How much of my wages can be garnished in Alabama?
Alabama applies the federal CCPA formula with a constitutional personal property exemption.
1. Federal Floor
15 U.S.C. § 1673(a) caps garnishment at the lesser of 25% of disposable earnings or amount above 30× federal minimum wage ($217.50/week).
2. Alabama Rule
Ala. Code § 6-10-7 mirrors the federal CCPA limits. The Alabama Constitution art. X § 204 provides a personal property exemption (currently set at $7,750 by statute under § 6-10-6, indexed periodically) that may apply to non-wage personal property and traceable wages on deposit.
3. Special Categories
4. Head-of-Household Exemption
Alabama has no specific head-of-household wage exemption (separate from the constitutional personal property exemption).
5. Process
Creditor obtains judgment, then files Process of Garnishment under Ala. Code § 6-6-370 et seq. Employer files answer within 30 days. Garnishment is continuing under § 6-6-394. Debtor receives notice and may file Claim of Exemption under § 6-10-20 and § 6-10-29.
6. Multiple Garnishments
Support orders have priority. Among ordinary creditors, the first writ satisfies; subsequent garnishments queue under § 6-6-394.
7. Employer Anti-Retaliation
15 U.S.C. § 1674 prohibits firing for a single garnishment. Alabama adds § 30-3-72 for child-support withholding retaliation specifically.
8. Bank Garnishment vs Wage Garnishment
Bank account garnishment uses the same § 6-6-370 process. Personal property exemption (§ 6-10-6 / Const. art. X § 204) protects up to $7,750 in cash/intangibles for an individual when properly claimed via Schedule of Exemptions. Federal benefit protections under 31 C.F.R. Part 212 apply.
This is legal information, not legal advice.
- Need to file Claim of Exemption with proper schedule
- Bank account levied above personal property exemption
- Continuing garnishment running indefinitely
- Ala. Code § 6-10-7
- Ala. Code § 6-10-6
- Ala. Code § 6-6-370
- Ala. Const. art. X § 204
- 15 U.S.C. § 1673
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.