Prior to entry of judgment on a consumer credit transaction, the creditor may not attach unpaid earnings of the debtor by garnishment. Notwithstanding the garnishment procedure otherwise applicable after judgment, with respect to a consumer credit transaction, the amount of unpaid earnings of the debtor subject to garnishment shall not exceed the lesser of:
(1) Twenty-five percent of the debtor’s disposable earnings for that week; or
(2) The amount by which the debtor’s disposable earnings for that week exceed 30 times the federal minimum hourly wage in effect when payable.
“Disposable earnings” means that part of the earnings of a debtor remaining after deduction of amounts required by law to be withheld, and disposable earnings shall not include periodic payments pursuant to a pension, retirement, or disability program.
(Acts 1971, No. 2052, p. 3290, §11; Acts 1988, No. 88-294, p. 454, §1; Acts 1996, No. 96-576, p. 887, §2.)
Notes of Decisions
First Nat'l Bank of Jasper v. Robinson (In Re Robinson), 240 B.R. 70 (Bankr. N.D. Ala. 1999).
· cites it 96× “If there is no difference in the fixing of this amount under the three potentially applicable statutes, Ala.Code § 5-19-15 (1996), Ala.Code § 6-10-7 (1993), or 15 U.”
Shuler v. Ingram & Assocs. & NCO Fin. Sys., Inc., 710 F. Supp. 2d 1213 (N.D. Ala. 2010).
· cites it 2× “This statement is consistent with Ala.Code § 5-19-15. 10 . The Jeter court also states, as plaintiffs observe, that in addition to the “least sophisticated consumer’’ standard applied to FDCPA claims, in analyzing a § 1692d claim, a court should also consider the debtor's…”
Crider v. Misty Acres, Inc., 893 So. 2d 1165 (Ala. Civ. App. 2004).
“" [2] Section 6-10-6 provides: "The personal property of such resident, except for wages, salaries, or other compensation, to the extent of the resident's interest therein, to the amount of $3,000 in value, to be selected by him or her, and, in addition thereto, all necessary…”
Pruett v. Worldwide Asset Purchasing, LLC, 140 So. 3d 481 (Ala. Civ. App. 2013).
“No wages, salaries, or other compensation shall be exempt except as provided in Section 5-19-15 or Section 6-10-7[, Ala.Code 1975].”
Alabama Telco Credit Union v. Gibbons, 195 So. 3d 1012 (Ala. Civ. App. 2015).
· cites it 2× “Code 1975, a claimant is entitled to a $7,500 personal-property exemption that excludes “wages, salaries, or other compensation,” and the statute further provides that “[n]o wages, salaries, or other compensation shall be exempt except as provided in Section 5-19-15 or Section…”
Sink v. Advanced Collection Servs., Inc., 607 So. 2d 246 (Ala. Civ. App. 1992).
· cites it 2× “That section further provides that wages shall be exempt only as provided in § 5-19-15, which refers to consumer loans, or in § 6-10-7, which provides for an exemption of sev *248 enty-five percent of wages.”
Andrew F Dawson (Bankr. N.D. Ala. 2019).
· cites it 2× “See Ala. Code § 5-19-15 . The Movant also alleges that the Debtor undervalued two automobiles on his schedules.”
Transamerica Fin. Servs., Inc. v. Black (In re Black), 95 B.R. 223 (Bankr. N.D. Ala. 1988).
“00 in value, to be selected by him or her, and, in addition thereto, all necessary and proper wearing apparel for himself or herself and family, all family portraits or pictures and all books used in the family shall also be exempt from levy and sale under execution or other…”
Ricks v. 1ST Franklin Fin. Corp., 269 So. 3d 487 (Ala. Civ. App. 2018).
“No wages, salaries, or other compensation shall be exempt except as provided in Section 5-19-15 or Section 6-10-7[, Ala. Code 1975].”
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