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Jim Llinet · Nov 20, 2006, 04:16 PM

Hello... I just receive a notice from the court telling me that one of my creditors obtained a judgement against me, and is pettitioned the court to garnish my wages to pay the debt. I recognize that I owe the money, but at the time I didn't have it to pay it. Now I do... the question is 2 parts: 1) In Alabama, what is the definition of 'disposable income" and 2) What are my chances of negotiating a settlement of the debt before the court moves for a Garnishment of wages? Thank you. J

excon · Nov 20, 2006, 04:26 PM

Hello Jim:

The court isn't going to garnish your wages - the judgment creditor will. I don't know what disposable income is, but I'm sure they'll take about 75% of your paycheck until it's paid.

And, that brings me to the second part of your question. Sure, you can negotiate with them. You always could have. But NOW, they have a lock on your money, that they didn't have BEFORE the judgment. So, they don't have to be nice. I'll bet they're going to want, 90% of their money in cash right now, or they'll just take more than that later on.

They may not even talk to you.

excon

Fr_Chuck · Nov 20, 2006, 06:07 PM

Unless things have changed, a single person they can get up to 50 percent of your pay, for a married person they can get 25 percent of your pay.

This is your pay after taxes.

They don't care if you can't pay rent, buy food or pay for your car. That will be your problem. Sorry but that is what happens with a garnishment

RichardBondMan · Nov 20, 2006, 08:56 PM

I live in AL too but have never had the unfortunate experience you have had. Funnny, or not so funny, but it's been said that about 90 % of us are about one paycheck away from what you just experienced or something similar! I don't know either what is considered disposalble income but Excon and Fr_Chuch are probably about right. Check with an attorney or the Clerk of the Court who may or not discuss it with you.