Garnishment is when money is legally withheld from your paycheck and is used to pay for outstanding debt. A third party will essentially dedudt payments directly from your wage or bank account if you’ve failed to pay off your debt. Wage garnishment is an overwhelming process that can leave many people feeling that they don’t control their funds. Our New York wage garnishment attorneys explain the circumstances in which garnishment occurs in New York.
New York Garnishment Law
New York limits the amount that a creditor can garnish from a person’s wages to repay debts. New York garnishment laws, also known as income executions, only allow creditors to take up to ten percent of your gross income.
For a creditor to garnish your wages, they need to obtain a court order that requires your employer to withhold a certain amount of money from your paycheck to fulfill the outstanding debt. However, the creditor can’t take your entire check because there are legal limits that indicate how much the creditor can take.
When a Creditor Can Garnish Wages in New York
Creditors can only garnish wages with certain types of debts. A creditor can withhold a fraction of your income if you have unpaid income taxes, court-ordered child support, arrears, or defaulted student loans. The creditor must obtain a court judgment stating that you owe the creditor money to withhold your income. The court would then have to grant the creditor permission to take funds from you.
How To Object to Wage Garnishment
To object to wage garnishment, follow these steps:
- Understand the process: Learn about the wage garnishment laws and regulations in your jurisdiction. Research the specific rules and procedures that apply to your situation.
- Review the notice: Carefully read the garnishment notice from the creditor or court. Take note of important details like the garnishment amount and the reason for the garnishment.
- Gather supporting documents: Collect relevant documents that support your objection to the wage garnishment. These may include pay stubs, financial records, exemption proofs, or any evidence showing your inability to afford the garnishment or its improper nature.
- Seek legal advice: Consult with an attorney specializing in debt collection or consumer rights. They can provide guidance on the specific laws in your jurisdiction and help you prepare a formal written objection.
- Prepare your objection: Work with your attorney to draft a written objection to the wage garnishment. Clearly state the reasons for your objection and provide supporting evidence. Follow any formatting or filing requirements specified by the court.
- File your objection: Submit your objection to the court or relevant entity within the specified time frame indicated in the garnishment notice. Adhere to all filing deadlines and procedures.
- Attend the hearing: If a hearing is scheduled to review your objection, make sure to attend and present your case. Bring any supporting documents and be prepared to present your arguments to the judge or hearing officer.
- Follow court instructions: Comply with any instructions provided by the court regarding the objection process. Respond promptly to any requests for additional information or documentation.
The steps and procedures for objecting to wage garnishment can vary by jurisdiction. It is highly recommended to consult with an experienced wage garnishment attorney near you to understand the applicable laws and procedures in your area and to ensure the best possible outcome for your case.
New York Wage Garnishment Attorneys
If you face wage garnishments, you need an experienced attorney on your side to fight for your rights. Our team at Jacovetti Law, P.C. has helped clients resolve their debts and discover financial stability throughout New York. We are dedicated to helping you gain control of your financial life and stop harassment from creditors. We can review your case and find a solution to your problem.