judge in each target county. Recording fees vary: Mobile County charges $5.50, Jefferson County charges $16 for the first page plus $3 per additional page, Cherokee County charges $13 for the first page plus $3 per additional page.

You don't need to know which county the debtor owns property in before you start. County Probate Court records are public — the grantor/grantee index shows real property deeds recorded in the debtor's name. Check the counties where the debtor has lived or done business.

Writ of Execution: Confirm the Local Sheriff's Process

A Writ of Execution (Form C-20) directs the sheriff to seize and sell non-exempt personal property. Give the sheriff specific instructions about the property's location and description. If the property is in another county, contact that county's sheriff and the District Court Clerk to confirm local filing, service, and deposit requirements.

Provide the sheriff with a specific description and location of the property to be levied upon. Ask the clerk or sheriff whether a certified copy is required and what advance deposit is needed for towing, storage, advertising, and sale costs.

Post-Judgment Discovery: Confirm Service and Hearing Details

Post-judgment discovery under Rule 69 begins with written interrogatories or requests for production filed with the District Court Clerk and served on the debtor; Form C-58 is a written asset-disclosure questionnaire. A court-ordered examination requires the debtor to appear and testify under oath. If the debtor now lives in another county, confirm service and hearing arrangements with the original court clerk.

If the debtor has moved out of state, you may need to register the Alabama judgment under the new state's Uniform Enforcement of Foreign Judgments Act or other foreign-judgment procedures before using that state's enforcement and discovery processes. Alabama Code Section 6-9-230 et seq. governs domesticating an out-of-state judgment in Alabama, not registering an Alabama judgment elsewhere.

Who This Is For

• You won an Alabama small claims judgment but the debtor's employer, bank, or property is in a different county
• The debtor moved after the lawsuit and you need to enforce in their new location
• You're trying to record judgment liens in multiple counties to cover all of the debtor's real property

Who This Is NOT For

• The debtor moved out of Alabama entirely — you'll need to domesticate the judgment in the new state, which is a separate legal process
• You're trying to enforce a judgment from another state in Alabama — that requires filing the foreign judgment under Alabama's domestication statute first
• The debtor disputes the judgment — a timely appeal goes to Circuit Court for a trial de novo within 14 calendar days. An appeal does not automatically stay execution; check for a court-approved supersedeas bond or cash security before proceeding.

What You Need Before Filing in Another County

For a judgment lien, obtain an official Certificate of Judgment from the District Court Clerk and record it with the Probate Court in each county where you want a lien. Ask the issuing clerk about the current charge and processing time for the certificate.

For garnishment or execution in another county, confirm the filing requirements with the relevant District Court Clerk and sheriff before sending documents. County procedures and fees vary.

The Alabama Judgment Collection guide details every cross-office workflow — including the multi-county judgment lien recording process and the certified-copy requirements — with the exact forms and fees for each step.

Frequently Asked Questions

Do I need to transfer or domesticate the judgment to enforce it in another Alabama county?

County procedures and fees vary. Before filing a garnishment or execution outside the judgment county, confirm filing and service steps with both District Court Clerks and the sheriff. To create a property lien in another county, record the Certificate of Judgment with that county's Probate Court.

Can I garnish wages if the employer is in another state?

If the debtor works for an out-of-state employer, you may need to register the Alabama judgment in that state under its foreign-judgment procedures before seeking garnishment under that state's laws.

What if the debtor owns property in a county I didn't record the lien in?

The lien only encumbers property in counties where it's recorded. If you discover additional property, record the Certificate of Judgment in that county as well. A lien lasts 10 years from the judgment date; if no execution is issued within 10 years, the judgment becomes dormant and may be revived within 20 years of entry.

Can the debtor challenge enforcement in a county where the judgment wasn't entered?

The debtor can claim exemptions in a garnishment or execution proceeding. A statutory appeal from a final small claims judgment goes to Circuit Court for a trial de novo within 14 calendar days. Filing an appeal does not automatically stay execution; a court-approved supersedeas bond or cash security is required.

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