What should I do if my wages are being garnished?
If your wages are being garnished in New York, it is important to understand your rights and the laws protecting you. In New York, the Collection Defense Law prevents creditors from engaging in unfair debt collection practices, including wage garnishment. Generally speaking, if your wages are being garnished, you will receive a notice of garnishment in the mail. This notice will include the amount being garnished and the name of the creditor. Once you have received the notice, you have the right to challenge the garnishment in court. To do so, you must file an objection with the court within 20 days of the date of the notice. It is important to note that in New York, certain types of income and funds, such as Social Security, Supplemental Security Income, unemployment benefits, certain public assistance benefits, and child support, are exempt from wage garnishment. If you believe your wages are being wrongly or unlawfully garnished, it is important to contact a lawyer as soon as possible to explore your legal options. Finally, if you are unable to challenge a garnishment in court, there are certain steps you can take to try and reduce the amount of your wages being taken. You can contact the creditor and negotiate to reduce the amount of your garnishment or explore other options like debt consolidation or credit counseling.
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