Legal Question in Credit and Debt Law in New York

Wage Garnishment from Out of State

I live in NYC. I Had an IL state case

where judgement was made w/o any

notification to me stating they

couldn't find me. My employer in NY

received a wage garnishment from

that case and two days later I

received notice at my home. When I

contacted the Marshall's Office I was

told that my 20 days to make

arrangements had lapsed and had no

recourse. I thought I could let the

judgement take it's course and pay it

off but it's now placing huge financial

stress esp. since I live in the city. Is

there anything I can do now at this

point?


Asked on 5/06/07, 9:02 am

1 Answer from Attorneys
Stephen Starr Starr & Starr, PLLC

Re: Wage Garnishment from Out of State

Yes, the law permits default judgments to be set aside under various circumstances. You can seek to have the Court grant an Order to Show Cause to set aside the judgment and dissolve the garnishment and seek to litigate the claim based on its merits. Contact the Clerk's Office to obtain the form (at least at NYC Civil Court) and additional info. They have a pro se (parties without lawyers) office to assist pro se litigants.

Check out the Frequently Asked Questions (FAQs)on our website at http://www.starrandstarr.com/faqs.htm

for more info. about civil litigation, collections and creditors' rights matters generally.

Nothing in this response to your posting on Law Guru is intended or should be considered as legal advice to your specific situation. Our posting is intended to provide general information of interest to the public. Facts relevant to your situation and not disclosed in your posting may affect your specific legal rights and remedies.

Good luck,

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Answered on 5/07/07, 9:20 am


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