Legal Question in Credit and Debt Law in New York

judgment from 2005 I did not know about the lawyer I used no longer practices and lives in Florida I am in NY. got his number and he was nasty said there is a 7yr limit however ruvin and rothman sent a letter to my employer to garnish 10% of my salary if that's done I wont be able to pay my bills. I only make 600 week before taxes

what do I do?


Asked on 3/21/15, 6:25 pm

1 Answer from Attorneys

Marshall Isaacs Marshall R. Isaacs, Attorney At Law

Seven years is incorrect; the Statute of Limitations on a New York Judgment is 20 years so the wage garnishment is presumably valid. However, you do have options. You can settle for a lump sum short of the entire amount owed; you can get yourself on a payment plan; you can allow the approximate $40 to be paid out of your salary; or some combination of the three.

Alternatively, you can file a motion in court asking for a stay of enforcement based on financial hardship or other reasons. Regardless of the option you select, I would urge you to hire an attorney. For all you know, there could be something wrong with the judgment or the manner in which Plaintiff's counsel is attempting to enforce it. Also, you probably won't figure out how to make the motion for a stay.

I hope this was helpful. Best of luck!

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Answered on 3/22/15, 1:36 am


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