Alabama Suggestion for Writ of Garnishment

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Multi-State
Control #:
US-00987
Format:
Word; 
Rich Text
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Description

This form is a Suggestion for a Writ of Garnishment. Plaintiff obtained a judgment against defendant and in the process of collection, the plaintiff requests that garnishment be placed on the property of the defendant to satisfy the judgment. Therefore, the court orders that a writ of garnishment be granted in favor of plaintiff.
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FAQ

A process of garnishment has been delivered to you. This means that a Court may order your wages, money in a bank, sums owed to you, or other property belonging to you, to be paid into Court to satisfy a judgment against you.

Limits on Wage Garnishment in Alabama While states are free to impose stricter limits, Alabama's law is similar to federal law. For consumer debts, creditors can't take more than 25% of your disposable earnings or any amount that exceeds 30 times the federal minimum wage, whichever is the lesser amount.

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. The judgment is on a debt or contract.

The Debt Collection Improvement Act authorizes federal agencies or collection agencies under contract with them to garnish up to 15% of disposable earnings to repay defaulted debts owed to the U.S. government.

Collect evidence showing how detrimental the wage garnishment is to your financial stability or how you qualify for an exemption. In either case, the creditor may agree to a solution that doesn't involve a garnishment, such as an adjustment payment plan or a settlement for a lump sum.

Federal law limits wage garnishments to 25% of your disposable income (15% for federal student loans) or the amount exceeding 30 times the federal minimum wage, whichever is less. Individuals with a child support order can garnish up to 65% of disposable earnings for child support.

How much of my paycheck can be garnished? Nothing, unless your take-home pay is at least $217.50 per week. Subtract from your gross income pay legally required deductions. ... If your take-home pay is more than that: No more than 25 percent of your pay can be garnished.

Wage garnishment laws in Alabama are basically the same as federal laws. ing to Alabama law, creditors can't take more than 25% of your weekly disposable earnings or they can't take an amount of your disposable income that exceeds 30 times the federal minimum hourly wage, whichever is less (Ala. Code § 6-10-7).

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Alabama Suggestion for Writ of Garnishment