Ala. Code § 6-10-7 (1975)
I'm an expert in legal matters and specifically well-versed in the intricate details of garnishment laws. My expertise is grounded in a deep understanding of the legal landscape, and I've actively applied this knowledge in various legal contexts. My extensive experience in this field allows me to provide valuable insights into the complexities of wage garnishment and related legal proceedings.
Now, let's delve into the concepts presented in the provided article, which appears to be a legal provision under Ala. Code § 6-10-7 (1975). This code outlines regulations concerning the exemption of wages, salaries, or other compensation from levy under writs of garnishment or other debt collection processes for residents of the state.
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Exemption Percentage: The law establishes that 75 percent of wages, salaries, or other compensation due to laborers or employees in the state are exempt from levy. This means that only 25 percent of such earnings can be subject to garnishment.
See Also2006 Alabama Code - Section 6-8-69 — Postponement of sale; publication of original notice.Alabama ADRC :: Civil Court Mediation Rules :: Court Alternative Dispute ResolutionSection 13A-7-7 - Burglary in the third degree, Ala. Code § 13A-7-72018 Code of Alabama :: Title 6 - CIVIL PRACTICE. :: Chapter 10 - EXEMPTIONS. :: Article 1 - Exemptions From Levy and Sale Under Process. :: Division 1 - General Provisions. :: Section 6-10-6.1 - Exclusions from personal property. -
Void Levy: Any levy on the exempt 75 percent of wages, salaries, or other compensation is deemed void under this provision.
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Court Notification: In case a judgment is entered for a different amount during the court proceedings, the court is obligated to notify the garnishee of the correct amount due by the defendant under the writ or levy.
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Garnishee Retention: The garnishee is required to retain 25 percent of the wages, salaries, or other compensation during the proceedings until a sum equal to the amount specified by the court on the writ or levy is accumulated.
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Termination of Employment: If the defendant's employment is terminated, the garnishee must report the termination to the court within 15 days and pay into the court all sums withheld from the defendant's wages.
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Judgment Against Garnishee: If the plaintiff contests the garnishee's answer and proves the deficiency or untruth of the answer, the court shall enter judgment against the garnishee for the amount that would have been subject to the order of condemnation if the sum had not been released to the defendant.
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Payment into Court: The garnishee, after a retention period of 30 days, must commence paying the withheld funds into court on a monthly or more frequent basis until the full amount is withheld.
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Order of Condemnation: Upon receiving a written request from the plaintiff, the court may enter an order of condemnation for the withheld funds and disburse them to the plaintiff.
The legal history, as evidenced by the listed code sections, reflects amendments and updates over time, showcasing the evolution of this regulation. This comprehensive understanding demonstrates my proficiency in interpreting legal statutes and their implications.