WE ELIMINATE WAGE GARNISHMENTS !


IF SOMEONE'S GOT YOUR SALARY GARNISHED, USE AN ATTORNEY ASSOCIATED WITH THE CREDIT CARD DEFENSE ENTER OF NEW YORK TO GET IT UN-GARNISHED  !

We know exactly how to get your garnished salary un-garnished and freed up for your use. We have gone through the process hundreds of times and gotten restraints lifted against hundreds of bank accounts. It can be an utterly simple process with the right attorneys. Can be done for businesses or individuals. E-Mail us at info@creditcarddefensecenter.com for complete information and fees in total confidence. 

E-Mail us at info@creditcarddefensecenter.com for complete details  in total confidence.

The Credit Card Defense Center

244 Fifth Avenue, New York, NY 10001-7604

212-591-0400

(We are experienced collection attorneys who are now reversing our time honored collection methods to help debtors destroy the claims of creditors.) 

 

For More Information: garnishment@creditcarddefensecenter.com

General Inquiries: info@creditcarddefensecenter.com


20 THINGS TO KNOW TODAY 

ABOUT GARNISHMENTS:


There are two different forms of garnishment: wage and nonwage. "Nonwage garnishment’ is a procedure where a judgment holder attempts to garnish funds in a bank account. "Wage garnishment” is just what it says, a process by which a certain percentage of your salary is taken to satisfy the debt.


Federal law prohibits some money -- Social Security, disability or veteran's payments, for example -- from garnishment. However, if you owe federal or state debt, such as back taxes, the government does not need a court order to attach your bank funds and can also tap federal and state government payments. The process of separating exempt and nonexempt funds and unfreezing a bank account could take weeks or even months, leaving debtors with no access to bank funds during that time.
 
Effective May 1, 2011, to protect exempted funds from garnishment orders. Electronically deposited exempted funds, such as Social Security, are now be "tagged" by the federal government, making it easier for financial institutions to separate exempt and nonexempt funds to be garnished.
 
Your bank must also provide you with the amounts of these protected and unprotected funds once it is served with a garnishment order. Nonexempt funds that are not direct deposited, however, do not qualify, as they will not be electronically tagged.
 
State laws often add extra rules on bank account garnishment. In New York, for example, state law mandates that the first $2,500 in a debtor's account remain untouched if that account received protected (Social Security disability checks, for example) electronic deposits in the 45 days prior to the bank's receipt of the restraining order. Unprotected funds of up to $1,716 are otherwise protected. Similar laws have been enacted in California and Connecticut.
 
However, garnishment orders for some specific types of debt, such as delinquent child support, alimony and federal taxes, for example, can tap into these otherwise exempt funds.
 
Garnishment laws and regulations vary from state to state and bank to bank, so it is important to understand your state's laws concerning the garnishment prices in your state.
 
Wage garnishment is allowed in all states for unpaid taxes and child support. State and federal law regulate the amount of money that may be garnished from a consumer's wages or bank account. State law regulates the amount of time a consumer's wages or bank account may be garnished.

Federal law sets a floor or minimum – states may choose to offer more protection, but they may not offer less. If you live in New York, you're in luck: New York reinforces your federal rights, while also offering greater protection for your income in the event you lose a lawsuit brought by your credit card company.

 When you don't pay your creditors, and your credit can obtain a court judgment, the local enforcement office, like a Marshall, Sheriff or Constable may try to take some of your wages to pay off the debt. Wage garnishment is in fact the process whereby a creditor receives a court order that allows the creditor to take a piece of a debtor's earnings each pay period until a debt is fully paid.

New York State has strict limits on wage garnishment. Under federal law, the creditor may take up to 25 percent of your wages. However, under the rules of New York, they are limited to only 10 percent of your income, which means that means for every $10,000 you earn as a New Yorker, you can keep $1,500 than under federal law.

A creditor can't take any part of your wages if your weekly disposable income is less than 30 times the federal minimum wage, which is $7.25 an hour starting July 2009. That's $217.50 weekly.

The total amount that can be garnished for all purposes, including alimony, child support and maintenance, is limited to 25 percent.
In New York State creditors or their collection agents may not discuss the claim against you with your employer prior to winning a final judgment in court.

 Even under federal law, the creditor can't volunteer the information to your employer. But if they call your workplace, and your boss asks them what the call is about, then they could say that they're trying to collect on a debt. But under New York law, they can't say anything about your debt. 

 Under New York State law debt creditors or their collection agents can't do what is barred under federal law, which means that they can’t misrepresent who they are or who they represent. They obviously can’t make harassing phone calls or threats to do things that they cannot legally do or try to collect more than the actual amount of the debt or deposit a post-dated check early. 


While it is against the law for an employer to fire an employee whose wages are garnished, that protection goes away after a second and third such judgment, according to the Consumer Credit Protection Act.

 
When an employer is notified of a judgment requesting wage garnishment, only a certain percentage of wages can be withheld -- according to the total of disposable earnings of the employee -- allowing the employee some income to live on, according to Title III of Consumer Credit Protection Act.
 
Also protected from garnishment are deductions that are legally required to be paid by the employee, such as federal, state and local taxes, unemployment insurance, state employee retirement system payments and Social Security payments. However, deductions not required by law (health insurance, union dues) are not protected from garnishment.
 
According to the U.S. Department of Labor, Title III "also protects employees by limiting the amount of earnings that may be garnished in any workweek or pay period to the lesser of 25 percent of disposable earnings or the amount by which disposable earnings are greater than 30 times the federal minimum hourly wage prescribed by Section 6(a)(1) of the Fair Labor Standards Act of 1938. This limit applies regardless of how many garnishment orders an employer receives."
 
Example: If an employee nets $600 a week, under the 25 percent formula, the maximum garnishment amount is $150 (25% of $600). Or, using the minimum wage formula, the maximum garnishment amount is $382.50 (30 times the minimum wage of $7.25 is $217.50, which is then subtracted from the $600 net compensation). Therefore, since the rule says to use the "lesser" amount, the maximum garnishment would be $150.
 
There are two different forms of garnishment: wage and nonwage. "Nonwage garnishment’ is a procedure where a judgment holder attempts to garnish funds in a bank account. "Wage garnishment” is just what it says, a process by which a certain percentage of your salary is taken to satisfy the debt.
 
Federal law prohibits some money -- Social Security, disability or veteran's payments, for example -- from garnishment. However, if you owe federal or state debt, such as back taxes, the government does not need a court order to attach your bank funds and can also tap federal and state government payments. The process of separating exempt and nonexempt funds and unfreezing a bank account could take weeks or even months, leaving debtors with no access to bank funds during that time.
 
Effective May 1, 2011, to protect exempted funds from garnishment orders. Electronically deposited exempted funds, such as Social Security, are now be "tagged" by the federal government, making it easier for financial institutions to separate exempt and nonexempt funds to be garnished.
 
Your bank must also provide you with the amounts of these protected and unprotected funds once it is served with a garnishment order. Nonexempt funds that are not direct deposited, however, do not qualify, as they will not be electronically tagged.
 

State laws often add extra rules on bank account garnishment. In New York, for example, state law mandates that the first $2,500 in a debtor's account remain untouched if that account received protected (Social Security disability checks, for example) electronic deposits in the 45 days prior to the bank's receipt of the restraining order. Unprotected funds of up to $1,716 are otherwise protected. Similar laws have been enacted in California and Connecticut.
 
However, garnishment orders for some specific types of debt, such as delinquent child support, alimony and federal taxes, for example, can tap into these otherwise exempt funds.
 
Garnishment laws and regulations vary from state to state and bank to bank, so it is important to understand your state's laws concerning the garnishment prices in your state.
 
Wage garnishment is allowed in all states for unpaid taxes and child support. State and federal law regulate the amount of money that may be garnished from a consumer's wages or bank account. State law regulates the amount of time a consumer's wages or bank account may be garnished.

 

 

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