Wage Garnishments in Alabama

In most situations, someone must have sued you and received a judgment against you before they can garnish your wages. The exceptions to this are debts such as unpaid income taxes, child support and other debts to the government.

You and your employer will receive a notice of a wage garnishment from the Court. Your employer has up to a month to answer this notice and start taking money out of your paycheck, but they do not have to wait a month.

Unless your weekly take-home pay is at least $217.50, your wages cannot be garnished. If your wages are greater than this amount, no more than 25% can be garnished and after the garnishment you must still have at least $217.50. If 25% would leave you with less than this, the garnishment must be reduced until you are left with $217.50 in weekly take-home pay.

Again, there are a few exceptions to this when the garnishments are for child support and other similar debts. Child support garnishments can sometimes be as much as 60%.

You may be able to stop a garnishment by filing a claim of exemptions. This will only stop the garnishment if you have very little income and property, the judgment is on a contract or some other debt that allows exemption.

Once you file a claim of exemptions, the Court will give the creditor 13 days to challenge your exemption. The garnishment will continue until the Court grants your exemption or you receive a special order.

You can also stop a wage garnishment by filing for bankruptcy or getting the creditor to release the garnishment.

A creditor can serve garnishment papers on anyone who owes you money and garnish your bank account.

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