Legal Question in Credit and Debt Law in New York

a cc co. have put a 10% garnishment on my salery, can i go bankrupt and remove them? i can not afford to live on whats left already have childsupport and back child support being removed from my check. two more c.c. co. also will be soon does that mean 30% of my salery?

Asked on 9/29/11, 10:59 am

1 Answer from Attorneys

Andrew M. Doktofsky Andrew M. Doktofsky, P.C.

A bankruptcy filing will stop wage garnishments. You may also be able to recover wages that have been garnished in the 90 days preceding the bankruptcy filing if the amount exceeded $600. Wage garnishment for child support will continue even if you file for bankruptcy.

Wage garnishment is limited to 10% of your gross salary and only one creditor at a time can garnish your wages. This does not apply to child support creditors.

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Answered on 9/29/11, 11:17 am

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