If you have just been notified that your paycheck will be garnished you need to act immediately. The wage garnishment is most likely the result of a judgment being filed against you. You may or may not even have known that you were sued, and that the judgment was entered against you. If you want guidance on what to do next, please call our offices today. Our experienced debt defense attorneys will explain the process to you and make a plan of attack to get you the very best results possible.
What Is a “Wage Garnishment”?
A wage garnishment, or income execution, is the process whereby your employer is required by law to withhold money from every paycheck until the debt you owe is repaid in full, plus any interest that it accrues.
In New York creditors may only garnish up to 10% of your gross wages or 25% of your disposable wages, whichever is less, although there are certain exceptions to this rule.
When Can a Creditor Garnish Your Wages in New York?
For the most part, in order for a creditor to begin garnishing your wages, they must first obtain a judgment against you in Court. In order to obtain a judgment, they must first file a lawsuit against you and then notify you of this lawsuit with the service of a Summons & Complaint. However, for a variety of reasons, some legitimate and some not, proper notice is not always given to the person being sued.
Can I Be Fired Because of a Wage Garnishment?
Federal law states that your employer cannot discharge you if you have one wage garnishment. In New York State, your employer cannot fire you, refuse to promote you, or take any negative action against you, solely because of an income execution.
What Can I Do To Stop A Wage Garnishment?
If you are facing a wage garnishment please contact our offices today to schedule a free consultation. We will review your case, listen to your concerns, and develop a plan that best suits your needs. We have been defending consumer rights since 1999. We have the knowledge, experience, and winning track record you need to stop your wage garnishment.
Contact us at 212-248-7906 or fill out the form below