Garnishment is when money is legally withheld from your paycheck and is used to pay for outstanding debt. A third party will essentially deduct 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.
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.
Let our team help you regain control of your finances. Contact our New York wage garnishment attorneys today at (516) 217-4488 to schedule a case review!