Legal Question in Credit and Debt Law in New York
Attempt to collect debt due
Good Day,
I have a loan that is about to charge off and the individual states that they will garnish my paycheck to start settling the debt. I am aware of what I owe but right now I am experiencing serious financial hardships that I have not found a way around yet. Financial responsibilities that were shared btwn my mother and myself are not now b/c she is home on disability; I am the sole income provider in the household (which consists of myself, mother and brother). I want to know if w/ this charge off can they garnish my paycheck without informing me? Can my paycheck be garnished without verifying that no payments were made solely b/c of my financial hardship. Any amount, a penny even, taken from my paycheck would be s aserious problem, I'm not making ends meet now! Please help.
Thank you, Marianne
2 Answers from Attorneys
Re: Attempt to collect debt due
There are certain guidlines a creditor needs to follow in NY before a garnishment can take effect. Particulary, there is a formula revolving around the Federal Poverty Guidlines. THis office is available to handle these types of cases.
Yours truly,
Neil E. Colmenares, Esq.
The Law Office of
Neil E. Colmenares, P.C.
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Re: Attempt to collect debt due
Garnishment is a POST JUDGMENT procedure whereby up to 10% of your gross salary per pay period can be seized by the City Marshal or County Sheriff. POST JUDGMENT means you have to be sued and that requires a summons and complaint to be served upon you (though not necessarily handed to you personally). Many times judgments are entered on default because the defendants do not receive actual notice. Courts don't like default judgments. Should you find that someone entered a judgment against you and you did not know about it in advance you can go to the court where the judgment was entered and make a motion (file a written request) to have the judgment removed.
You should try to contact the individual and
try to settle for a lesser amount.