Legal Question in Credit and Debt Law in New York

Credit Card Debt Judgement

I have been sent a judgement to start paying 10% of my gross wages to a marshal for a four year old debt. I assume responsibility for the debt, but can not afford the 10%. I am willing to make reasonable payments, my rent is $1100 a month and I net $1700 a month. I have previously sent the debtor the proper proof of my financial situation (pay stub, rent statement etc.), but they refuse to work with me, and have since sent me the judgement. How do I proceed?


Asked on 4/01/04, 6:56 pm

2 Answers from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: Credit Card Debt Judgement

Mr. Groezinger is not 100% correct.

Pursuant to NY CPLR 5240, "The court may at any time, on its own initiative or the motion of any interested person, and upon such notice as it may require, make an order denying, limiting, conditioning, regulating, extending or modifying the use of any enforcement procedure. Section 3104 is applicable to procedures under this article."

You would have to petition the Court, demonstrate the hardship, demonstrate how the Judgment Creditor will be paid, and request the Court to modify the income execution.

Mike.

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Answered on 4/02/04, 8:22 am
Robert R. Groezinger GroezingerLaw P.C.

Re: Credit Card Debt Judgement

You seem to be out of luck. For it to have gotten this far means that you ignored the Summons and Complaint, ignored the default and ignored the judgment.

At this stage of garnishment (well after the judgment has been entered) it is too late to lock the barn door...unfortunately, the horse left a long time ago.

Good Luck

RRG

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Answered on 4/01/04, 10:40 pm


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