Alabama Claim of Exemption
File an Alabama claim of exemption to stop wage garnishment. Learn what pay is exempt, that 75 percent of earnings is protected, and how to file it.
Introduction
An Alabama claim of exemption is a form you file with the court to protect some or all of your wages or bank funds from a garnishment. An exemption is money the law says a creditor cannot take. After a creditor wins a money judgment, it can serve a garnishment on your employer and pull money from every paycheck. In Alabama you file a written claim of exemption, verified by oath, with the clerk of the court that issued the garnishment, and you must file it before the court enters a judgment of condemnation that hands the held money to the creditor. Alabama protects 75 percent of your disposable earnings, more than many debtors expect, and some income like Social Security is off limits entirely. Because there is no fixed day count, act as soon as you learn of the garnishment. DocDraft prepares an Alabama claim of exemption from your details, and attorney review is available before you file.
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Key Things to Know
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An Alabama claim of exemption is a written form, verified by oath, that you file with the court to protect some or all of your wages or bank funds from garnishment. It tells the court the money is exempt, meaning the law does not let a creditor take it.
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There is no fixed number of days, but timing still matters. Under Code of Ala. section 6-10-37 you must file your claim before the court enters a judgment of condemnation, the order that releases the held funds to the creditor, so file as soon as you learn of the garnishment.
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Alabama protects 75 percent of your pay. Under Code of Ala. section 6-10-7 at least 75 percent of your disposable earnings is exempt, and for consumer debt you keep the greater of that 75 percent or the amount by which your weekly earnings exceed 30 times the federal minimum wage.
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Some income is exempt no matter the debt. Social Security, disability, veterans benefits, and many pensions and public benefits are protected, and a claim of exemption is how you free those funds if a bank has frozen them.
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Money can be held while your claim is decided. Because each paycheck is subject to the garnishment until the court rules, filing your claim of exemption quickly limits what you lose.
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Alabama has a specific form. You file the Motion to Stop Wage Garnishment with the Declaration and Claim of Exemption for Wages, form PS-20, with the clerk of the court that issued the garnishment.
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Filing can lead to a hearing. If the creditor contests your claim, usually within about 10 days, the court schedules a hearing where you show the money is protected and the creditor must justify the garnishment.
Key decisions before you file
Before you file a Claim of Exemption in Alabama, a few decisions shape the document: which option to choose and what each one means. The Claim of Exemption guide walks through them.
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Alabama Requirements for Claim of Exemption
Alabama Filing Deadline and Office
File the Alabama claim of exemption with the correct office, the court or the levying officer as Alabama directs, within the state's window after the garnishment is served. Money is usually held until the claim is decided, so filing late can forfeit wages the law would otherwise protect.