Legal Question in Credit and Debt Law in New York

I have received a letter of impending wage garnishment from my local sheriff's office. It states that it requires 10% of my gross bi-weekly earnings be mailed to the sheriff's office with each paycheck. I was never served court papers and never had a court date. I called the attorney's office and received two different responses from two of their staff members. One stated that I was served by the Sheriff, another stated that there was never a court date but that they would go ahead and "proceed with wage garnishment". I have no idea what this debt is about, but am completely un-nerved with the sheriff being involved especially seeing as how I had no court date. I cannot afford to have my wages garnished to this extent as my wife is a stay at home mom and we have 2 little boys. What are my options at this particular juncture?


Asked on 1/06/10, 7:23 pm

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Based on your question it seems that there is a default judgment filed agaist you. You should go to the Court and obtain a copy of the summons, complaint, affidavit of service and judgment. With these documents you should be able to determine when and how you were allegedly served with the summons and complaint. If the affidavit of service is wrong, you should be filing a motion to vacate the default judgment. This motion must be filed by Order to Show Cause, with a stay of execution by the Sheriff.

Mike.

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Answered on 1/12/10, 5:47 am


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