Legal Question in Bankruptcy in New York

income execution

My husband had a judgement entered against him on 2/03. he has been out of work due to a work related injury since 12/01 (which was the reason he could not pay his creditor). we had an attorney handle this process. In 9/04 this creditor had a sheriff come to the house. We have now received a income execution for 10% of his gross salary. He only had his surgery and returned to work (4/04) The creditor sent us a income execution from southhampton sheriff dept.-- when this case was heard in suffolk county supreme court. I believe that Southhampton has no jurisdiction in this case. This is not signed by a Judge and only stamped by the Southhampton Sheriff dept. Is this a valid document? I thought that only child support payments and state agencies could attach your wages. Can anyone attach your wages? thank you for your help.


Asked on 11/14/04, 6:39 pm

1 Answer from Attorneys
Frank Loscalzo Law Office of Frank Loscalzo

Re: income execution

Yes, anyone with a judgment against you can garnish your wages. It is an easy process for them, it does not require a judge to sign off on the wage garnishment.

The Sheriff's office is located in the Hamptons, but it is the Suffolk County Sheriff.

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Answered on 11/17/04, 7:00 am


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