Legal Question in Credit and Debt Law in New York

Wage Garnishment

Can Capital One Garnish my Wages? I live in New York State. Does my state allow this?


Asked on 6/17/08, 1:48 pm

2 Answers from Attorneys

Jeffrey Shepro Jeffrey Shepro PC: NY Commercial Real Estate and Business Law

Re: Wage Garnishment

New York State does allow a creditor to garnish wages in certain situations -- it happens frequently when there is a judgment against you. Depending on the facts of your case you may be able to fight the garnishment or vacate the judgment. More information is required to determine the proper course of action. If you would like to discuss please call.

Best,

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Answered on 6/17/08, 2:24 pm
Andrew M. Doktofsky Andrew M. Doktofsky, P.C.

Re: Wage Garnishment

A creditor can only have your wages garnished if it has a judgment entered against you in New York State. You should have received an income execution from the Sheriff (or NYC Marshall) before it was served on your employer. If the judgment was entered on default, then you may be able to have the judgment vacated. If you are a postal service employee or other federal government employee and/or you know that your wages are being garnished on the basis of an out of state judgment, please contact my office directly as soon as possible.

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Answered on 6/17/08, 2:28 pm


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