Legal Question in Civil Litigation in New York

Can wages be garnished?

We had filed a case in small claims court. But we lost

and instead a judgement was awarded too the other

party in regard too their counterclaim. We disagree with

the decision we feel the judge was biased toward the

other party. But we don't have the financial means too

pursue the case any further. Today we recieced a letter

from the other party stating that we have until July 10th

too pay the full $470, or they will take steps too garnish

our wages. I am wondering if they will be able too do

this, we are a family of 5 with a very low income. Our

income last year was under $25,000. Can they garnish

wages with such a low income. We don't even have that

much money on hand. There is no way we can pay in

full. Any advice would be greatly apprciated. Thanks!


Asked on 6/25/03, 11:21 am

1 Answer from Attorneys
Stephen Loeb Law Office of Stephen R. Loeb

Re: Can wages be garnished?

The short answer is yes, your wages can be garnished. You may be able to get a stay on the judgment pending an appeal, but you will need to respond and be ready with arguments as to why the decision was legally wrong. It is not enough to say the judge was biased or that you can't afford to pay.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.

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Answered on 6/25/03, 11:32 am


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