By: Robert J. Nahoum
What is wage garnishment?
Wage garnishment is a legal process where a creditor with a court judgment orders your employer to withhold part of your paycheck to pay a debt. In New York, creditors must first sue you, win, and obtain a judgment before they can garnish your wages.
What does a notice of wage garnishment mean?
A notice of wage garnishment (or income execution) means a judgment has been entered and the creditor is now enforcing that judgment against your wages. The notice usually comes from a marshal, sheriff, or support collection unit and tells you how much will be taken and how to object or claim exemptions.
How much of my wages can be garnished in New York?
Federal law generally caps garnishment at the lesser of 25% of your disposable earnings or the amount over 30 times the federal minimum wage. New York law is more protective: if you earn less than about $465 per week after taxes, your wages cannot be garnished, and above that, typically up to 10% of your gross pay may be taken, with only one creditor garnishing at a time.
What should I do immediately after receiving a wage garnishment notice?
Act quickly; ignoring the notice will not stop the garnishment and can make things worse. As soon as you receive it, carefully read the notice, calendar any hearing or objection deadlines, and gather pay stubs, bank statements, and any documents showing your income and essential expenses.
Can I object to the wage garnishment?
Yes, you usually have the right to request a court hearing to challenge the garnishment or ask that the amount be reduced due to hardship. Many states, including New York, allow you to argue that your income is exempt, the calculations are wrong, or the garnishment leaves you unable to afford basic living expenses.
What if I never knew about the lawsuit or judgment?
If your wages are being garnished on a default judgment you never knew about, you may be able to ask the court to vacate (set aside) the default. Vacating a default judgment can stop the garnishment and reopen the case so you can defend the lawsuit or negotiate from a stronger position.
Are any of my wages or income exempt?
A portion of your wages is always protected from garnishment under federal law, and low‑income workers may have paychecks that are fully exempt. Certain income such as some benefits, public assistance, and a minimum percentage of earnings may be protected under New York exemption rules, which you can raise at a hearing or in exemption claim forms.
How can I reduce the amount being taken from my paycheck?
Courts in many jurisdictions allow you to request a reduction based on financial hardship, especially when garnishment prevents you from paying rent, utilities, food, or medical expenses. You may also negotiate directly with the creditor for a voluntary payment plan that replaces or reduces the garnishment, though any agreement should be confirmed in writing.
Can I negotiate with the creditor instead of being garnished?
Yes, negotiating a lump‑sum settlement or a structured payment plan can sometimes persuade a creditor to suspend or release the wage garnishment. Creditors may be open to negotiation if you respond promptly, show your budget, and demonstrate that a voluntary plan is more realistic than ongoing garnishment.
Will my employer fire me because of a wage garnishment?
Federal law prohibits an employer from firing you over a wage garnishment for a single debt, although protections can be weaker if there are multiple garnishments. New York law also restricts employer retaliation, and an employer that disciplines or fires an employee solely because of one garnishment risks legal consequences.
How long will the wage garnishment last?
The garnishment usually continues until the judgment, interest, and costs are paid in full, or the court orders it modified, suspended, or terminated. Filing bankruptcy, vacating a default judgment, or entering a court‑approved repayment arrangement can shorten or stop the garnishment in some cases.
What records should I keep while my wages are being garnished?
Keep copies of the garnishment notice, court papers, pay stubs showing amounts withheld, and any correspondence with the creditor, marshal, or sheriff. Detailed records help verify that the correct amount is being taken and support any motion, hearing, or complaint you may file if there are errors.
When should I talk to a consumer protection or debt collection attorney?
You should consult an attorney if you never received notice of the lawsuit, believe the debt is not yours, think the amount is wrong, or the garnishment creates severe hardship. A New York consumer protection and debt collection lawyer can review your judgment, explain your rights under federal law and New York’s more protective garnishment rules, and help pursue options such as vacating a default, asserting exemptions, negotiating a settlement, or using bankruptcy where appropriate.
Take Action Now
If your wages are being garnished, don’t wait. The Law Offices of Robert J. Nahoum, P.C. defends consumers across New York in debt collection cases.
Contact us today at (845) 232-0202 or visit www.nahoumlaw.com for a free consultation.
Disclaimer: This post provides general information and does not constitute legal advice. Laws regarding minimum wage and exemptions are subject to change; always consult with an attorney regarding your specific case.