AlabamaLegalHelp.org | A guide to free and low-cost legal aid, assistance & services in Alabama (2024)

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This fact sheet explains when someone can garnish your paycheck. It also explains what you can do to stop the garnishment.

Can someone garnish my paycheck without suing me first?

  • Usually not. Except for some debts to the government, you can only be garnished:
    • If a creditor has already sued you, and
    • You had a chance to respond, and
    • The court has already entered a judgment against you.
  • The IRS and some other agencies can garnish you without suing first.
    • They need to send you notice first.
    • They need to give you a chance to challenge the debt.
    • Usually, agencies do not garnish unless other attempts to get you to pay fail.

How much of my paycheck can be garnished?

  • Nothing, unless your take-home pay is at least $217.50 per week.
    • Subtract from your gross income pay legally required deductions.
    • These include all taxes, Social Security, and money put into retirement accounts.
  • If your take-home pay is more than that:
    • No more than 25 percent of your pay can be garnished.
    • But you must have at least $217.50 per week left.
  • If the garnishment is for child support, up to half (50%) of your wages can be garnished.
  • Sometimes, child support garnishments can even take 60 percent of your wages.

How does a wage garnishment work?

  • The Court sends notice of a wage garnishment to you and to your employer.
  • Your employer has up to a month to answer and start taking out your money.
  • Your employer does not have to wait the month, however.
  • The Court should also send you a copy of the answer of your employer.
  • Anytime you receive garnishment papers, you should see a lawyer right away to see if you can protect your wages and other property.

How can I stop a wage garnishment?

  • You may be able to stop it by filing a claim of exemptions. This usually works if:
    • You have bring home less than $1,000 per paycheck.
    • The judgment is on a debt or contract.
    • The Court will give the creditor fifteen (15) days to challenge your exemption.
      • If a contest is filed, it isstrongly recommendedthat you call Legal Services Alabama at 1-866-456-4995 or complete an online application HERE.
    • The garnishment keeps going until the Court issues an Order, but afterward the wages withheld should be returned to you unless contested by the creditor.
    • The Court may temporarily halt the garnishment during the 15 days if you file a special motion asking the Court to do so.
  • For a form declaration of exemptions that you can fill in and file yourself, see the Motion to Stop Wage Garnishment (with Declaration and Claim of Exemption for Wages).
  • You can stop it by filing a bankruptcy.
  • You get the creditor to release the garnishment.
  • You should talk to a lawyer about how you can protect your wages.

Can a creditor garnish anything else?

  • Yes. A creditor can try to serve garnishment papers on anyone who owes you money.
  • Your bank account can be garnished, but some exemptions apply.

AlabamaLegalHelp.org offers legal information, not legal advice. We try hard to make sure this website accurately explains your rights and options. However, the site does not apply the law to your personal facts. For this sort of legal advice, you should call a lawyer. To apply for free legal services in Alabama, call the Legal Services Alabama office that is closest to where you live OR call toll-free 1-866-456-4995. You can also apply online HERE.

Last Review and Update: Nov 21, 2019

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AlabamaLegalHelp.org | A guide to free and low-cost legal aid, assistance & services in Alabama (2024)

FAQs

Does Alabama have Legal Aid? ›

Legal Services Alabama (“LSA”) is an independent, nonprofit organization that provides qualifying low-income families across all 67 counties of Alabama with free civil legal aid in a wide variety of areas.

Who funds Iowa Legal Aid? ›

Iowa Legal Aid receives funding from the national Legal Services Corporation and other sources. The Legal Services Corporation and some other funding sources have income guidelines.

Is Legal Aid free in Iowa? ›

Iowa Legal Aid provides free civil legal assistance and does not charge our clients for legal services. Click below to find out how to apply for legal help.

Is legal aid free in USA? ›

Civil legal aid is provided free of charge by nonprofit legal aid organizations, “pro bono” volunteers (attorneys, law students and paralegals), law schools, court-based services such as self-help centers, and online technologies such as document assembly and legal information websites.

What does the Alabama State Bar do? ›

The Alabama State Bar (ASB) is the licensing and regulatory organization for lawyers in Alabama. ASB programs and activities have continuously served the public and improved the justice system.

Who is the largest Legal Aid provider? ›

LSC is the largest funder of legal aid in the United States at roughly $500 million a year. You can find more information on California LSC funding here.

What is the Iowa Fund of Funds? ›

The Iowa Fund of Funds brings venture equity capital and venture expertise to Iowa entrepreneurs by investing in carefully selected venture capital funds.

What is legal AI? ›

One way that AI is being used in the legal industry is by assisting with document processing and classification for a wide range of matters, including due diligence, document and contract review, compliance, contract management, knowledge management and deal analysis.

How to get a free lawyer in Iowa? ›

Apply by Phone
  1. 1-800-532-1275 Monday-Friday from 9 to 11 am or from 1:30 to 3:30 pm, except Thursday afternoon. ...
  2. Iowans 60 and over may apply for help by calling the Legal Hotline for Older Iowans at 1-800-992-8161 Monday-Friday from 9 am to 4 pm.
  3. Interpretation is available.

Does Iowa Legal Aid help with criminal cases? ›

Iowa Legal Aid provides legal help to low-income Iowans facing legal problems involving civil (non-criminal) legal issues.

Does Iowa Legal Aid help with divorces? ›

If you think you may need an attorney, are a victim of domestic abuse and are low-income, Iowa Legal Aid may be able to help in a divorce case.

How can I get a free lawyer in USA? ›

Find free and low-cost legal help
  1. Legal Services Corporation (LSC) - Find legal aid in your community for people with low incomes.
  2. LawHelp.org - Find free legal aid near you and get answers to your legal questions. ...
  3. Law Help Interactive - This program helps you fill out legal forms for free, such as those dealing with:
Apr 10, 2023

How much does it cost to qualify as a lawyer in the US? ›

The average total cost of tuition alone for law school is $137,970, or $45,990 per year. Living expenses on average total out at $68,210, or $22,740 per year.

Who handles minor disputes between parties that usually represent themselves without lawyers? ›

Small claims court is designed to help parties who do not have attorneys resolve their disputes quickly and inexpensively. In small claims court, claims must be less than $10,000. Small claims judges can only award money judgments.

What is the MCLE rule 9 in Alabama? ›

The Alabama State Bar MCLE Rule 9 requires all newly admitted members of the bar to complete a three-hour course in professionalism within twelve months of admission.

How many times can you take the Alabama bar? ›

The good news is that most states do not have limits on how many times you can take the bar exam. States that do not have any limitations are: Alabama.

What is the hardest State Bar? ›

Yes, the California bar exam is widely considered to be the most difficult of all state bar exams in the US. The California bar exam has a pass rate of 34%.

Who is the top lawyer in America? ›

  • Brian Panish. Panish Shea & Boyle. Southern California. ...
  • Carolyn B. Lamm. White & Case LLP. ...
  • Gary P. Naftalis. Kramer Levin Naftalis & Frankel. ...
  • Irvin V. Cantor. Cantor Stoneburner Ford Grana Buckner. ...
  • James W. Quinn. Berg & Androphy. ...
  • Joseph W. Cotchett. Cotchett, Pitre & McCarthy. ...
  • Mark Lanier. The Lanier Law Firm. ...
  • Mark P. Robinson, Jr.

Who is the highest lawyer in the US government? ›

Solicitor General of the United States
Incumbent Elizabeth Prelogar since October 28, 2021
United States Department of Justice
StyleMr. or Madam Solicitor General
Reports toUnited States Attorney General
8 more rows

What is the most successful law firm in the United States? ›

Largest Law Firms Research Summary

The largest law firm in the U.S. is Kirkland Ellis, with a revenue of $6.04 billion and 2,307 employees. As of 2022, U.S. law firms have a market size of $367.9 billion.

What is in the G fund? ›

The G Fund is invested in short-term U.S. Treasury securities specially issued to the TSP. Payment of principal and interest is guaranteed by the U.S. government. Thus, there is no “credit risk.”

What is the Iowa Impact fund? ›

Student Impact Grants provide funding for a variety of University of Iowa undergraduate and graduate student activities outside the classroom, such as research, travel, and service projects.

What is the max Iowa 529? ›

State tax deduction or credit for contributions:

Contributions to an Iowa 529 plan of up to $3,785 for 2023 per beneficiary by an individual, and up to $7,570 per beneficiary by married taxpayers filing jointly who each make their own contributions, are deductible in computing Iowa taxable income.

What is Clearbrief? ›

Jacqueline Schafer is the founder and CEO of Clearbrief, a Word Add-In that leverages AI to help litigators find the best evidence for any sentence in their draft, and instantly complete tedious litigation tasks like the Table of Authorities.

What is LexisNexis used for? ›

LexisNexis helps uncover the information that commercial organizations, government agencies and nonprofits need to get a complete picture of individuals, businesses and assets with industry-leading data and analytic solutions.

What is virtual legal? ›

A virtual law firm is a legal practice that does not have a brick-and-mortar office, but operates from the homes or satellite offices of its lawyers, usually delivering services to clients at a distance utilizing modern technology for communication.

What is a Replevin action in Iowa? ›

Replevin is a legal action to regain rightful possession of goods or personal property. It is not an action for damages, but the court “shall also award damages” for cost incurred due to the wrongful possession of the property. Iowa Code § 643.17.

How much are attorney fees in Iowa? ›

The typical lawyer in Iowa charges between $86 and $364 per hour.

How do I contact Iowa Legal Aid? ›

To find out if you may be able to get free legal assistance, please call Iowa Legal Aid at 1-800-532-1275. Hours for telephone intake are Monday-Friday from 9 to 11 am or from 1:30 to 3:30 pm, except Thursday afternoon. Offices are open 8:30 to 4:30 (emergencies taken when open).

How is Iowa legal aid funded? ›

Iowa Legal Aid receives funding from the national Legal Services Corporation and other sources. The Legal Services Corporation and some other funding sources have income guidelines. Our Board of Directors sets Iowa Legal Aid's income limits using those guidelines. Our limits are based on 125% of the poverty level.

Does Iowa have a criminal justice program? ›

Iowa State University has one of the fastest-growing criminal justice majors in the country. It's easy to see why—criminal justice students at Iowa State University are prepared for any career in law enforcement, judiciary, government, or even business.

Does Iowa have a good criminal justice program? ›

University of Iowa

#82 Best Colleges for Criminal Justice in America.

Who pays for college in a divorce in Iowa? ›

Whose Responsibility Is College? In Iowa, the court can order parents to pay some of their child's college expenses. The courts refer to this as a postsecondary education subsidy. Many people are surprised by this.

Is there a waiting period for divorce in Iowa? ›

Waiting period.

Iowa law requires a ninety-day waiting period, from the date the respondent is served dissolution of marriage papers, before the court may enter a final decree. Under certain circ*mstances, the court may waive the waiting period.

What is considered abandonment in a marriage in Iowa? ›

Iowa law recognizes two types of marital abandonment: actual abandonment and constructive abandonment. Actual abandonment is when a spouse voluntarily packs up their things, leaves the family home, and has no intention of ever returning.

How do I get guardianship in Alabama? ›

WHAT ARE THE STEPS FOLLOWED IN APPOINTING A GUARDIAN OR CONSERVATOR FOR AN ADULT?
  1. Petition filed.
  2. Appointment of a guardian ad litem.
  3. Examination by physician.
  4. Appointment of Probate Court's representative.
  5. Hearing.
  6. Jury at hearing if demanded.
  7. Bond for conservator.
  8. Order granting petition.

What forms are needed to file for divorce in Alabama? ›

The basic forms are the divorce complaint, marital settlement agreement, testimony of plaintiff (affidavit), affidavit of residency, child support information sheet (CS-47), and the vital statistics form. You must file the uncontested divorce documents with the clerk of the court and pay a filing fee.

Who is eligible for legal aid in Florida? ›

Generally, you will be eligible if your income does not exceed 125% of the Federal Poverty Income Guidelines. In some counties and in some cases, domestic violence and elderly clients may not be subject to the income guidelines.

Does Florida have legal aid? ›

If you have a civil legal problem but cannot afford to hire a private lawyer, you still may have access to the legal system through your local legal services-legal aid organization which provides free or low cost legal services to persons with low incomes.

Do guardians get paid in Alabama? ›

Unless limited by a court, a guardian may do the following: 1) receive money payable to the ward; 2) determine where the ward lives; 3) consent to medical and other treatment of the ward; 4) consent to marriage or adoption of the ward; and 5) allow the ward to make some decisions about the ward's life.

How much does it cost to file for guardianship in Alabama? ›

Filing Type:FeesWord Definitions
Guardianship/Conservatorship . . . read more$40.00
Legitimation$25.00What is Legitimation?
Name change . . . read more$25.00What is a name change?
Probate of will (5 pages or less)$58.00What is a Will?
7 more rows

What is the difference between guardianship and power of attorney in Alabama? ›

A power of attorney and a guardianship are tools that help someone act in your stead if you become incapacitated. With a power of attorney, you choose who you want to act for you. In a guardianship proceeding, the court chooses who will act as guardian.

How many years do you have to be separated to be legally divorced in Alabama? ›

Code 30-2-40. State law does not mandate couples undergo a period of separation before they get divorced.

What is the 10 year marriage law in Alabama? ›

If the marriage has lasted ten years, the court may consider the portion of retirement earned during the marriage, and interest thereon, as part of that spouse's estate, but not any portion of retirement or interest earned pre-marriage.

What is the wife entitled to in a divorce in Alabama? ›

In an Alabama divorce, a wife may keep the personal property she owned before the marriage. A wife can also seek an equitable portion of marital property shared by the couple, including physical property (such as the family home) or other assets (such as bank accounts).

How much does a legal aid attorney get paid in Florida? ›

As of Jun 2, 2023, the average annual pay for the Legal Aid jobs category in Florida is $37,779 a year. Just in case you need a simple salary calculator, that works out to be approximately $18.16 an hour. This is the equivalent of $726/week or $3,148/month.

How do I get a free consultation with elder law in Florida? ›

The Department of Elder Affairs' Florida Senior Legal Helpline provides free legal advice and brief service by phone to eligible seniors age 60 and older. The toll-free number is 1-888-895-7873.

How can I get a free divorce in Florida? ›

You shouldn't pay anyone (not even a low cost divorce firm) for basic Florida divorce information. The Florida Supreme Court will provide all legal forms to you for free. Most family law forms can be found online if you have the time, energy and inner fortitude to search for divorce forms online.

How to get a free public defender Florida? ›

Defendants must apply and qualify for the Public Defender's services. Visit the Clerk of the Court to get an “Application for Indigent Status and Appointment of the Public Defender” or fill out a copy of the Application Form located in the Forms tab, and email it to pd10email@pd10.org.

What is a CLS attorney in Florida? ›

CLS advocates for the safety, well-being, and permanency of Florida's children who are involved in dependency court proceedings.

What is the Florida legal helpline? ›

The Florida Lawyers Helpline (1-833-351-9355) is a free and completely confidential service that connects members with professional counselors who can help them overcome life's challenges, balance priorities, and better handle both personal and professional pressures.

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