David Wayne Moore v. Cherie Frances Capesius, now known as Cherie Capesius Ginn, and Executive Real Estate Management, Inc., now known as Ginn Professional Services, Inc.

Summary

The Supreme Court of Alabama reversed the Madison Circuit Court's order releasing a corporate garnishee from a wage garnishment. The court held that the judgment creditor timely demanded an oral examination under Ala. Code § 6-6-450 and was entitled to test the garnishee's assertions before the garnishment was released, remanding with instructions to permit that examination.

Holdings

1. EREM's amended answer substantially complied with the affidavit requirement of Ala. Code § 6-6-451 because it contained the necessary information and was signed by EREM's attorney of record, whose signature under Rule 11(a), Ala. R. Civ. P., provided the required assurance and protection.
2. The trial court erred by releasing EREM before allowing Moore to orally examine the garnishee because Moore timely demanded an oral examination within 30 days after the amended answer was filed.
3. The immediate release caused clear harm to Moore because it deprived him of the opportunity to test the sufficiency and accuracy of EREM's amended answer and affected his garnishment lien and the accounting of withheld funds.

Questions Presented

1. Whether EREM's motion to release the garnishment, treated as an amended answer to the garnishment, complied with the affidavit requirement of Ala. Code § 6-6-451.
2. Whether the trial court erred by releasing EREM before allowing Moore to timely demand and conduct an oral examination under Ala. Code § 6-6-450.
3. Whether the trial court's immediate release of the garnishment improperly deprived Moore of the opportunity to test EREM's factual assertions and investigate the application of the garnishment to a successor entity.

Disposition

reversed_and_remanded