Welcome to my blog and the reference point in my fight against an archaic, unjust family court system in Marshall County, Alabama. I plan on posting my thoughts, items of interest, and resources I find helpful in hopes that it can be helpful to someone else. Now take a deep breath. Here I go...

Please visit http://www.alfra.org for the only organization in Alabama that promotes the concept that children need each of their fit parents.

Tuesday, June 7, 2011

wages being garnished? check this out...

The following link is to the website lawhelp.org and is a form used to stop wage garnishments by debt collectors.  It does not apply to child support or court fines though.

Alabama Declaration and Claim of Exemption for Wages

It was made by the Alabama State Bar Association.  I am going to file one on my behalf today at the Marshall County Courthouse.  Because of Article X, Section 204 of the Alabama State Constitution (1901), you can exempt up to $1,000 in property and wages from being garnished for a debt. 

Once filed, the plaintiff has 10 days to contest the claim of exemption.  If they fail to do so, then those wages and property are automatically protected from garnishment.  If they do file a contest in time, then a hearing is set and a judge has to determine if the wages should be protected.  Basically, unless you have lied, he is constitutionally bound to grant the exemption.  That'll help keep those damn hyenas out of your paycheck!

Also, if you are getting your wages garnished, child support or any other, the minimum amount of money you can legally take home after all deductions and taxes is $217.50 per week.  This is mandated by federal law and is based on being 30 times the current minimum wage.

The above form will help you take home a little more to your family and maybe help you rest a little easier at night.  And they say our state constitution is outdated and draconian.  Well, I guess they are right if by that you mean that it protects too many of the private citizen's rights and doesn't let em tax us enough!   

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