How to Garnish Wages After a Judgment in New York

If a debtor in New York owes you money and does not make payments as agreed under a contract or other written instrument, calling or sending letters may encourage the debtor to make his past-due payments. However, if the debtor does not make an effort to catch up his payments, you may obtain a judgment by filing and winning a lawsuit in a New York civil court. After obtaining a judgment, you may opt to garnish the debtor's wages to collect the debt.

Instructions

1. Send a notice of garnishment to a marshal or sheriff in the debtor's city or town. Direct the marshal or sheriff to serve the notice of garnishment on the debtor.

2. Wait at least 20 days after the sheriff or marshal serves the notice of garnishment upon the debtor. During that period, the debtor may begin paying you directly to avoid execution of garnishment upon her employer.

3. Direct the marshal or sheriff to serve the debtor's employer with the notice of garnishment if the debtor does not begin paying you within the 20-day period. The employer must begin withholding a portion of the debtor's income and send the funds to the marshal or sheriff. The sheriff or marshal will then send the funds to you for payment against the judgment debt balance.

Tips & Warnings

• Remember that New York law provides a higher exemption than federal law -- although federal law exempts at least 75 percent of a debtor's earnings after taxes, New York exempts 90 percent. This means that it can take longer to collect your judgment through wage garnishment in New York than in other states.

• Send the debtor an information subpoena by certified or registered mail if you cannot identify the debtor's employer. The debtor must disclose income and asset information in a written answer within seven days of receipt.

• Check the public records files in the debtor's county for other judgments issued against the debtor. If a judgment appears, another creditor may have already executed a garnishment on the debtor's employer. Federal and state law permit an employer to fire an employee if two creditors execute wage garnishment orders within the same 12-month period. If this happens, the debtor may not have any income to pay his judgment debt.

References

• Fair Debt Collection: New York Wage Garnishment
• Neighborhood Economin Development Advocacy Project: Wage Garnishments
• Fair Debt Collection: New York Procedural Requirements