Wage Garnishment in New York
Have Your Wages Been Garnished?
Wage garnishment occurs when a creditor files a lawsuit against you and obtains a judgment in their favor. With this legal judgment, a creditor can obtain a court order which is presented to your employer. Your employer then must withhold a certain portion of your wages to repay your debt. The laws concerning all of this are complex.
As you may have seen in the news, many banks and credit agencies have become very reckless and negligent in following standard procedures of all kinds; the same can be found in wage garnishment. If you feel your wages have been unjustly garnished you need to immediately seek the services of a debt collection defense attorney from the Law Office of Abel L. Pierre, Attorney at Law, P.C. We are resolute in our fight against abuses against consumer rights. As a member of the National Association of Consumer Advocates , our office is uniquely qualified to offer you superb legal counsel, no matter what your circumstances are.
Limits on Wage Garnishments in New York
There are Federal laws that limit income amounts that can be garnished from your paycheck. This limit is placed to allow for other living expenses. In the state of New York, creditors can garnish either of the following:
- 10% of your gross wages or
- 25% of your disposable income whichever is lesser or
- If the amount of your disposable income exceeds 30 times the minimum wage.
If your disposable income is less than 30 times the minimum wage, your income cannot be garnished from you. Our debt collection defense attorneys can help you if your income is being garnished and what options you have.
Stopping Wage Garnishment
You may be able to lift the garnishment judgement order if you vacate it in court. If you successfully are able to vacate the order your wages may no longer be garnished. Our team of experienced debt collection defense lawyers can help you vacate the judgement by filing court forms and appearing in court.
New York City Debt Collection Defense Lawyer
If your wages have been garnished because you are overwhelmed with debt and unable to see a way out, we can probably assist you. Enduring the constant hassle and upsetting phone calls is pointless. We have found that most honest, decent people who find themselves buried in debt will continue to hold out hope that they will be able to pay them off. Truthfully, it's like going through life with a huge weight chained to your foot which is preventing you from moving forward. There are options open to you; legal options. To gain a full understanding of what those options are and which are the best for you, you must meet with an attorney at our firm.
Contact a lawyer today to begin solving your debt situation.