Most states have laws that provided that if a garnishee, personally summoned, shall fail to answer as required by law, the court shall enter a judgment against him for the amount of plaintiff's demand.
This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
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On motions to set aside default judgments, the defendant presents the following factors: ability to present a meritorious defense; unfair prejudice; and whether the default was a result of culpable conduct.
If you're looking to put a stop to wage garnishment, you have four options: Repay your debt. Negotiate with your creditor. File a consumer proposal. File for bankruptcy.
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.
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. ... For a form declaration of exemptions that you can fill in and file yourself, see the Motion to Stop Wage Garnishment (with Declaration and Claim of Exemption for Wages).
Wage Garnishments The employer is required to withhold 25% of the taxpayer's gross wages. The wage garnishment remains in effect for subsequent pay periods until the total amount of the garnishment has been withheld and remitted by the employer.
The claim can be filed at any time and must be based on either: (1) that the plaintiff does not have a judgment against the defendant; (2) that the plaintiff's affidavit of garnishment is untrue or legally insufficient (left out a required element, did not identify the defendant or property properly, or listed an ...
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).
Alabama Rules of Civil Procedure VIII. ... TO CLAIM ANY EXEMPTION THAT MAY BE AVAILABLE TO YOU, YOU MUST PREPARE A "CLAIM OF EXEMPTION" FORM LISTING ON IT ALL YOUR WAGES AND PERSONAL PROPERTY; HAVE THE CLAIM OF EXEMPTION NOTARIZED; AND FILE IT IN THE CLERK=S OFFICE.
