Legal Question in Credit and Debt Law in New York

wage garnishment

Can you please tell me the steps that must be taken before a garnishment may be taken out against your wages? Do they have to show that you actually recieved money? This would be for a education loan from new york state? (HESC)


Asked on 12/08/06, 1:02 pm

1 Answer from Attorneys
Guy Lewit Guy Mitchell Lewit, Esq.

Re: wage garnishment

the alleged creditor has to obtain a judgment before they can garnish wages. Normally they do not have to prove anything if you did not oppose the proceeding. If you vacte the judgment and oppose the proceeding you could demand proof that money was lent, however you did sign a promissory note (part of the paperwork) the court might not require proof.

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Answered on 12/09/06, 10:09 am


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