Wage Garnishment

Long Island Wage Garnishment Attorney

Protecting Clients from Garnishments and Banking Restraints in New York

Perhaps one of the most frustrating and frightening things these days is going to your bank account and learning it has been restrained by a third party or receiving your paycheck and learning your wages are being garnished by a creditor, the Marshal or Sheriff.

If you just received notice of a banking restraint or garnishment, The Law Office of Gregory A. Goodman, P.C. can help you explore your legal rights and options. Time is of the essence, and we will work expeditiously to get your banking restraint lifted and your garnishment vacated. Our law firm has successfully lifted banking restraints and vacated executions and garnishments for a number of clients. In fact, we have cases whereby we have successfully filed affirmative actions against creditors and third-party collectors for violating our client’s rights and the law.

Worried about your livelihood? Call our Long Island wage garnishment attorney at (800) 242-3740 or reach out through our contact page to find out more.

For those facing issues related to consumer debt protection and defense, our team is well-versed in handling such cases. We also specialize in credit card debt defense and can provide the necessary legal support to challenge unfair practices.

If your situation involves medical bills, our medical debt defense services can help you navigate through the complexities of medical billing and collections. Additionally, we offer assistance in vacating judgments to help you regain control of your financial situation.

Our expertise extends to No-Fault (PIP) insurance law, ensuring that you receive the benefits you are entitled to under your insurance policy. We also handle cases involving consumer protection and fraud, safeguarding your rights against deceptive practices.

Understanding your rights under the Fair Debt Collection Practices Act is crucial, and our team is here to provide you with the necessary guidance. If you are experiencing harassment from debt collectors, our collection abuse services can help put an end to the abuse and protect your rights.

What Is Wage Garnishment?

Wage garnishment is a type of banking restraint that occurs when the court orders that an employer withhold portions of your paycheck and send it directly to the creditor until your debt is resolved. Some debts are more likely to incur wage garnishment than others. For example, student loans, child support, and consumer debts could all potentially lead to wage garnishment.

There are laws to protect you from excessive wage garnishment and there are legal options for lessening the effect or vacating the garnishment entirely. It is important to understand that your employer will be notified if there is an order for wage garnishment and in some cases, creditors may take more than legally allowed. You may pursue legal action with the help of an attorney.

Types of Wage Garnishment

Unfortunately wage garnishment is a common financial penalty for debt. An ADP Research study found that 7.2% of the 13 million employees evaluated had wages garnished at one point or another. This practice affects workers 35-44 the most and the most common reasons for wage garnishment was consumer debt, tax levies, and student loans.

Just as there are many kinds of debt, there are also various forms of wage garnishment and banking restraints. The most common types of garnishments include:

Wage garnishment: Creditors legally require your employer to give a portion of your earnings to pay off debt
Nonwage garnishment: Also known as a bank levy; creditors can take money directly from your bank account. This may result in a frozen bank account meaning you cannot access the funds in your account due to garnishment.

In most cases, wage garnishment occurs when a creditor files suit against you for nonpayment of a debt. Once the lawsuit is filed with the court, there is a five-to-30-day period before garnishment begins. When a creditor pursues wage garnishment and banking restraints, they will continue to pull from your earnings and/or bank account until the debt is paid in full. For example, if you must pay off student loans but have missed over three months of regular payments, the creditor will garnish your wages until the missed payments are rectified.

How Much of Your Wages Can Be Garnished?

The number of wages garnished depends on the type of debt and legal limit of income available for the taking.

For credit cards, medical bills, personal loans, and consumer debts, either 25% OR the amount by which your weekly income exceeds 30 times the federal minimum wage, whichever is less. Wage garnishment also depends on disposable income meaning there is a limit to how much the creditor takes before it threatens your ability to cover necessities.
Child support and alimony garnishment ranges between 50-60%. If you are more than 12 weeks late in payments, the creditor may take an additional 5%.
Federal student loan garnishments are 15%.
For taxes, the Internal Revenue Service will determine how much may be taken based on your standard deductions and number of dependents.

Your Rights

First, if there is a wage garnishment or banking restraint, that means a judgment was entered against you. If you were not served properly, we can seek to get the judgment vacated and seek an immediate stay. Time is of the essence. You need to act before they start garnishing your wages. Please contact us immediately to discuss and to protect your rights.

Further, the law requires creditors to notify you of wage garnishment. Once you receive notice, you may file a dispute if the debt is not yours or the amount is inaccurate. If your income consists of Social Security, veterans’ benefits, or pensions, you are exempt from garnishment, but the creditor may pursue non-wage garnishment of your bank account. Creditors also cannot permanently freeze your bank account to garnish the most money possible.

Protect Your Earnings

If you are a victim of creditor actions like wage garnishment or banking restraints, you may feel hopeless, like there is no way out. It is important to understand that the law exists to limit the predatory practices creditors use to collect and can be used to build a case against unethical and illegal garnishment.

At The Law Office of Gregory A. Goodman, P.C., we believe in holding creditors responsible as fierce advocates for our clients. We understand what is at stake in your case: your earnings, livelihood, and peace of mind. That is why we work tirelessly to provide the support and guidance you need to protect your earnings and your future.

Our law firm has successfully lifted banking restraints and vacated executions and garnishments for a number of clients. In fact, we have cases whereby we have successfully filed affirmative actions against creditors and third-party collectors for violating our client’s rights and the law. Our clients know that we fight for them and entrust their cases to our team of experienced legal advocates.

Put your Long Island wage garnishment case in good hands and contact The Law Office of Gregory A. Goodman, P.C. by calling (800) 242-3740 today.

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