Alabama Official Form - Notice to Defendant of Right to Claim Exemption from Garnishment.
Alabama Notice To Defendant of Right To Claim Exemption From Garnishment
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Description Claim Of Exemption Wage Garnishment Alabama
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FAQ
A Claim of Exemption is a form a debtor files with the levying officer (like the sheriff or marshal) explaining why the property or money that the creditor wants to take should be exempt (excluded). There are laws and rules that say which types of income or property are exempt.
TO CLAIM ANY EXEMPTION THAT MAY BE AVAILABLE TO YOU, YOU MUST PREPARE A "CLAIM OF EXEMPTION" FORM LISTING ON IT ALL YOUR WAGES AND PERSONAL PROPERTY; HAVE THE CLAIM OF EXEMPTION NOTARIZED; AND FILE IT IN THE CLERK=S OFFICE.
The exempt benefits are typically funds received from the government for a specific reason. For example, Veteran's Assistance benefits, Social Security, Workers' Compensation, Unemployment and Disability are benefits that cannot be seized in order to pay off outstanding debts.
The court order is called a garnishment. What's important to know is that federal benefits ordinarily are exempt from garnishment. That means you should be able to protect your federal funds from being taken by your creditors, although you might have to go to court to do so.
Respond to the Creditor's Demand Letter. Seek State-Specific Remedies. Get Debt Counseling. Object to the Garnishment. Attend the Objection Hearing (and Negotiate if Necessary) Challenge the Underlying Judgment. Continue Negotiating.
Funds Exempt from Bank Account Garnishment Social Security, and other government benefit, or payments. Monies received for child support or alimony (spousal support) Workers' compensation payments. Retirement funds, such as those from pensions or annuities.
District Court in the county in which the defendant lives or has an office. File a Statement of Claim (Complaint) form with the Clerk. A filing fee must be paid at the time of filing. Contact the Clerk for the amount of the filing fee.
Alabama law limits the amount that judgment creditors can garnish from your wages. A wage garnishment, sometimes called a wage attachment, is an order requiring your employer to withhold a certain amount of money from your pay and send it directly to one of your creditors.
You may be able to stop it by filing a claim of exemptions. This usually works if: You have bring home less than $1,000 per paycheck. For a form declaration of exemptions that you can fill in and file yourself, see the Motion to Stop Wage Garnishment (with Declaration and Claim of Exemption for Wages).