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BizAttorney
BizAttorney, Attorney
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We live in Texas, but my husband works in Alabama (we have

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We live in Texas, but my husband works in Alabama (we have a home there). We are facing a lawsuit over an unpaid for motorhome at about $25,000. If a judgement is issued against us, can his wages be garnished? Are there any exemptions allowed?

BizAttorney :

Good evening! I can help you out with your legal question tonight.

BizAttorney :

In order to help you, I need to ask you a few quick questions. Where are you located right now? Still in TX?

BizAttorney :

But work in Alabama correct?

BizAttorney :

Also, where is the lawsuit taking place? Is it in TX or Alabama?

BizAttorney :

I will presume that your suit is in Texas. If your creditor wins the suit and gets a judgment against you for $25,000, then they can garnish wages froma bank in Texas. So if your husband works in Alabama, but has a bank in Texas, then the creditor can freeze that account and then take the money in said account.

BizAttorney :

If you put your husband's income in a bank in Alabama, then they could seize that account and freeze his wages if they: (1) domesticate the Texas judgment in Alabama;

BizAttorney :

(2) Get a Writ of Garnishment from the Alabama Court;

BizAttorney :

(3) Get a writ of execution from the Alabama Court;

BizAttorney :

(4) Serve the writs on a bank that you own and know your account number.

BizAttorney :

They can only garnish up to 25% of his gross income and nothing more than that.

BizAttorney :

However, they can seize more than that from a bank account.

Customer:

Are there exemptions for head of household? Or other exemptions?

BizAttorney :

No, those are income tax exemptions. The exemptions you are looking for would be: social security income, disability income, etc.

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