How to Stop Wage Garnishment in Alabama

You should attempt to stop wage garnishment as soon as you know or believe a creditor is going to pursue garnishment. Once garnishment is enforced it is much more difficult to stop; you are better off preventing it before it begins. Once garnishment begins, the creditor is getting money and it is very unlikely he will be willing to trust you to make voluntary payments. Wage garnishment laws are established on a federal level but states can adjust garnishment laws, as long as they do not exceed the limits established by federal law. Alabama allows up to 25 percent of your wages to be garnished.

Instructions

Before Garnishment is Active

1

Contact the creditor and ask to speak to someone who can negotiate an agreement on your outstanding debt. Have the monthly payment amount you can pay or the settlement amount set before you make the call.

2

Explain your financial situation to him. Tell him you are willing to work out a monthly payment plan or a one-time settlement amount, whichever applies to your situation. Stress that you are willing and able to make the stated settlement.

3

Ask for any agreement to be sent to you in writing. Do not provide the agent with your banking information. Only agree to make payments by sending a money order or cashiers check. If you provide your banking information, you are giving him the information needed to garnish the funds inside your bank account.

After Garnishment is In Place

4

Contact an Alabama bankruptcy attorney. Almost all bankruptcy attorneys offer a free consultation. Schedule a time to meet with her and discuss your options.

5

Meet with the attorney and determine if bankruptcy is an option for you. If you decide to proceed with bankruptcy, work on providing the attorney with any information she requests. This is usually a list of all of your monthly expenses, any assets and other financial information.

6

Ask the bankruptcy attorney to file your bankruptcy petition with the Alabama bankruptcy court as soon as possible. Wage garnishment will stop once the attorney notifies the creditor that bankruptcy has been filed.