If I am already having 30% of my diposable income garnished in NYS can a personal creditor garnish any of my wages?

    0  Views: 786 Answers: 4 Posted: 11 years ago

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    Yes, a creditor or collector can sue for money owed. If they win the lawsuit they will be awarded a judgment which can be used among other options as a wage garnishment. The maximum garnishment for the state of New York is 10% of gross income or the Federal maximum (25% of disposable income) whichever is less.

    But there is a law in NYS that no more than 25% of your wages can be garnished and no more than 50% for child support. My question is if I am already being garnished 32% for child support does that keep other creditors from garnishing my wages?

    I already did that and I don't qualify because they use gross wage not net after Child Support and Alimony. I have no disposable income to do chapter 13 so I am between a rock and a hard place. Garnishment could put me on the streets. So my question remains, can they (personal creditors)take anymore than I am already paying when NYS maximum is 25% of disposable income. Does the 30% already taken out put me over the threashhold?


    I think you have good question and have stated your concerns well. At this time I cannot locate a site with the variables you have named. I'll keep looking. It may be that they garnish less from your check for alimony to add the creditor- I have no idea. However, if you were to become homeless you would probably end up losing your job which wouldn't help anyone (which creditors etc would agree).

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