How to stop wage garnishment
A garnish for your food might be just what you wanted, but a garnish on your paycheck will leave a bad taste in your mouth. If you get a message from someone in the payroll department that your wages are being garnished, it can feel like being kicked when you’re down.
Garnishment is a way that creditors can get a debt you owe paid by taking it directly from your paycheck. There are limits to how much can be taken each pay period, but if you’re already in a tough financial spot then any cuts to pay can make life very, very difficult.
There are a few steps to set up garnishment:
In most cases, the creditor first needs to get a judgment, which means suing you and getting a judge to issue a money judgment against you. Many of these are default judgments, granted because the debtor doesn’t show up in court. A court order is not needed for income tax, family support, and student loans in default.
The creditor then hires the county sheriff, who has the authority to enforce the judgment by garnishing your wages, which is also called “income execution.” The amount garnished will usually be ten percent of the gross amount.
Your employer gets an order from the sheriff to take the appropriate amount of money out of your check, to pay off that loan.
You should get notice every step of the way, but with a busy life this can sometimes come as a surprise.
The two easiest ways to stop a garnishment are
pay what is owed, or
If the debt is legitimate but you aren’t in a position to pay it, finding out if bankruptcy is a good alternative for you might be worth a few minutes. New York residents can get a free consultation by calling Selby Legal.
https://www.nolo.com/legal-encyclopedia/new-york-income-execution-wage-garnishment-law.html