Wage Garnishment in New York Law
Prevent creditors from taking money out of your paycheck
If you are unable or choose not to pay your debts, your creditors can take various legal actions against you to collect the money you owe. One action they can take is garnishment of wages. In NYS it is perfectly legal to do so.
A judgment against you starts the process
Before a creditor can take money from your paychecks, the creditor must apply to the court for a judgment against you. You are notified in advance of the creditor’s lawsuit. Once a judge finds that the debt is legitimate, the judge grants the creditor a judgment against you. Alternatively, if you ignore the lawsuit against you, after waiting a sufficient time, the creditor can obtain a default judgment against you without appearing before a judge. Either way, after obtaining a judgment against you, wage garnishment in NY may begin. You also receive a notice once the creditor has obtained a wage garnishment judgment against you. The notice states:
- That the court has authorized wage garnishment
- NY exemptions of moneys that cannot be garnished
- How you can challenge the garnishment
The sheriff completes the process
Having a judgment against you, the creditor sends it to the sheriff’s department to take action. The sheriff’s department then notifies your employer to withhold money from your paycheck to pay to your creditor. Wage garnishment ends when the debt is fully paid or when the garnishment is successfully challenged.
Dunbar Law attorneys can help you challenge wage garnishment
New York courts can vacate judgments for wage garnishment if you have a compelling reason, such as:
- The debt is already paid
- You have filed for bankruptcy
- The wage garnishment amount is excessive
- The wage garnishment is mistaken or invalid
Let an experienced NY attorney help you avoid wage garnishment by your creditors
If you live in the New York City area, contact the Law Office of Gregory Messer online or at 718.717.2368 to schedule a free initial consultation. Our office is located across the street from the U.S. District Bankruptcy Court in Brooklyn and is close to the Borough Hall and Court Street subway stations. We serve residents throughout Brooklyn, Bronx, Manhattan, Staten Island and Long Island.
To ensure every client receives the personal attention he or she deserves, we are an appointment-only law firm with flexible hours adjustable to fit your needs.