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.

Related Topics:
1 Lawyer Answer
Sarah S. Shepard
PREMIUM
Answered

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!

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.