Legal Question in Employment Law in New York
Garnishing wages
Can a collection agency actually
garnish your wages? Do I have any
options to lower or put off payments?
I am a single mom, and things are a
bit tight right now.
Asked on 3/29/07, 8:58 pm
1 Answer from Attorneys
Jason Stern
Law Offices of Jason Stern
Re: Garnishing wages
A collection agency can only garnish your wages if there is an underlying JUDGMENT. If you are delinquent with your payments, that alone is not a basis for garnishment. To get a judgment, an attorney needs to first serve you with a copy of a SUMMONS AND COMPLAINT. If you fail to respond within a period of time the creditor may obtain a JUDGMENT. That JUDGMENT may be used to GARNISH your wages.
If you need further assistance, my office is located just across the river from you or you may contact me by email.
Good luck!
Answered on 3/30/07, 1:09 pm