Alabama Wage Garnishment + Exemption Claim Package

Alabama Wage Garnishment + Exemption Claim Package

Alabama Garnishment Quick Reference

Part 1 — Pre-Garnishment Checklist (Judgment Creditor)

☐ Final money judgment entered in Alabama Circuit Court, District Court, or Small Claims
☐ Judgment not stayed, satisfied, or vacated; 20-year limitations under § 6-9-191 preserved
☐ Verified current employer name and registered agent address
☐ Computed unpaid balance with post-judgment interest under § 8-8-10
☐ Prepared Process of Garnishment naming employer as garnishee
☐ Prepared Affidavit of Judgment Creditor identifying judgment, garnishee, debtor, balance
☐ Identified whether garnishment is subject to § 5-19-15 (consumer credit) — disclose on the process
☐ Attachment A (Wage Calculation Instructions) included with process
☐ Filing fee tendered and sheriff / process server fees arranged
☐ Calendar continuing nature under § 6-6-394 — no expiration but priority among multiple writs

Part 2 — Pre-Response Checklist (Judgment Debtor)

☐ Confirm whether you received the Notice of Right to Claim Exemption (must be served at least 5 days before condemnation per § 6-10-37)
☐ Identify exempt income sources (Social Security, SSI, SSDI, VA, unemployment, workers' comp, child support received, public assistance, pension/IRA to extent provided)
☐ Compute personal property and traceable funds within the $7,750 statutory personal property exemption (§ 6-10-6)
☐ Prepare Claim of Exemption (§ 6-10-20) and Schedule of Property (§ 6-10-29)
☐ File and serve the Claim BEFORE entry of judgment of condemnation
☐ Consider Motion to Dissolve / Quash if procedural defect or satisfied judgment

Part 3 — Process of Garnishment (Creditor's Filing — § 6-6-370 et seq.)

IN THE _______________ COURT OF _________________ COUNTY, ALABAMA

Civil Action No.: [____________________]

PROCESS OF GARNISHMENT

TO THE GARNISHEE NAMED ABOVE:

YOU ARE COMMANDED to appear and answer under oath whether you are or were, at the time of service of this Process or at any time since, indebted to the Defendant or have in your possession or under your control effects, money, or property belonging to the Defendant.

Date of Judgment: [__/__/____]
Judgment Amount: $[__________]
Costs: $[__________]
Less Credit / Payments: $[__________]
Other: $[__________]
Total Unpaid Balance: $[__________]

AFFIDAVIT OF JUDGMENT CREDITOR

I make oath that I have obtained the foregoing judgment and believe the named garnishee is indebted to the Defendant or has effects of the Defendant under its control. I believe that a Process of Garnishment against the said garnishee is necessary to obtain satisfaction of judgment.

The garnishment ☐ IS ☐ IS NOT subject to the restrictions of Ala. Code § 5-19-15, pertaining to consumer loans, consumer credit sales, and consumer leases.

Dated: [__/__/____]

________________________________
Affiant / Attorney for Plaintiff

SWORN to and SUBSCRIBED before me this [____] day of [______________], [______].

________________________________
Notary Public

Of Counsel:
[Attorney Name]
[Firm Name]
[Mailing Address]
[City, State, Zip]
[Telephone]
[Alabama Bar No.]

Part 4 — Attachment A: Wage Calculation Instructions to Garnishee

I. Garnishments to collect judgments OTHER THAN those arising from consumer loans, consumer credit sales, or consumer leases: Subject to Ala. Code § 6-10-7 and 15 U.S.C. § 1673. Amount subject to garnishment shall not exceed the lesser of:

(1) 25% of disposable earnings for the week; OR
(2) The amount by which disposable earnings for the week exceed 30 times the federal minimum hourly wage in effect at the time the earnings are payable.

II. Garnishments to collect judgments arising from consumer loans, consumer credit sales, or consumer leases (debts created on or after April 12, 1988): Subject to Ala. Code § 5-19-15. Amount subject to garnishment shall not exceed the lesser of:

(1) 25% of disposable earnings for the week; OR
(2) The amount by which disposable earnings for the week exceed 30 times the federal minimum hourly wage.

"Disposable earnings" means that part of earnings of an individual remaining after deduction of amounts required by law to be withheld (federal income tax, Social Security, Medicare, and state and local taxes).

Part 5 — Wage Calculation Worksheet

Pay Period: [__/__/____] to [__/__/____]
Pay Frequency: ☐ Weekly ☐ Bi-weekly ☐ Semi-monthly ☐ Monthly

Part 6 — Answer of Garnishee (§ 6-6-391; 30-day deadline)

[Caption as above]

ANSWER OF GARNISHEE

The Garnishee, [____________________], by its authorized representative, in answer to the Process of Garnishment served on [__/__/____], states under oath:

1. The Defendant ☐ IS ☐ IS NOT an employee of the Garnishee.
2. Date of hire: [__/__/____]; Date of separation (if any): [__/__/____].
3. Pay frequency: ☐ Weekly ☐ Bi-weekly ☐ Semi-monthly ☐ Monthly
4. Gross earnings last pay period: $[__________]
5. Disposable earnings last pay period: $[__________]
6. Amount retained subject to this Process: $[__________]
7. Other garnishments / income withholding orders in effect: [____________________]

Pursuant to Ala. Code § 6-10-7, the Garnishee will retain 25% of disposable earnings (the maximum amount permitted) during the period necessary to accumulate the sum shown above and will commence payment into court after 30 days from first retention. If employment terminates, the Garnishee will report the termination within 15 days and pay into court all sums withheld.

VERIFICATION

________________________________
[Authorized Representative] [Title]

Subscribed and sworn before me this [____] day of [______________], [______].

________________________________
Notary Public

Part 7 — Notice to Debtor of Right to Claim Exemption (§ 6-10-37)

TO: [JUDGMENT DEBTOR NAME], [Address]

A Process of Garnishment has been served against your employer for the unpaid judgment against you. Under Alabama law you may claim certain wages, money, and personal property as EXEMPT from garnishment, including:

• 75% of wages (Ala. Const. art. X § 204; Ala. Code § 6-10-7)
• $7,750 in personal property and cash (Ala. Code § 6-10-6, statutorily indexed)
• Social Security, SSI, SSDI, VA benefits, unemployment, workers' compensation
• Child support and alimony received
• Public assistance
• Pension and retirement benefits to the extent provided by law

To claim exemption, you must file a Claim of Exemption with the court — accompanied by a Schedule of Property (§ 6-10-29) — BEFORE the court enters a judgment of condemnation against the garnished funds. This notice is given at least five (5) days before any judgment of condemnation pursuant to § 6-10-37.

Court: [________________________________]
Address: [________________________________]
Case No.: [____________________]

If you cannot afford an attorney, you may contact Legal Services Alabama at 1-866-456-4995.

Dated: [__/__/____]

________________________________
[Creditor / Garnishee / Clerk]

Part 8 — Claim of Exemption and Schedule of Property (§§ 6-10-20, 6-10-29)

[Caption as above]

CLAIM OF EXEMPTION AND SCHEDULE OF PROPERTY

I, [JUDGMENT DEBTOR NAME], pursuant to Ala. Code §§ 6-10-20 and 6-10-29, claim the following property as exempt from levy under the Process of Garnishment served on [__/__/____]:

Schedule of Property and Funds Claimed Exempt

Specific Exemptions Claimed:

☐ 75% of wages garnished (Ala. Const. art. X § 204; § 6-10-7)
☐ Personal property exemption — up to $7,750 (§ 6-10-6)
☐ Social Security / SSI / SSDI / VA / unemployment / workers' compensation / public assistance
☐ Child support or alimony received
☐ Pension or retirement (specify): [____________________]
☐ Other: [____________________]

Total value of property claimed exempt: $[__________]

VERIFICATION

I declare under penalty of perjury that the foregoing Claim and Schedule are true, correct, and complete.

Dated: [__/__/____]

________________________________
[Judgment Debtor Signature]
[Printed Name] [Address] [Telephone]

Sworn to and subscribed before me this [____] day of [______________], [______].

________________________________
Notary Public

Part 9 — Motion to Dissolve / Quash Process of Garnishment

[Caption as above]

MOTION TO DISSOLVE PROCESS OF GARNISHMENT

The Defendant, by [pro se / counsel], moves the Court to dissolve the Process of Garnishment served on [__/__/____] and states:

1. Grounds for dissolution:
   ☐ The underlying judgment has been satisfied in full.
   ☐ The underlying judgment is void, vacated, stayed, or on appeal with supersedeas bond.
   ☐ All funds being garnished are exempt under the Alabama Constitution art. X § 204, § 6-10-6, § 6-10-7, and/or federal law.
   ☐ The Process was issued without proper affidavit or proper service (§ 6-6-391).
   ☐ The Process is duplicative of a prior continuing garnishment that has priority under § 6-6-394.
   ☐ Other: [____________________].

2. Supporting facts: [________________________________].

WHEREFORE, the Defendant requests the Court enter an order dissolving the Process of Garnishment, ordering return of any sums wrongfully withheld, and granting such other and further relief as is just.

Dated: [__/__/____]

________________________________
[Movant / Attorney]

Part 10 — Notice of Hearing

[Caption as above]

NOTICE OF HEARING ON CLAIM OF EXEMPTION / MOTION TO DISSOLVE

TO: All parties and the Garnishee:

PLEASE TAKE NOTICE that a hearing on the [Claim of Exemption / Motion to Dissolve] filed by [________________________________] on [__/__/____] will be held:

Date: [__/__/____]
Time: [____:____] ☐ a.m. ☐ p.m.
Location: [________________________________]
Before: Hon. [________________________________]

Dated: [__/__/____]

________________________________
[Movant / Clerk]

Part 11 — Certificate of Service

I certify that on [__/__/____] I served a true and correct copy of the foregoing on:

________________________________
[Signature] [Printed Name]

Sources and References

• Ala. Code § 6-6-370 et seq. (Garnishment)
• Ala. Code § 6-6-391 (Garnishee answer; 30 days)
• Ala. Code § 6-6-394 (Continuing garnishment)
• Ala. Code § 6-10-6 (Personal property exemption — $7,750)
• Ala. Code § 6-10-7 (Wage exemption — 75%)
• Ala. Code §§ 6-10-20, 6-10-29, 6-10-37 (Claim of exemption procedure)
• Ala. Code § 5-19-15 (Consumer credit cap)
• Ala. Const. art. X, § 204 (Wage exemption)
• 15 U.S.C. § 1673 (Federal CCPA)
• Alabama Rules of Civil Procedure 64B

Disclaimer: This template provides general information about Alabama garnishment procedure and is not a substitute for legal advice. Alabama's procedural requirements — including the timing of the Claim of Exemption relative to the judgment of condemnation — are unforgiving. Consult an Alabama-licensed attorney before serving or responding to a Process of Garnishment.