Legal Question in Credit and Debt Law in New York

wage garnishment appeal a possibility?

I'm being threatened with wage garnishment for an unpaid $2000 cc bill. I'm unable to come up with the $1200 they want, nor $400 plus payments. I'm the sole supporter of my boyfriend, who suffers from severe obesity, anxiety disorder and other health issues. He has no other income whatsoever. I earn $10.44/hr and simply cannot afford the $185 garnishment per month they are requesting. I just make ends meet with medical and household bills. Is there any chance I can fight the garnishment based on these facts? I can't borrow from anyone, can't get a loan, can't even get the money out of my 401k at work (though I would be glad to give them all of it). Should I stop direct deposit so that they can't attach my bank account? Except for paydays, I rarely have more than $100 in the account as most of it goes to pay bills and buy food. I have no savings, and just got a car after 3 yrs of not having one (it's 15 yrs old and I was able to afford it only after my mother died and left me a small sum of money). I'm very frightened and do not have the money to seek a lawyer of my own. Please help.


Asked on 5/07/07, 8:45 pm

1 Answer from Attorneys
Jessica Claus

Re: wage garnishment appeal a possibility?

The creditor is entitled to 10% in an income execution; it does not matter if you stop direct deposit as they will be getting this money directly from your employer. If you cannot make a settlement offer, you may wish to consider bankruptcy.

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Answered on 5/08/07, 10:09 am


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