Legal Question in Credit and Debt Law in New York

garnishment

i realized one day when looking at my paycheck im being garnished,and i had no idea why,so i contacted my payroll dept. which gave me the marshalls number,which i then contacted n they gave me the info about the garnishment including acc. number...and it turned out i realized this account is not mine...what can i do?


Asked on 11/15/08, 10:48 am

2 Answers from Attorneys

Stephen Starr Starr & Starr, PLLC

Re: garnishment - REPLY TO HELP MY WAGES HAVE BEEN GARNISHED!

This question, and variations of it, are posted a lot. Please note the following:

A creditor with a judgment can both garnish the judgment debtor's wages and levy a writ of execution against the judgment debtor's bank account (or just restrain the account pursuant to a restraining notice).

Please see the prior postings on our Blog (newyorkbankruptcylaywerblog.com) on the topic of dealing with a default judgment. The posts are:

Help A Collector Has Frozen My Bank Account in New York, Queens, Bronx, Brooklyn! http://www.newyorkbankruptcylawyerblog.com/2008/10/help_a_collector_has_frozen_my.html

- and -

What Can I Do If a Default Judgment Has Been Entered Against Me in New York? http://www.newyorkbankruptcylawyerblog.com/2008/10/what_can_i_do_if_a_default_jud_1.html

The foregoing is intended as general information of interest to readers of this website and is not intended as legal advice for your situation. You should consult with an attorney.

Best regards,

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Answered on 11/15/08, 11:37 am
Michael Markowitz Michael A. Markowitz, PC

Re: garnishment

If a judgment creditor is taking money from your paycheck although there is no judgment againt you, that is obviously improper and you would have a cause of action against the judgment creditor and the attorney for the return of the money together with interest.

Mike.

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Answered on 11/15/08, 2:31 pm


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