Brooklyn Wage Garnishment Lawyer

Wage garnishment can be a frightening experience. When creditors take money directly from your paycheck, it can feel like you have lost control of your financial future. You may worry about covering rent, buying groceries or paying for other essential living expenses for your family.

You are not alone. Many people face unexpected hardships, from medical emergencies to job loss, that make it difficult to manage debt. The good news is you have rights, and there are legal solutions available.

Attorney Gregory Messer has helped people in Brooklyn, the Bronx, Staten Island and Long Island find debt relief for over four decades. He provides compassionate counsel and has a deep understanding of New York’s wage garnishment laws.

Understanding The Wage Garnishment Process In New York

Wage garnishment, also known as an “income execution” in New York, is a legal tool that allows creditors to collect a portion of what you owe by taking money from your paycheck. The process may seem confusing, but it follows a clear legal path.

A Judgment Against You Starts The Process

Before a creditor can garnish your wages for a private debt, they must sue you in court and obtain a money judgment. You are always notified in advance of the lawsuit. Once a judge finds that the debt is legitimate, the judge grants the creditor a judgment.

Alternatively, if you ignore the lawsuit, the creditor can obtain a default judgment without a court appearance. After a judgment is secured, a creditor can begin the wage garnishment process. You will also receive a notice once the creditor obtains a wage garnishment order. The notice states:

• The court has authorized wage garnishment
• New York exemptions of money that cannot be garnished
• How you can challenge the garnishment

This notice is your first opportunity to take action and understand your options.

The Sheriff Completes The Process

With a judgment in hand, the creditor sends it to the sheriff’s department. The sheriff’s department then notifies your employer to withhold money from your paycheck to pay your creditor. Wage garnishment ends when the debt is fully paid or when the garnishment is successfully challenged.

The garnishment will continue with each paycheck until the debt is fully satisfied or a legal challenge is successful.

How Much Of Your Salary Can Be Garnished In New York?

A major concern when facing wage garnishment is how much of your paycheck will be taken. New York’s wage garnishment laws are designed to protect debtors by limiting how much a creditor can take. This ensures you still have enough income to cover your living expenses. The law sets the amount at the lesser of two figures:

• 10% of your gross wages: This is your total earnings before any deductions.
• 25% of your disposable income: This is your income after legally required deductions like Social Security and Medicare.

New York law also stipulates that a garnishment cannot reduce your weekly disposable income to less than 30 times the state or federal minimum wage, whichever is greater. If you earn at or below this amount, your wages cannot be garnished at all.

How A Brooklyn Wage Garnishment Lawyer Can Help

Facing a wage garnishment order can feel like a direct threat to your family’s financial security. However, you do not have to face it alone. An attorney can help you understand your rights and options.

A wage garnishment lawyer’s role is to guide you through every step of the process. This includes:

• Challenge the garnishment: New York courts can vacate judgments for compelling reasons, such as if the debt has already been paid or the amount of the garnishment is excessive.
• Negotiate with creditors: A lawyer can help you negotiate a new, more affordable payment plan with the creditor, potentially avoiding or stopping the garnishment.
• File for bankruptcy: For overwhelming debt, filing for bankruptcy can provide a powerful solution. When you file, an “automatic stay” is immediately put in place, which can stop a wage garnishment entirely.

Ultimately, an experienced attorney serves as your advocate, protecting your rights and exploring every possible avenue to help you regain control of your finances.

With over 45 years of experience, Mr. Messer has an unparalleled understanding of the entire debt relief system. As a board-certified lawyer in consumer bankruptcy since 1995 and a Panel Trustee in the southern and eastern districts of New York since 1980, his skills helps him make even the most anxious clients feel at ease.

Contact A Brooklyn Wage Garnishment Lawyer Today

If you live in the New York City area and think wage garnishment may be an issue, contact us online or at 347-943-8475 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, the Bronx, Manhattan, Staten Island and Long Island.

To ensure every client receives the personal attention he or she deserves, the Law Office of Gregory Messer is an appointment-only law firm with flexible hours adjustable to fit your needs.

We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.