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Wage Garnishment In Ny State

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    Wage Garnishment In Ny State

    I read an article that the maximum amount they can garnish in NY State is 10% of gross earnings for CC debt. Does anyone know if this is true? Also, Would this be true if there was a garnishment allowed for a 'deficiency' from a foreclosure? I ask because that wouldn't be considered CC debt, however it would be unsecured debt.
    Also, what if there is more than one garnishment judgement? Are they only allowed to garnish one at a time?
    Thanks for your input!!

    #2
    I found this about NY Wage Garnishment:

    New York Wage Garnishment

    The maximum amount recoverable is ten percent (10%) of gross income, or the federal maximum, whichever is less.

    If the debtor is subject to garnishment for alimony, support or maintenance, the combined garnishments cannot exceed twenty-five percent (25%) of disposable earnings.

    Income executions are prioritized by order of delivery to the Sheriff, but garnishments for alimony support or maintenance always take priority.

    The execution is a two-stage process. First, the sheriff serves the execution on the debtor at his or her residence. If the debtor does not begin making payments within twenty (20) days, the sheriff levies on the employer

    http://www.fair-debt-collection.com/...hments.html#33

    Federal law exempts from garnishment 75% of disposable earnings per week, or an amount up to thirty times the federal minimum hourly wage (currently $5.15), whichever is greater. Some states still have wage garnishment laws in place; however, when the federal law provides a larger exemption than the state law, the federal law supersedes the state law.

    http://www.bcsalliance.com/y_debt_st...nishments.html

    It looks like Unsecureds are placed in the order they file. If you owe a Priority payment, Priority payments get preference. You might have to pay more than 10%, up to a max of 25% with the Priority payments being paid first.

    Sounds like, if all you have are Unsecureds, 10% is all they can take.

    Once a house is Foreclosed upon, the underlying property that Secured the loan is gone. The deficiency balance then becomes an Unsecured. If you owe more than 1 Creditor, Creditors will be paid on a first come, first served basis, up to the 10% limit. Or the Federal limit. Whichever Exemption is greater.

    As always, you'll want to confirm that info with an attny.
    Filed Ch 7 - 09/06
    Discharged - 12/2006
    Officially Declared No Asset - 03/2007
    Closed - 04/2007

    I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

    Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

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