Marshal's Notice & Sheriff's Notice
New York Wage Garnishment & Bank Levies Attorney
At the Law Offices of Abel L. Pierre, Attorney at Law, P.C. we are committed to protecting the rights of debtors throughout the state of New York. If you have received notice of a levy or garnishment from the Marshal’s or Sheriff’s office, then you need to get in touch with our law firm to find out what we can do to save your paycheck or bank accounts. We can build a strong legal strategy that will allow you to either fight, discharge, or settle your debt for a lower amount. Let our skilled lawyers find a solution to your debt issues today!
What Is Wage Garnishment?
Wage garnishment occurs when a court orders your employer to take a portion of your paycheck and set it aside to pay off a private debt you owe, such as credit card debt, private student loan debt, medical debt, and bank loan debt.
How Much Can My Employer Garnish?
The amount of wages that can be taken from your paycheck for a private debt varies. Your wages can’t be garnished if your disposable income is $450 per week or less. If your disposable income is more than $450 per week, then creditors can garnish up to 10% of your gross income or 25% of your disposable income for the week. Disposable income is how much money you keep after tax deductions are taken from your paycheck.
How Does Wage Garnishment Work?
The following are the steps that must be completed to garnish your wages for unpaid debts:
- Collection for a private debt starts with a lawsuit in Civil, Supreme, or District court.
- The court must order wage garnishment to be initiated to pay the debt.
- Creditors then send the garnishment notice to the New York City Marshal or Sheriff.
- The Marshal or Sheriff must serve you with a copy of the wage garnishment order within 20 days.
- After you have been served with the wage garnishment order, you have 20 days to call the Marshall or Sheriff to set up a voluntary payment plan.
- If you do not respond to the wage garnishment order within 20 days, then the Marshall or Sheriff will serve the wage garnishment order to your employer to begin taking funds from your paychecks.
What Should I Do If My Bank Account Is Frozen?
In addition to wage garnishment, creditors can also levy or freeze your bank account so you can’t access your funds. So while you can still put money into your account, the levy prevents you from withdrawing anything and instead gives your creditor a direct link to your account. In order to freeze your bank accounts, the creditor must first obtain a judgment from the court. After your bank account is frozen, you will be sent a form with instructions for how to un-freeze or release your accounts.
FAQ: Frozen Bank Accounts
Here are a few answers to some of the common questions we are asked by clients when they discover their bank accounts have been levied or frozen:
Question #1: What does it mean to “vacate” a judgment against me?
A: When you vacate a judgment, the order against you is erased and your account funds are immediately released.
Question #2: Does the bank have to notify me before freezing my account?
A: Banks are not legally bound to inform you that they are freezing your account after receiving a restraint notice.
Question #3: Is any of my income exempt from debt collectors?
A: The following directly deposited benefits are exempt under the Exempt Income Protection Act (EIPA):
- Child support
- Spousal maintenance
- Railroad retirement benefits
- Black Lung benefits
- Unemployment insurance
- Public assistance
- Veterans benefits
Dedicated Wage Garnishment Lawyer
Do you need legal advice regarding wage garnishment or bank levies? If so, get in touch with our compassionate legal professionals at The Law Offices of Abel L. Pierre, Attorney at Law, P.C. to discuss the details of your case. We have the extensive resources and knowledge of the law that you need on your side to pursue a fair case result.