In the District Court of ______ County, Alabama

IN THE DISTRICT COURT OF _____________ COUNTY, ALABAMA

________________________________, )

)

Plaintiff, )

)

v. ) Civil Action No. _________

)

_________________________________, )

)

Defendant. )

MOTION TO DISMISS WRIT OF GARNISHMENT

Defendant, ______________________, moves to dismiss the Writ of Garnishment issued by the Clerk of this Court on _________________ against ___________________ Bank for the following reasons:

1. The only account at _________________ Bank with _____________________’s name on it is Account Number ___________________. This Bank Account is owned by ___________________________, who is the mother of Defendant, _______________________. Defendant’s name is on the account so that she can assist her mother in paying bills.

2. No funds in the account belong to Defendant, _____________________.

3. The only funds in the account are Social Security funds and Veteran’s benefit funds of her mother, __________________.

4. All facts are verified in the affidavit of Defendant ____________________ which is attached to this motion, marked Exhibit “A” and incorporated herein by reference.

5. Joint accounts are garnishable to the extent of ownership of the debtor, and where evidence establishes that the judgment debtor does not own the funds in the account, the Writ of Garnishment is due to be dismissed. House v. Malcolm Thomas Industries, Inc. (Ala.Civ.App. 1992).

6. Social Security benefits are exempt under the provisions of 42 U.S.C. §§ 407(a) and 1383(d)(1).

IN THE DISTRICT COURT OF _____________ COUNTY, ALABAMA

________________________________, )

)

Plaintiff, )

)

v. ) Civil Action No. _________

)

_________________________________, )

)

Defendant. )

AFFIDAVIT

COUNTY OF ____________ ]

]

STATE OF ALABAMA ]

Before me, a Notary Public in and for said County in said State , personally appeared _________________________________, who being known by me and by me first duly sworn, deposes and says as follows:

My name is __________________________________. I am an adult of sound mind and I am the defendant in this action to collect a debt. My Social Security Account Number is _______________ and my date of birth is ___________________. I do not have a personal account for my own use at ____________________ Bank. My name is on the account of my mother, ________________________, a/k/a _________________________ at Regions Bank, Account Number ___________________, however all funds in this account belong to my mother and are not my funds. My mother’s Social Security Account Number is _______________ and her date of birth is ________________. My mother is ________________ and is in poor health, and asked that my name be placed on her account for the purpose of assisting her in paying her bills when she is unable to do so. The only funds in this account are my mother’s Social Security funds, which are exempt under the provisions of 42 U.S.C. §§ 407(a) and 1383(d)(1); and my mother’s Veteran’s benefits which are exempt under the provisions of 38 U.S.C. § 3101.

_____________________________

Sworn to and subscribed before me, this _______ day of _________________, 200____.

_____________________________

NOTARY PUBLIC

My Commission Expires:______________________

7. Veteran’s benefits are exempt under the provisions of 38 U.S.C. § 3101.

______________________________

CERTIFICATE OF SERVICE

I hereby certify that I have served a copy of the above and foregoing on ______________________, Attorney for Plaintiff, by mailing a copy of the same, postage prepaid, first class mail, to his mailing address at _____________________________________ on this ______ day of ______________, 200____.

______________________________

12 Mtn Dismiss Writ Garn and Aff - funds other per