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Section 35 12 18 Garnishment; Form of Writ Justia Law

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Section 35 12 18 Garnishment; Form of Writ Justia Law

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this is John Watts I'm a consumer protection attorney in Birmingham Alabama and often we are asked about garnishment and specifically people ask us when a debt collector says that you will be garnished is that legal or is that illegal well a couple things to look at if a judgment exists against you then garnishing your wages or your bank account may very well be legal now there are some exceptions based on uh you have certain type of exempt funds certain type Social Security funds but as a general rule if there's a judgment against you then you are subject to being garnished now if there's no judgment against you then to garnish you would be illegal to threaten you with garnishment would be illegal under most circumstances now one big exception is federal student loans uh there the government does not have to go through the court to be able to garnish your wages it does have to go through an administrative type hearing so there still has to be an order or permis

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