Stop Wage Garnishment in Alabama

Edited by Hannah Locklear

If you owe money to a creditor in Alabama, you don’t want to end up on the receiving end of a debt lawsuit. Alabama has some of the strictest wage garnishment laws in the nation, and a creditor who wins a judgment against you can take a considerable portion of your pay until you satisfy your debt.

You don’t want to fork over your earnings to a creditor, so it’s best to resolve the claim before it ends in a judgment against you. In this article, explain how the wage garnishment laws work in Alabama and what you can do to protect yourself.

Avoid wage garnishment through debt settlement.

In Alabama, creditors garnish 25% of your earnings

The federal government sets general wage garnishment limitations that states can adopt.

Some states choose wage garnishment limitations that differ from the national guidelines to give more leeway to debtors facing financial challenges. However, Alabama prescribes federal rules, making it one of the harsher states for individuals facing wage garnishment.

Under Ala. Code § 5-19-15, creditors who win a judgment against you and decide to garnish your wages can seize the lesser of:

• 25% of your weekly disposable earnings.
• The amount your disposable earnings exceed 30 times the federal minimum hourly wage of $7.25.

Your disposable earnings equal your remaining salary after mandatory withholdings, like taxes. However, Alabama does not consider voluntary deductions like health and life insurance premiums to be required withholdings, so they’re part of your disposable earnings.

Let's consider an example to see how much you may pay in an Alabama wage garnishment.

Wage garnishment can be very costly, and it is something you’ll want to avoid so you can continue to pay for other things you need, like shelter and transportation.

Protect yourself from an Alabama wage garnishment

If your creditors tire of you not paying your debts, they’ll eventually sue you. A debt collection lawsuit is a serious matter and not something you’ll want to ignore. If a creditor wins its claim, it will collect a judgment it can use to start the Alabama wage garnishment process.

You’ll know a creditor is suing you when you receive a court Summons and a Complaint. Your Summons will list the place and time of your hearing with the judge and your creditor. The Complaint will list the reasons for the lawsuit, including nonpayment of debt. It will also contain information about your obligation, like the total amount owed and your account number.

You should review the Complaint for any discrepancies that don’t match your records. For instance, if the lawsuit amount differs from what you believe you owe, you’ll want to note that. You can list that defense in your Answer, which you’ll send to the court and your creditor.

An Answer lists your defenses to the lawsuit if you have any. For instance, you might claim that the debt is past the statute of limitations or that the creditor didn’t correctly validate it.

If you don’t have any defense that applies to your case, you’ll still want to file an Answer. The Answer prevents the judge from granting a default judgment against you without hearing your side of the story. If nothing else, you’ll be able to have your say.

Watch the following video for ins and outs of writing an Answer in a debt lawsuit claim.

Avoid wage garnishment through debt settlement

Once you draft your Answer and send it to the court and your creditor, you’ll need to decide how to resolve the legal claim. You have two options: repaying the debt or attempting to settle it. A third option — declaring bankruptcy — is also available, but you should only consider it if your financial circumstances are genuinely hopeless.

If you repay the debt, you’ll halt the lawsuit against you and say sayonara to your creditor. Your creditor must drop its legal claims since there’s nothing to sue you for. You won’t have to worry about wage garnishment and can move on from a tricky situation.

However, you might not have the money to repay the entire debt. In that case, debt settlement is the better alternative. In a debt settlement, you offer your creditor a portion of the amount it’s suing you for in a single payment. In return, it agrees to release you from the remaining debt and stop the lawsuit.

You’ll need to offer a decent amount if you want your creditor to take you seriously. Ideally, at least 60% of the debt’s value is a reasonable starting point. The creditor will decide whether your offer beats the costs of recovering the entire amount through the courts.

Want help settling your Alabama debt? SoloSettle is ready to come to your rescue — try it today!

Check out this video to learn more about how to settle your debt in Alabama:

Stop wage garnishment in Alabama with a claim of exemption

If your wages are being garnished in Alabama and you can’t afford to pay your basic living expenses, you can fill out a Declaration and Claim of Exemption for Wages to officially ask the court to protect your paycheck.

When the court grants a claim of exemption in Alabama, the plaintiff can no longer take money from your paycheck. However, note that you will still owe the judgment and they can collect the money in other ways.

Don’t let Alabama creditors take over your earnings

Just because a creditor is suing you doesn’t mean it will win — especially if you protect yourself. Write your Answer, then proceed to either repay or settle your debt. Once you resolve the issue, you won’t need to worry about wage garnishment anymore.

Do you need help drafting an Answer? SoloSuit’s Debt Answer template eases the process.

What is SoloSuit?

SoloSuit makes it easy to fight debt collectors.

You can use SoloSuit to respond to a debt lawsuit, to send letters to collectors, and even to settle a debt.

SoloSuit's Answer service is a step-by-step web-app that asks you all the necessary questions to complete your Answer. Upon completion, we'll have an attorney review your document and we'll file it for you.

>>Read the FastCompany article: Debt Lawsuits Are Complicated: This Website Makes Them Simpler To Navigate

>>Read the NPR story on SoloSuit. (We can help you in all 50 states.)

How to answer a summons for debt collection in your state

Here's a list of guides for other states.

All 50 states.

• Alabama
• Alaska
• Arizona
• Arkansas
• California
• Colorado
• Connecticut
• Delaware
• Florida
• Georgia
• Hawaii
• Idaho
• Illinois
• Indiana
• Iowa
• Kansas
• Kentucky
• Louisiana
• Maine
• Maryland
• Massachusetts
• Michigan
• Minnesota
• Mississippi
• Missouri
• Montana
• Nebraska
• Nevada
• New Hampshire
• New Jersey
• New Mexico
• New York
• North Carolina
• North Dakota
• Ohio
• Oklahoma
• Oregon
• Pennsylvania
• Rhode Island
• South Carolina
• South Dakota
• Tennessee
• Texas
• Utah
• Vermont
• Virginia
• Washington
• West Virginia
• Wisconsin
• Wyoming

Guides on how to beat every debt collector

Being sued by a different debt collector? Were making guides on how to beat each one.

• Absolute Resolutions Investments LLC
• Accredited Collection Services
• Alliance One
• Amcol Clmbia
• American Recovery Service
• Asset Acceptance LLC
• Asset Recovery Solutions
• Associated Credit Services
• Autovest LLC
• Cach LLC
• Cavalry SPV I LLC
• Cerastes LLC
• Colinfobur
• Covington Credit
• Crown Asset Management
• CTC Debt Collector
• Cypress Financial Recoveries
• Delanor Kemper & Associates
• Eagle Loan of Ohio
• Educap
• Estate Information Services
• FIA Card Services
• Forster & Garbus
• Freshview Solutions
• Fulton Friedman & Gullace LLP
• Harvest Credit Management
• Howard Lee Schiff
• Hudson & Keyse LLC
• Integras Capital Recovery LLC
• Javitch Block
• Jefferson Capital Systems LLC
• LVNV Funding
• Mannbracken
• Mariner Finance
• Medicredit
• Michael J Adams PC
• Michael J Scott
• Midland Funding LLC
• Mullooly, Jeffrey, Rooney & Flynn
• Mountain Land Collections
• MRS Associates
• National Collegiate Trust
• Nationstar Foreclosure
• Northstar Capital Acquisition
• NCEP LLC
• NRC Collection Agency
• OneMain Financial
• Palisades Collection LLC
• Pallida LLC
• Paragon Revenue Group
• Pinnacle Collections Agency
• PMAB LLC
• Portfolio Recovery Associates
• Provest Law
• PYOD LLC
• Reunion Student Loan Finance Corporation
• Revenue Group
• Regents and Associates
• RSIEH
• Salander Enterprises LLC
• Second Round Sub LLC
• Security Credit Services
• Sherman Financial Group
• Suttell and Hammer
• T-Mobile
• Transworld Systems
• Tulsa Teachers Credit Union
• UCB Collection
• Velo Law Office
• Velocity Investments
• Waypoint Resource Group
• Weinberg and Associates
• Wolpoff & Abramson

Win against credit card companies

Is your credit card company suing you? Learn how you can beat each one.

• Bank of America
• Capital One
• Chase
• Credit One Bank
• PayPal Synchrony Card
• SYNCB/PPEXTR
• Synchrony Bank
• Target National Bank
• Wells Fargo

Going to Court for Credit Card Debt — Key Tips

How to Negotiate Credit Card Debts

How to Settle a Credit Card Debt Lawsuit — Ultimate Guide

Get answers to these FAQs

Need more info on statutes of limitations? Read our 50-state guide.

Why do debt collectors block their phone numbers?

How long do debt collectors take to respond to debt validation letters?

What are the biggest debt collector companies in the US?

Is Zombie Debt Still a Problem in 2019?

SoloSuit FAQ

If a car is repossessed, do I still owe the debt?

Is Portfolio Recovery Associates Legit?

Is There a Judgment Against Me Without my Knowledge?

Should I File Bankruptcy Before or After a Judgment?

What is a default judgment?— What do I do?

Summoned to Court for Medical Bills — What Do I Do?

What Happens If Someone Sues You and You Have No Money?

What Happens If You Never Answer Debt Collectors?

What Happens When a Debt Is Sold to a Collection Agency

What is a Stipulated Judgment?

What is the Deadline for a Defendants Answer to Avoid a Default Judgment?

Can a Judgement Creditor Take my Car?

Can I Settle a Debt After Being Served?

Can I Stop Wage Garnishment?

Can You Appeal a Default Judgement?

Do I Need a Debt Collection Defense Attorney?

Do I Need a Payday Loans Lawyer?

Do student loans go away after 7 years? — Student Loan Debt Guide

Am I Responsible for My Spouses Medical Debt?

Should I Marry Someone With Debt?

Can a Debt Collector Leave a Voicemail?

How Does Debt Assignment Work?

What Happens If a Defendant Does Not Pay a Judgment?

How Does Debt Assignment Work?

Can You Serve Someone with a Collections Lawsuit at Their Work?

What Is a Warrant in Debt?

How Many Times Can a Judgment be Renewed in Oklahoma?

Can an Eviction Be Reversed?

Does Debt Consolidation Have Risks?

What Happens If You Avoid Getting Served Court Papers?

Does Student Debt Die With You?

Can Debt Collectors Call You at Work in Texas?

How Much Do You Have to Be in Debt to File for Chapter 7?

What Is the Statute of Limitations on Debt in Washington?

How Long Does a Judgment Last?

Can Private Disability Payments Be Garnished?

Can Debt Collectors Call From Local Numbers?

Does the Fair Credit Reporting Act Work in Florida?

The Truth: Should You Never Pay a Debt Collection Agency?

Should You Communicate with a Debt Collector in Writing or by Telephone?

Do I Need a Debt Negotiator?

What Happens After a Motion for Default Is Filed?

Can a Process Server Leave a Summons Taped to My Door?

Learn More With These Additional Resources:

Need help managing your finances? Check out these resources.

How to Make a Debt Validation Letter - The Ultimate Guide

How to Make a Motion to Compel Arbitration Without an Attorney

How to Stop Wage Garnishment — Everything You Need to Know

How to File an FDCPA Complaint Against Your Debt Collector (Ultimate Guide)

Defending Yourself in Court Against a Debt Collector

Tips on you can to file an FDCPA lawsuit against a debt collection agency

Advice on how to answer a summons for debt collection.

Effective strategies for how to get back on track after a debt lawsuit

New Hampshire Statute of Limitations on Debt

Sample Cease and Desist Letter Against Debt Collectors

The Ultimate Guide to Responding to a Debt Collection Lawsuit in Utah

West Virginia Statute of Limitations on Debt

What debt collectors cannot do — FDCPA explained

Defending Yourself in Court Against Debt Collector

How to Liquidate Debt

Arkansas Statute of Limitations on Debt

Youre Drowning in Debt — Heres How to Swim

Help! Im Being Sued by My Debt Collector

How to Make a Motion to Vacate Judgment

How to Answer Summons for Debt Collection in Vermont

North Dakota Statute of Limitations on Debt

ClearPoint Debt Management Review

Indiana Statute of Limitations on Debt

Oregon Eviction Laws - What They Say

CuraDebt Debt Settlement Review

How to Write a Re-Aging Debt Letter

How to Appear in Court by Phone

How to Use the Doctrine of Unclean Hands

Debt Consolidation in Eugene, Oregon

Summoned to Court for Medical Bills? What to Do Next

How to Make a Debt Settlement Agreement

Received a 3-Day Eviction Notice? Heres What to Do

How to Answer a Lawsuit for Debt Collection

Tips for Leaving the Country With Unpaid Credit Card Debt

Kansas Statute of Limitations on Debt Collection

How to File in Small Claims Court in Iowa

How to File a Civil Answer in Kings County Supreme Court

Roseland Associates Debt Consolidation Review

How to Stop a Garnishment

Debt Eraser Review

Do Debt Collectors Ever Give Up?

Can They Garnish Your Wages for Credit Card Debt?

How Often Do Credit Card Companies Sue for Non-Payment?

How Long Does a Judgement Last?

​​How Long Before a Creditor Can Garnish Wages?

How to Beat a Bill Collector in Court