Understanding Wage Garnishments in Montgomery, Alabama

December 25, 2025

Understanding Wage Garnishments in Montgomery, Alabama

Wage garnishment is a legal process where a creditor obtains a court order requiring your employer to withhold part of your paycheck to pay a debt. This can include unpaid credit cards, medical bills, taxes, student loans, or child support. While the process may feel overwhelming, it’s important to remember that you still have rights — and legal options to protect your income.


In Montgomery, Alabama, Attorney Gary Backus at Backus Law Group helps clients navigate wage garnishment laws, defend against unfair collection practices, and explore strategies to regain financial stability. Understanding the process is the first step toward taking back control of your finances.

How Wage Garnishment Works in Alabama

In Alabama, most creditors must file a lawsuit and obtain a judgment before garnishing your wages. Once approved by the court, your employer will be instructed to withhold a portion of your paycheck and send it directly to the creditor.


Typically, creditors can garnish up to 25% of your disposable income (your earnings after taxes and mandatory deductions). However, specific types of debts, such as child support or federal student loans, may have different limits.


If multiple garnishments are ordered, your take-home pay can quickly diminish — leaving you unable to cover basic living expenses. That’s why seeking immediate legal help is so important.


Your Rights During Wage Garnishment

Even when creditors have the right to garnish wages, Alabama law protects you from excessive or unfair garnishment. You have the right to:


  • Receive written notice before garnishment begins.
  • Claim exemptions for income necessary to support yourself and your dependents.
  • Challenge the garnishment if the debt is invalid, already paid, or if you were not properly notified of the judgment.
  • Seek bankruptcy protection, which can immediately halt wage garnishment through an automatic stay.


Attorney Gary Backus will review your financial situation, determine if the garnishment was legally issued, and take swift action to protect your income.


How to Stop Wage Garnishment in Alabama

There are several legal ways to stop or reduce a wage garnishment, depending on your situation:

  1. Negotiate with the Creditor – In many cases, creditors may agree to a lump-sum payment or reduced settlement to end the garnishment.
  2. File an Objection – If there are procedural errors or the debt is inaccurate, a formal objection can stop or delay the garnishment.
  3. Claim Exemptions – Certain income sources, such as Social Security or disability benefits, cannot be garnished.
  4. File for Bankruptcy – Filing Chapter 7 or Chapter 13 bankruptcy provides immediate relief through an automatic stay that stops all collection efforts, including wage garnishment.


At Backus Law Group, Gary Backus will evaluate your options and craft a personalized strategy that helps you regain financial control and protect your hard-earned income.


Why Choose Backus Law Group

When creditors come after your wages, having a knowledgeable and compassionate attorney on your side can make all the difference. Gary Backus has decades of experience helping clients in Montgomery, Clanton, and surrounding Alabama areas navigate debt collection, bankruptcy, and financial hardship.

His approach is simple: treat every client with respect, transparency, and commitment. You’ll receive personalized legal advice designed to protect your wages, reduce your debt, and restore your peace of mind.


Take Control of Your Financial Future

If your paycheck is being garnished or you’ve received notice that it might be, don’t wait to act. The sooner you seek help, the more options you’ll have to protect your income and avoid further financial strain.


Contact Backus Law Group today for a consultation with Attorney Gary Backus — your advocate for financial relief and protection.

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