$0 Alabama Small Claims Collection Checklist

How to Garnish Wages in Alabama After a Judgment

You have an Alabama judgment. The debtor has a job. Wage garnishment is usually the most reliable way to collect because the money comes straight from the employer's payroll — the debtor never touches it. Here's the entire process, from the paperwork to the paycheck deductions.

Prerequisites Before You File

Three things must be true before you can garnish wages:

  1. You have a final money judgment from the District Court's Small Claims Division (or any Alabama court).
  2. The 14-day appeal period has passed. If an appeal was filed, check whether a supersedeas bond, cash security, or other court order stays execution; an appeal by itself does not automatically stay collection.
  3. You know the debtor's employer — specifically, the employer's correct legal name. Getting this wrong means the garnishment goes nowhere. If you don't know who employs the debtor, you'll need to use post-judgment discovery first (Rule 69 interrogatories or Form C-58).

File the Process of Garnishment (Form C-21)

Go to the District Court Clerk's office in the county where your judgment was entered. You'll file:

  • Form C-21 (Process of Garnishment) — the core document that initiates garnishment
  • Form C-24A_C (Garnishment Provisions) — a statutory attachment detailing withholding thresholds, included with the C-21
  • Filing fee — fees vary by county: $30 in Cherokee, Jefferson, and Jackson Counties, and $90 in Escambia County. Confirm the current fee with the clerk. Payment must be by money order, cashier's check, or cash; personal checks are not accepted by district court clerks.

The C-21 requires the judgment amount, case number, debtor's name, and the garnishee employer's legal name and address.

Service on the Employer and Debtor

After the clerk processes your filing, the next step is service:

  • The County Sheriff (or a private process server) serves Form C-21 on the employer along with Form C-24D (Notice to Defendant of Right to Claim Exemption from Garnishment).
  • Form C-24D must also be served on the debtor, informing them of their right to claim an exemption.

Sheriff service fees vary by county: $10 per service in Jackson County, $20–$25 in Jefferson County, and $25 per party in Cherokee County.

Free Download

Get the Alabama Small Claims Collection Checklist

Everything in this article as a printable checklist — plus action plans and reference guides you can start using today.

The Employer's Response

Once served, the employer has 30 days to file a Garnishee's Answer (Form C-22). This form states whether the debtor is employed, what they earn, and how much can be withheld under the statutory limits.

If the employer confirms employment, withheld funds are remitted to the District Court Clerk, who disburses them to you.

If the employer fails to answer within 30 days, you can ask the court to enter a conditional judgment against the employer. That usually gets their attention.

How Much Gets Withheld

Alabama follows federal garnishment limits under 15 U.S.C. § 1673 and Ala. Code § 6-10-7. The maximum withholding per pay period is the lesser of:

  • 25% of disposable earnings, or
  • The amount by which disposable earnings exceed 30 times the federal minimum wage ($7.25/hour = $217.50/week)

Disposable earnings means gross pay minus mandatory deductions (federal and state taxes, FICA, Medicare). Voluntary deductions like health insurance or 401(k) contributions don't reduce the disposable earnings figure.

If the debtor's weekly disposable earnings fall below $217.50, nothing can be garnished.

What Happens If the Debtor Claims an Exemption

The debtor can file a claim of exemption (or Form PS-20, Motion to Stop Wage Garnishment) arguing that their wages are protected. Common grounds include income below the statutory floor or that the garnished funds are needed for basic necessities.

When the debtor files an exemption claim, the court notifies you. You have 10 calendar days under Ala. Code § 6-10-26 to file a Contest of Claim of Exemption. Miss that window and the court releases the garnished funds back to the debtor automatically.

Releasing the Garnishment

Once the judgment is fully satisfied, file a Garnishee Release (Form C-23) with the District Court Clerk and serve it on the employer. Continuing to garnish wages after the debt is paid exposes you to liability for improper conversion.

Get the Complete Process

Wage garnishment is one of several enforcement tools available in Alabama. The Alabama Judgment Collection Guide covers the full sequence — including bank account garnishment, property execution, judgment liens, and asset discovery — with the forms, fees, and worked examples for each step.

Get Your Free Alabama Small Claims Collection Checklist

Download the Alabama Small Claims Collection Checklist — a printable guide with checklists, scripts, and action plans you can start using today.

Learn More →