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Alabama Motion to Stop Wage Garnishment with Declaration and Claim of Exemption for Wages

State:
Alabama
Control #:
AL-PS-20
Format:
PDF
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This official form is a motion to stop wage garnishment with declaration and claim of exemption for wages.
The Alabama Motion to Stop Wage Garnishment with Declaration and Claim of Exemption for Wages is a legal document used to stop the garnishment of wages by a creditor. This motion is filed in the Circuit Court of the county where the debtor resides. It includes a declaration of the debtor's wages and an exemption claim for a portion of those wages. The debtor must prove that they meet the criteria for exemption set out in Alabama law. There are two types of Alabama Motion to Stop Wage Garnishment with Declaration and Claim of Exemption for Wages: 1. The Head of Household Exemption — This type of exemption may be claimed if the debtor is the head of their household and earns less than $750 per week or $3150 per month. 2. The Social Security Benefits Exemption — This type of exemption may be claimed if the debtor is receiving Social Security benefits and their wages are below $750 per week or $3150 per month. The Alabama Motion to Stop Wage Garnishment with Declaration and Claim of Exemption for Wages must be completed and filed in court in order for it to be effective. Once it is filed, a hearing will be scheduled to determine whether the debtor is eligible for the exemption. If the court finds that the debtor is eligible, the garnishment of wages will be stopped.

The Alabama Motion to Stop Wage Garnishment with Declaration and Claim of Exemption for Wages is a legal document used to stop the garnishment of wages by a creditor. This motion is filed in the Circuit Court of the county where the debtor resides. It includes a declaration of the debtor's wages and an exemption claim for a portion of those wages. The debtor must prove that they meet the criteria for exemption set out in Alabama law. There are two types of Alabama Motion to Stop Wage Garnishment with Declaration and Claim of Exemption for Wages: 1. The Head of Household Exemption — This type of exemption may be claimed if the debtor is the head of their household and earns less than $750 per week or $3150 per month. 2. The Social Security Benefits Exemption — This type of exemption may be claimed if the debtor is receiving Social Security benefits and their wages are below $750 per week or $3150 per month. The Alabama Motion to Stop Wage Garnishment with Declaration and Claim of Exemption for Wages must be completed and filed in court in order for it to be effective. Once it is filed, a hearing will be scheduled to determine whether the debtor is eligible for the exemption. If the court finds that the debtor is eligible, the garnishment of wages will be stopped.

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Ask the Court to Stop or Reduce a Wage Garnishment. Wage garnishment is a court procedure where a court orders a debtor's employer to hold the debtor's earnings in order to pay a creditor.Copy the information required above from the Earnings Withholding Order. 060 Execution of writ of attachment: Manner in which property is to be attached. The court may enter an order directing the employer to begin withholding wages in the future when the debtor is earning more than the exemption amount. The court may enter an order directing the employer to begin withholding wages in the future when the debtor is earning more than the exemption amount. At the end of a trial the judge or jury will make a decision. You may have to pay the court to make copies of this form after the clerk signs it. If the creditor did file the papers on time, then the court holds a hearing on your claim of exemption. In some cases, you can stop wage garnishment, because you are exempt from having your wages garnished.

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Alabama Motion to Stop Wage Garnishment with Declaration and Claim of Exemption for Wages