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The party seeking a writ of wage garnishment must file a lawsuit against the debtor in state circuit court (sometimes superior court). If a judgment is awarded against the debtor it can be executed as a wage garnishment. The garnishment generally commences 30 days after the order has been served on the garnishee's employer. New York does not use federal wage garnishment law, but uses state law which allows a judgment creditor to garnish 10% of the gross income of the garnishee. This law applies to creditor debt only; it does not apply to court ordered child support, spousal maintenance, student loans or federal or state tax arrearages. The amount that can be garnished concerning cited issues is determined by the court and can be as much as 50% of the garnishee's disposable income.
What else can I help you with?
Can employer recover overpayment of wages in new york state?
Yes.
Can your wages be garnished for pay day loans in the State of New York?
Yes, with the execution of a valid court judgment.
Where do you file for unemployment insurance if you live in Pennsylvania but work in New York?
You file for unemployment from the "liable state" which collects the unemployment insurance from the employer you worked for. In this case, the "liable state" is New York. You can file in Pennsylvania, as the "agent state", but it is New York that Pennsylvania would contact in your behalf.
What has the author Dorothea Maier written?
Dorothea Maier has written: 'Wages and hours in industries covered by the minimum wage law, New York State, 1960-1961' -- subject(s): Hours of labor, Statistics, Wages 'Training and work experience of former apprentices, New York State' -- subject(s): Apprentices
Disastrous industrial fire of 1911 that spurred workmen's compensation laws and some state regulation of wages in New York?
Triangle Shirtwaste Fire
How do you garnish wages to collect on a civil lawsuit judgment in NY state?
To garnish wages to collect on a civil lawsuit judgment in New York State, you would first need to obtain a court order from the court where the judgment was awarded. Once you have the court order, you would provide it to the debtor's employer, who would then withhold a portion of the debtor's wages to satisfy the judgment amount. There are limits on how much can be garnished from a debtor's wages in New York, depending on their income and other factors.
Disastrous industrial fire of 1911 that spurred workmen's compensation laws and some state regulation of wages and hours in new york?
Triangle Shirtwaste Fire
What assets can be seized by a judgment in New York State?
In New York State, a judgment creditor can seize various assets to satisfy a judgment, including bank accounts, wages through wage garnishment, real estate, and personal property such as vehicles or valuable items. Certain exemptions apply, protecting specific assets like a primary residence, necessary household items, and a portion of wages. Additionally, the creditor may place a lien on the debtor's property, which can impact future sales or refinancing. The process typically requires a court order and adherence to legal procedures.
Can you file a complaint for unpaid wages in New York online?
No.
If wages are earned in Florida but a garnishment is from NY which state laws do you follow?
Both, provided the judgment is from New York. If the judgment was filed in Florida (as it should be filed in the state of residence) then only the laws of Florida are jursidictional.
I live in New York state and I've tried to work with my creditors thru there lawyers but they would not work with me i got a letter for garnishing from the sherrif department with out a court hearing.?
you need to consider bankruptcy. There are people and places who can help but it takes time to find out who can help you with your particular situation.
What is one reason regional wages differences?
Depending on where you may live, certain states may have a higher cost of living. For example, Living in a state like Ohio, the cost of living is much lower than a state like New York or California. Therefore, since the cost of living varies from state to state and area to area, wages can range from a few hundred to a few thousand. Hope this helps~ Off Spring.
