Montgomery, AL asked in Employment Law for Alabama

Q: I need help. I am getting my wages garnished due to a medical bill that I have not had the money to pay b/c of Covid-19

I’ve been affected by COVID-19 twice in the last 8 months and have not had a steady pay due to not being able to work. I was sick with it twice and I do not have a full time position job or even part time. I am only as needed so I get about 25-35 hours a week and I get paid bi weekly so it’s very hard to keep me and my four year old son afloat during these circumstances. I have tried to get in touch with affinity hospital in all ways except personally going down there.

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1 Lawyer Answer
Sarah S. Shepard
Sarah S. Shepard
PREMIUM
Answered
  • Huntsville, AL
  • Licensed in Alabama

A: I'm sorry to hear about your situation. That sounds very hard. Alabama law allows people with judgments against them to exempt the first $1,000.00 of each month's wages from garnishment by a creditor (including a hospital). Here is a new story about the exemption:

https://www.al.com/news/2020/01/alabama-court-protects-paychecks-from-debt-collectors.html#:~:text=The%20Alabama%20Court%20of%20Civil,eliminating%20protection%20from%20debt%20collectors.

You will need to file a Notice of Exemption with the court for this to take effect.

Otherwise, your other option is either a Chapter 7 or a Chapter 13 bankruptcy, which will lead to a release or the current wage garnishment. I'd recommend you discuss this further with a bankruptcy attorney.

Good luck!

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