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Stopping Wage Garnishment


Experienced Rochester, New York Bankruptcy Attorney 

Under New York Law, if a creditor, such as a credit card company, bank, credit union, or other type of lender, obtains a judgment against you, they can collect upon that judgment by serving upon you and your employer an Income Execution where they can garnish up to ten percent (10%) of your gross earnings, until the debt is completely satisfied.  Furthermore, you are responsible to pay the Court costs and fees of the enforcement officer (i.e. Sheriff or Marshall), which can add an additional several hundred dollars to the amount you owe. Also, you are obligated to pay interest at the rate of nine per cent per annum (9%) until the debt is paid in full.  The deductions from your pay first go to the fees of the Marshall or Sheriff, then to interest and finally to the principal portion of the debt.  We have found that people are often forced to pay up to twice what they originally owed, due to costs, disbursements, attorney’s fees and interest. Usually, the people who have wage garnishments against them are the least able to afford to pay the debts they owe because they are unable to pay their debts due to job loss, unemployment, downsizing, cost of living increases or illness. If you are struggling with debt, having your earnings taken by aggressive creditors undoubtedly makes it more difficult to meet the cost of living expenses of you and your family.

At the Law Office of Ronald S. Goldman, I help you keep your hard earned paycheck and help stop other aggressive debt collection actions by creditors. After filing bankruptcy, creditors stop these collection actions immediately. If they don’t, they hear from me and then answer to the Bankruptcy Judge. To find out more about bankruptcy protection against wage garnishment, call (585) 546-7410 or contact us to arrange for a consultation.

If you are struggling with debt and would like more information on bankruptcy, I am here to help. The initial consultation is free and together we will formulate a plan to determine if bankruptcy is right for you. I offer personal attention and my rates are reasonable. Contact my office today online or by telephone at 585-546-7410 to speak with an experienced New York bankruptcy attorney. 

How the Automatic Stay Works

Filing bankruptcy stops wage garnishment (also called “Income Execution”). When an individual files for bankruptcy, the “automatic stay” under 11 USC §362 goes into effect. This stops creditors from taking wages and taking other actions against a debtor, including:

  • Lawsuits
  • Asset repossession
  • Income Execution (garnishment)
  • Foreclosure
  • Other collection actions

At the Law Office of Ronald S. Goldman, I help you understand the bankruptcy process and how it stops adverse actions by creditors. I also explain your personal bankruptcy options, which include Chapter 7 and Chapter 13 bankruptcy:

  • Chapter 7 bankruptcy— Completely eliminates most debt. Eligibility for Chapter 7 is determined through a bankruptcy means test.
  • Chapter 13 bankruptcy— Reduces the size of debt, enabling the debtor to pay off the remaining debt over time (usually 36 to 60 months).

When you contact a lawyer to schedule a consultation, I will review your financial situation and recommend a course of action based on your goals. I can help you obtain a fresh financial start. 

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Free

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(585) 546-7410

Office Location

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  • 45 Exchange Street,
  • Suite #532
  • Rochester,
  • NY 14614

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