(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.
(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.)
Notes of Decisions
Eight Mile Auto Sales, Inc. v. Fair, 25 So. 3d 459 (Ala. Civ. App. 2009).
· cites it 5× “On October 23, 2006, Fair filed a declaration and claim of exemptions, which stated, in pertinent part: “MY PROPERTY is being claimed as exempt pursuant to Article X, § 204, Alabama Constitution of 1901; Alabama Code, § 6-10-6 (1975), as amended; Alabama Code, § 6-10-7; and…”
T.K.W. v. State Dep't of Human Resources ex rel. J.B., 119 So. 3d 1187 (Ala. Civ. App. 2013).
· cites it 5× “In making that argument, the father cites § 6-10-7, Ala. Code 1975, which provides that no more than 25% of a source of income may be subject to garnishment.”
In Re Attanasio, 218 B.R. 180 (Bankr. N.D. Ala. 1998).
· cites it 2× “Code of Alabama 1975, §§ 6-10-7, 5-19-15.”
Mason v. U.S.A. Med. Ctr., 646 So. 2d 90 (Ala. Civ. App. 1994).
· cites it 8× “It held that the practice of accepting partial payment from a garnishee was inconsistent with the language of § 6-10-7, Ala.Code 1975, which, at that time, required that the garnishee accumulate the entire judgment amount recited in the process of garnishment before submitting…”
W.L.S. v. K.S.S.V., 810 So. 2d 777 (Ala. Civ. App. 2001).
· cites it 4× “Under § 6-10-7, Ala. Code 1975, no more than 25% of a garnishee’s disposable or net earnings can be garnished.”
In Re Gunthorpe, 280 B.R. 893 (Bankr. S.D. Ala. 2001).
· cites it 6× “LAW The Alabama Code § 6-10-7 pertains to exemption of wages and garnishment of them.”
Pruett v. Worldwide Asset Purchasing, LLC, 140 So. 3d 481 (Ala. Civ. App. 2013).
· cites it 4× “In Roberts , this court held that a judgment debtor could exempt wages in addition to the amount allowed under § 6-10-7 as long as the amount of the wages and other personal property being claimed as exempt did not exceed the $1,000 exemption amount provided in Ala.”
In Re Peterson, 280 B.R. 886 (Bankr. S.D. Ala. 2001).
· cites it 2× “§ 6-10-7 ( 1975) is entitled to be exempted in an amount equal to 75% of such wages.”
Crider v. Misty Acres, Inc., 893 So. 2d 1165 (Ala. Civ. App. 2004).
· cites it 2× “n 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 and proper…”
In Re Cauley, 374 B.R. 311 (Bankr. M.D. Fla. 2007).
· cites it 4× “4 Alabama’s wage exemption, Alabama Code § 6-10-7, provides in pertinent part: (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…”
— Ala. Code § 6-10-7(a) — 5 cases
Pruett v. Worldwide Asset Purchasing, LLC, 140 So. 3d 481 (Ala. Civ. App. 2013).
“In Roberts , this court held that a judgment debtor could exempt wages in addition to the amount allowed under § 6-10-7 as long as the amount of the wages and other personal property being claimed as exempt did not exceed the $1,000 exemption amount provided in Ala.”
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