Anniston, AL Law Firm Can Help Stop Wage Garnishment
Alabama Bankruptcy Attorneys Protect Clients From Garnishment
When someone falls behind on their bills, creditors will try to collect payment however they can. A court-ordered wage garnishment allows creditors to seize money directly from an individual’s paycheck to pay back a debt, but under federal and state law, only part of a check can be garnished each pay period. Wage garnishment is limited in Alabama to either 25 percent of an individual’s disposable earnings for the week or the amount that their weekly income exceeds 30 times the federal minimum wage of $7.25 per hour, whichever is less.
Wage Garnishment in Alabama
In Alabama, original creditors, debt buyers, and collection agencies can obtain judgments for unpaid debts and garnish wages in the state, and some creditors – such as the IRS and certain federal agencies – can garnish a debtor’s wages without taking legal action. Garnishing wages for current or past-due child support or certain required costs of health services for a child covered by the Alabama Medicaid Agency do not require a lawsuit or a judgment.
Alabama’s wage garnishment process typically does not start until a debtor has been sued in court for not paying a consumer debt they owe. If the creditor wins the lawsuit, a judgment will be issued, and they can begin to garnish the debtor’s wages by notifying the individual and their employer. The debtor is entitled to file a Motion to Stop Wage Garnishment form to try to protect their wages from garnishment. Alabama law allows low-income residents to protect at least $1,000 of their payment from garnishment each month.
Contact an Experienced Anniston, Alabama Bankruptcy Law Firm
Are you facing wage garnishment and looking for competent legal advice? Contact the Bond and Botes Law Offices online or call 1-877-581-3396 to schedule your free initial consultation with an experienced bankruptcy law firm today.