Legal Question in Credit and Debt Law in New York

Re: Garnishing disability allowed in NY ?

First of all, you have to start a lawsuit in New York to obtain a judgment against your non-paying tenants before you can "garnish" anything. There are certain assets that are exempt from garnishment and I believe disability payments are exempt (you can't garnish them). However, funds in a bank account might be subject to a bank levy (also after judgment). So the first step is to sue them...You don't need a lawyer to sue in Small claims court (up to $5000 I believe-you should check) and you don't need a lawyer to sue in Civil Court (up to $25000 in the 5 boroughs) IF you are not incorporated.

Re: Garnishing disability allowed in NY ?

Before anything you would need to initiate a summary proceeding in Housing Court that would demand payment and or an eviction of your tenant. Once a judgment is obtained, you can then initiate enforcement proceedings to seize any money or property in his name. The disability payments may be protected but there may be other avenues of collecting. You don't have to have a lawyer for this but the procedures for a Landlord Tenant action are very specific and handling it on your own can be very risky. This area of law is our specialty, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.

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