By: Robert J. Nahoum Wage garnishment for unpaid debts in New York is very different from federal administrative wage garnishment for defaulted federal student loans, especially in how the order is issued, how much can be taken, and what rights you have to challenge it. Understanding these differences helps New York consumers decide whether to fight the garnishment, negotiate, or look at […]
Wage Garnishment in New York vs. Federal Student Loan Administrative Wage Garnishment: FAQ
How to Respond to a Wage Garnishment Notice in New York: FAQ Guide
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 […]
FAQ: How to Respond to a Frozen Bank Account or Wage Garnishment in New York
By: Robert J. Nahoum Finding out your bank account is “restrained” (frozen) or that your paycheck is being garnished can be a terrifying experience. In most cases, these aggressive collection tactics happen because a “default judgment” was entered against you—often without you even knowing you were being sued. At The Law Offices of Robert J. Nahoum, P.C., we help New […]
NY Bans Medical Debt Judgment Liens and Wage Garnishments
By: Robert J. Nahoum On November 23, 2022, New York Gov. Kathy Hochul signed legislation banning and wage garnishments and home judgment liens in medical-debt collection cases. No one should face the threat of losing their home or falling into further debt after seeking medical care, Governor Hochul said. “I’m proud to sign legislation today that will end this harmful […]
Can Wages be Garnisheed During the Corona-Economy?
While sheltered in place and so many businesses closed, the Covid-19 pandemic is causing extraordinary economic distress for so many working families. As we all stockpile food and supplies, every penny we earn is precious and necessary to keep our families safe and comfortable during this crisis. Few of us can afford to give up 10% of our salary to […]
New York Wage Garnishments During the Corona-Economy
THE PROBLEM While sheltered in place and so many businesses closed, the Covid-19 pandemic is causing extraordinary economic distress for so many working families. As we all stockpile food and supplies, every penny we earn is precious and necessary to keep our families safe and comfortable during this crisis. Few of us can afford to give up 10% of our […]
Can a Debt Collector Garnishee My Unemployment Check to Satisfy a Judgment in New York?
By: Robert J. Nahoum THE PROBLEM: You’ve lost your job and fallen on hard times.  Debt collectors have been after you, some have even sued. A judgment has now been entered against you. You are on a fixed budget and your only source of income is unemployment. You’re worried that the debt collector will garnishee your unemployment check. Can they […]
What is the New York Exempt Income Protection Act?
By: Robert J. Nahoum A debt collector with a New York state court judgment has a powerful tool at its disposal to enforce the judgment and collect money from the judgment debtor called a restraining notice. A restraining notice is a judgment enforcement device that restrains anyone holding property of the judgment debtor from releasing that property. The most common […]
Debt You Thought You Paid Off Through Debt Settlement
By: Robert J. Nahoum THE PROBLEM: I have written before about debt settlement and how it works. To be clear, I am no fan of debt settlement and think that it is generally a bad idea for any consumer. In my opinion, the better mechanism for dealing with debt is usually a chapter 7 bankruptcy. A common problem we see […]
Can You Have Your Wages Be Garnisheed by More Than one Judgment Creditor at a Time?
By: Robert J. Nahoum THE PROBLEM The economy has been rough for so many working people. Like many others you relied on credit cards to make ends meet between jobs. Now that you’re working again, you’re trying to pick up the pieces. The credit card companies don’t care what your story is, they don’t care how you got where you […]