Alabama Order Requiring Debtor's Employer to Remit Deductions from a Debtor's Paycheck to Trustee

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The U.S. Bankruptcy Code also allows individual debtors who meet certain financial criteria to adopt extended time payment plans for the payment of debts. An individual debtor on a regular income may submit a plan for installment payment of outstanding debts. This is called a Chapter 13 Plan. This plan must be confirmed by the court. Once it is confirmed, debts are paid in the manner specified in the plan. After all payments called for by the plan are made, the debtor is given a discharge. The plan is, in effect, a budget of the debtor's future income with respect to outstanding debts. The plan must provide for the eventual payment in full of all claims entitled to priority under the Bankruptcy Code. The plan will be confirmed if it is submitted in good faith and is in the best interest of the creditors.


A Chapter 13 plan must provide for the submission of all or such portion of future earnings or other future income of the debtor to the supervision and control of the trustee as is necessary for the execution of the plan. After the confirmation of a Chapter 13 plan, the court may exercise its discretion and order any entity from whom the debtor receives income to pay all or part of such income to the trustee.

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FAQ

Wage Garnishments The department may garnish a taxpayer's wages, salaries, bonuses, commissions, and any other type of compensation from an employer. The employer is required to withhold 25% of the taxpayer's gross wages.

Non-Bankruptcy Option #1 ? File a Claim of Exemption If you bring home wages that are less than $1,000.00 per pay period, you may be eligible to file a claim of exemptions with the Court Clerk to stop the garnishment. The creditor will have 10 days to file a contest to your claim of exemptions.

You may be able to stop it by filing a claim of exemptions. This usually works if: You have bring home less than $1,000 per paycheck. The judgment is on a debt or contract.

How much of my paycheck can be garnished? Nothing, unless your take-home pay is at least $217.50 per week. Subtract from your gross income pay legally required deductions. ... If your take-home pay is more than that: No more than 25 percent of your pay can be garnished.

With few exceptions, all wages are fully protected from garnishment in North Carolina, Pennsylvania, South Carolina, and Texas. Judgment creditors may seek to evade these protections by serving the wage garnishment order on the consumer's employer's office in another state.

Wage garnishment laws in Alabama are basically the same as federal laws. ing to Alabama law, creditors can't take more than 25% of your weekly disposable earnings or they can't take an amount of your disposable income that exceeds 30 times the federal minimum hourly wage, whichever is less (Ala. Code § 6-10-7).

Limits on Wage Garnishment in Alabama While states are free to impose stricter limits, Alabama's law is similar to federal law. For consumer debts, creditors can't take more than 25% of your disposable earnings or any amount that exceeds 30 times the federal minimum wage, whichever is the lesser amount.

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Alabama Order Requiring Debtor's Employer to Remit Deductions from a Debtor's Paycheck to Trustee