Legal Question in Credit and Debt Law in New York

Hi,

I just got paid and found out my check was garnished for 10%. I was never served with a judgement and it came out of left field. I live and work in NY, NY

I called the marshal's office and got the number of the lawyer who filed the judgement. When I got in touch with the lawyer, they said that since they didn't have my current address they didn't have to notify me of the judgement and filed one without me.

Since they know where I work, shouldnt they have been required to contact me there?

In addition, is there any way I can stop the wage garnishment and get the matter heard before a judge?

What are my options?


Asked on 11/21/09, 4:38 pm

1 Answer from Attorneys
Stephen Starr Starr & Starr, PLLC

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 posting on our Blog (newyorkbankruptcylawyerblog.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 11/27/09, 5:47 pm


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