Legal Question in Credit and Debt Law in New York

Garnishment

What is the maximun amount that can be taken from your pay?


Asked on 5/15/03, 2:19 pm

2 Answers from Attorneys

Andrew Nitzberg Andrew Nitzberg & Associates

Re: Garnishment

In NY State, garnishment cannot exceed 25% of your gross pay. Any individual creditor is also restricted in how much can be taken. If there are , for example, 3 creditors each having a right to 10%. They may not take 30% out of your paycheck. The creditors must split the 25% between them. In this example, each creditor would get 8 and 1/3 %. I do a lot of credit work and Chapter 7 Bankruptcy. You are welcome to a consultation at no charge at my offices at 42 west 44th st, ny,ny. Please call first for an appointment 646-591-5786.

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Answered on 5/15/03, 5:36 pm
Guy Lewit Guy Mitchell Lewit, Esq.

Re: Garnishment

NY state law allows UP TO 25% of your GROSS WAGES per pay period to be garnished. This is for CHILD SUPPORT. If you are paying child support with less than 25% of your wages being garnished you can have additional wages garnished by a judgment creditor up to the 25% figure, but a wage garnishment itself CANNOT exceed 10% of your gross wages...If there is NO child support component to your garnishment, 10% of your gross wages can be garnished. Only ONE (1) garnishment can be in effect at a time (except for the child support).

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Answered on 5/15/03, 5:40 pm


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