§ 6-10-7 — Wages, Salaries, or Other Compensation of Laborers or Employees for Personal Services

Alabama § 6-10-7

• Jurisdiction: Alabama
• Title 6: Civil Practice
• Ch. 10: Exemptions
• Art. 1: Exemptions from Levy and Sale Under Process
• Div. 1: General Provisions

Text

(a) The wages, salaries, or other compensation of laborers or employees, residents of this state, for personal services, shall be exempt from levy under writs of garnishment or other process for the collection of debts contracted or judgments entered in tort in an amount equal to 75 percent of such wages, salaries, or other compensation due or to become due to such laborers or employees, and the levy as to such percentage of their wages, salaries, or other compensation shall be void. The court issuing the writ or levy shall show thereon the amount of the claim of the plaintiff and the court costs in the proceedings. If at any time during the pendency of the proceedings in the court a judgment is entered for a different amount, then the court shall notify the garnishee of the correct amount due by the defendant under the writ or levy. The garnishee shall retain 25 percent of the wages, salaries, or other compensation of the laborer or employee during the period of time as is necessary to accumulate a sum equal to the amount shown as due by the court on the writ or levy. Should the employment of the defendant for any reason be terminated with the garnishee, then the garnishee shall not later than 15 days after the termination of employment, report the termination to the court and pay into court all sums withheld from the defendant’s wages, salaries, or other compensation. If the plaintiff in garnishment contests the answer of the garnishee, as now provided by law in such cases, and proves to the court the deficiency or untruth of the garnishee’s answer, the court shall enter judgment against the garnishee for such amount as would have been subject to the order of condemnation had the sum not been released to the defendant.
(b) The garnishee shall, after a period of 30 days from the first retention of any sum from the defendant’s wages, salaries, or other compensation, commence paying the funds into court, as they are deducted or withheld and continue to do so on a monthly or more frequent basis until the full amount is withheld. Upon receipt by the court of a written request by the plaintiff, the court may enter an order of condemnation of said funds received and thereupon disburse the same to the plaintiff.

Legislative History

(Code 1876, §2823; Code 1886, §2512; Code 1896, §2038; Code 1907, §4165; Code 1923, §7887; Acts 1939, No. 235, p. 396; Code 1940, T. 7, §630; Acts 1949, No. 541, p. 851; Acts 1957, No. 613, p. 880; Acts 1992, 2nd Ex. Sess., No. 92-681, p. 67, §1.)