By: Robert J. Nahoum What Is Wage Garnishment in a Debt Collection Case? Wage garnishment (called an “income execution” in New York) is a post-judgment remedy where a debt collector takes money directly from your paycheck to satisfy a court judgment obtained in a consumer debt lawsuit. Unlike tax agencies or child support enforcement, private debt collectors must first sue you, […]
FAQ: Wage Garnishment in New York – What Consumers Need to Know
New York Judgment Exemptions FAQ – What Can Debt Collectors Take?
By: Robert J. Nahoum What are judgment exemptions in New York? Judgment exemptions are protections in New York and federal law that keep certain income and property safe from most judgment creditors’ reach. These rules limit what debt collectors can take through wage garnishments, bank restraints, and property levies, even after they win a judgment against you. If a debt […]
NYC Marshal Ronald Moses – Wage Garnishment: Defending Against Debt Collection Enforcement
By: Robert J. Nahoum Who is Marshal Ronald Moses? Marshal Ronald Moses, badge #10, is a prominent NYC City Marshal based at 111 John Street, Suite 500, New York, NY 10038. He works with debt collection law firms across NYC to execute Civil Court judgments, including bank restraints and wage garnishments, earning commissions like 5% poundage on collections. In 2010, […]
Who Is Marshal Bienstock and How Does He Garnishee Wages in New York City?
By: Robert J. Nahoum Who is Marshal Martin Bienstock? Martin A. Bienstock is a New York City Marshal (Badge No. 75) who works with debt collection law firms across New York City to execute judgments by garnishing wages and restraining bank accounts. NYC marshals are public officers appointed by the Mayor, but they are not salaried city employees and instead […]
Who Are the New York City Marshals in Debt Collection (and What Can They Do to You)?
By: Robert J. Nahoum Who Are New York City Marshals? New York City Marshals are independent public officials appointed by the Mayor to enforce civil court judgments, including consumer debt collection judgments in the five boroughs. They are not salaried city employees; instead, they earn statutory fees and a percentage (often called “poundage,” up to 5%) of the money they […]
How New York Debt Collection Lawyers Use Wage Garnishments (Income Executions) to Enforce Judgments
By: Robert J. Nahoum What Is a Wage Garnishment (Income Execution) in New York? In New York, wage garnishment is called an income execution and is governed primarily by CPLR §5231. An income execution is a court-backed order directing that a portion of a judgment debtor’s paycheck be withheld and paid toward a debt collection judgment. Before a creditor can garnish wages, […]
Wage Garnishment in New York vs. Federal Student Loan Administrative Wage Garnishment: FAQ
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 […]
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 […]