HOW TO STOP A WAGE GARNISHMENT IN ALABAMA
Ferguson & Ferguson
Attorneys at Law
If you are facing wage garnishment in Alabama, there are several steps you can take to stop the garnishment. In Alabama when a creditor obtains a judgment against and is able to determine who your employer is, they may take steps to garnish your wages. If you owe money from a pay day loan, credit card, personal loan or medical bill, and you do not pay then they may eventually file a lawsuit in court, obtain a judgment and garnish your wages. In Alabama the law allows creditors to garnish 25% of your net income. This is a substantial amount if you are living paycheck to paycheck and may affect your ability to provide for your necessities and your families needs.
What are Your Options If a Creditor Has Served Your Employer with a Wage Garnishment Order?
1. File for Bankruptcy- You can stop the wage garnishment from proceeding by filing for bankruptcy in Alabama. Most people may see this as a last resort but the truth is that it may be the better option for many people. When you file for bankruptcy there is an automatic stay put in place. The automatic stay prevents the garnishment from continuing. Once the bankruptcy case is filed the sheriff's office will be informed of your filing and they will issue a release to your employer, that will prevent the garnishment from continuing.
2. Fight the Judgment- There are other options you can also seek to stop a wage garnishment such as fighting the entry of a judgment.
3. Call the Creditor- There is nothing wrong with trying to work something out with the creditor. If the creditor is open to setting up a payment plan then you can avoid having your wages garnished. Some creditors who are understanding may be willing to work with you. Many creditors are for the most part not open to discussing payment arrangements once they have a garnishment order that can collect on the money owed. If you are lucky you may encounter a somewhat open creditor to setting up a payment plan.
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If you have questions about a wage garnishment in Alabama, we can help. Call 256-534-3435 now.