Wage Garnishment in Alabama
How much of your paycheck can be garnished in Alabama and how to claim an exemption.
Short answer: 75% of wages are exempt from garnishment for ordinary debts, so no more than 25% can be withheld. For debts from a consumer credit transaction (consumer loans and credit sales), garnishment is limited to the lesser of 25% of weekly disposable earnings or the amount above 30 times the… Ala. Code § 6-10-7; § 5-19-15
| Wage garnishment limit | 75% of wages are exempt from garnishment for ordinary debts, so no more than 25% can be withheld. For debts from a consumer credit transaction (consumer loans and credit sales), garnishment is limited to the lesser of 25% of weekly disposable earnings or the amount above 30 times the federal minimum hourly wage, and wages cannot be garnished before judgment. § 5-19-15: https://alison.legislature.state.al.us/code-of-alabama?section=5-19-15 Source: Ala. Code § 6-10-7; § 5-19-15 |
|---|---|
| Claiming an exemption | When money or personal property is garnished, the debtor files a written claim of exemption, sworn under oath, in the court where the case is pending, with a statement listing the property, its location and value. If the debtor has notice of the garnishment, the claim must be filed before the court enters a judgment of condemnation (the order releasing the money to the creditor). When property is levied on, the claim can be filed with the levying officer any time before the sale; if the creditor does not contest within 10 days after notice, the levy is discharged. § 6-10-26: https://alison.legislature.state.al.us/code-of-alabama?section=6-10-26. Notice of the garnishment must be served at least 5 days before any judgment of condemnation. Source: Ala. Code §§ 6-10-37, 6-10-26 |
Where to get help in Alabama
More Alabama debt & collections
- Statute of Limitations on Debt in Alabama
- How to Respond to a Debt Collection Lawsuit in Alabama
- What Creditors Can't Take in Alabama
- All Alabama debt & collections rules
FAQ
How much of my wages can be garnished in Alabama?
75% of wages are exempt from garnishment for ordinary debts, so no more than 25% can be withheld. For debts from a consumer credit transaction (consumer loans and credit sales), garnishment is limited to the lesser of 25% of weekly disposable earnings or the amount above 30 times the federal minimum hourly wage, and wages cannot be garnished before judgment.
How do I stop a garnishment or claim an exemption in Alabama?
When money or personal property is garnished, the debtor files a written claim of exemption, sworn under oath, in the court where the case is pending, with a statement listing the property, its location and value. If the debtor has notice of the garnishment, the claim must be filed before the court enters a judgment of condemnation (the order releasing the money to the creditor). When property is levied on, the claim can be filed with the levying officer any time before the sale; if the creditor does not contest within 10 days after notice, the levy is discharged.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.