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Long Island Wage Garnishment Attorney
Protecting Clients from Garnishments and Banking Restraints in New York
Perhaps one of the most frustrating and frightening things these days is going to your bank account and learning it has been restrained by a third party or receiving your paycheck and learning your wages are being garnished by a creditor, the Marshal or Sheriff.
If you just received notice of a banking restraint or garnishment, The Law Office of Gregory A. Goodman, P.C. can help you explore your legal rights and options. Time is of the essence, and we will work expeditiously to get your banking restraint lifted and your garnishment vacated. Our law firm has successfully lifted banking restraints and vacated executions and garnishments for a number of clients. In fact, we have cases whereby we have successfully filed affirmative actions against creditors and third-party collectors for violating our client’s rights and the law.
What Is Wage Garnishment?
Wage garnishment is a type of banking restraint that occurs when the court orders that an employer withhold portions of your paycheck and send it directly to the creditor until your debt is resolved. Some debts are more likely to incur wage garnishment than others. For example, student loans, child support, and consumer debts could all potentially lead to wage garnishment.
There are laws to protect you from excessive wage garnishment and there are legal options for lessening the effect or vacating the garnishment entirely. It is important to understand that your employer will be notified if there is an order for wage garnishment and in some cases, creditors may take more than legally allowed. You may pursue legal action with the help of an attorney.
Types of Wage Garnishment
Unfortunately wage garnishment is a common financial penalty for debt. An ADP Research study found that 7.2% of the 13 million employees evaluated had wages garnished at one point or another. This practice affects workers 35-44 the most and the most common reasons for wage garnishment was consumer debt, tax levies, and student loans.
Just as there are many kinds of debt, there are also various forms of wage garnishment and banking restraints. The most common types of garnishments include:
- Wage garnishment: Creditors legally require your employer to give a portion of your earnings to pay off debt
- Nonwage garnishment: Also known as a bank levy; creditors can take money directly from your bank account. This may result in a frozen bank account meaning you cannot access the funds in your account due to garnishment.
In most cases, wage garnishment occurs when a creditor files suit against you for nonpayment of a debt. Once the lawsuit is filed with the court, there is a five-to-30-day period before garnishment begins. When a creditor pursues wage garnishment and banking restraints, they will continue to pull from your earnings and/or bank account until the debt is paid in full. For example, if you must pay off student loans but have missed over three months of regular payments, the creditor will garnish your wages until the missed payments are rectified.
How Much of Your Wages Can Be Garnished?
The number of wages garnished depends on the type of debt and legal limit of income available for the taking.
- For credit cards, medical bills, personal loans, and consumer debts, either 25% OR the amount by which your weekly income exceeds 30 times the federal minimum wage, whichever is less. Wage garnishment also depends on disposable income meaning there is a limit to how much the creditor takes before it threatens your ability to cover necessities.
- Child support and alimony garnishment ranges between 50-60%. If you are more than 12 weeks late in payments, the creditor may take an additional 5%.
- Federal student loan garnishments are 15%.
- For taxes, the Internal Revenue Service will determine how much may be taken based on your standard deductions and number of dependents.
First, if there is a wage garnishment or banking restraint, that means a judgment was entered against you. If you were not served properly, we can seek to get the judgment vacated and seek an immediate stay. Time is of the essence. You need to act before they start garnishing your wages. Please contact us immediately to discuss and to protect your rights.
Further, the law requires creditors to notify you of wage garnishment. Once you receive notice, you may file a dispute if the debt is not yours or the amount is inaccurate. If your income consists of Social Security, veterans’ benefits, or pensions, you are exempt from garnishment, but the creditor may pursue non-wage garnishment of your bank account. Creditors also cannot permanently freeze your bank account to garnish the most money possible.
Protect Your Earnings
If you are a victim of creditor actions like wage garnishment or banking restraints, you may feel hopeless, like there is no way out. It is important to understand that the law exists to limit the predatory practices creditors use to collect and can be used to build a case against unethical and illegal garnishment.
At The Law Office of Gregory A. Goodman, P.C., we believe in holding creditors responsible as fierce advocates for our clients. We understand what is at stake in your case: your earnings, livelihood, and peace of mind. That is why we work tirelessly to provide the support and guidance you need to protect your earnings and your future.
Our law firm has successfully lifted banking restraints and vacated executions and garnishments for a number of clients. In fact, we have cases whereby we have successfully filed affirmative actions against creditors and third-party collectors for violating our client’s rights and the law. Our clients know that we fight for them and entrust their cases to our team of experienced legal advocates.
Put your Long Island wage garnishment case in good hands and contact The Law Office of Gregory A. Goodman, P.C. today.
If you have just been involved in an automobile accident—no matter how severe you think it is—there are several important things you keep in mind to preserve and protect your rights under the law.
Here are a few important steps and actions you should follow immediately following your accident:
- Seek immediate medical attention if injured. Be sure to document everything.
- Inform any and all healthcare providers of your injuries, complaints, medical history, and pain. Tell your doctors each and every area of pain, no matter how slight the pain is. Properly and honestly documenting your complaints can be the difference between successfully recovering on your case.
- Take photos of any and all injuries.
- Take photos of any vehicles involved in an accident.
- Take photos of your car—documentation is vital.
- Report to the police if they did not arrive.
- Get a copy of the police report.
- Review police report and make corrections with a police officer.
- Keep a detailed accounting of any expenses you have accrued as a result of your accident, including gas and mileage costs incurred from traveling to and from your doctor’s office for treatment related to injuries sustained from your automobile accident, lost time from work, unpaid bills, co-pays if applicable, etc.
- Immediately contact and report a claim to your insurance carrier A.S.A.P. (There are strict time requirements and documents you need to send to your insurance carrier. We can fully assist you with this process and handle most of these actions for you when retained)
- Complete and submit an application for a no-fault insurance claim (NF-2), which will enable you to receive medical treatment for the injuries you sustained in your automobile accident.
- Get an insurance claim number from your insurance carrier and the defendant’s carrier.
- Contact us immediately to discuss and preserve your rights. We will offer you a free consultation.
Along with what you should do, here are some important things not to do:
- Do not discuss or share any of the details of your accident or injuries with anyone except your attorneys.
- Do not post any details or photos regarding the details of your accident and injuries to Facebook, Twitter, or any other social media account. This information can be used against you and is often discoverable, which means you may have to share this information with the defendant should you pursue a lawsuit.
- Do not spare any details to your healthcare provider about the full extent of your injuries. Documenting the full details of your injuries and complaints can increase the chances of your success. Failure to document and failure to disclose honestly the details can result in decreasing your chances of recovery on your claim.
- Do not enter into an agreement with an insurance carrier without first consulting and retaining an experienced personal injury trial lawyer. Sometimes, when an insurance carrier knows they are liable, they may try to offer the victim money in an effort to save money. Their strategy is to get to you before you seek legal representation and before you know your legal rights.
Property owners are expected to keep their premises safe. If you injured yourself in a slip and fall accident, you need to prove that the owner likely knew about the dangerous area, failed to repair it, and failed to warn people about the dangerous condition. Photo evidence is crucial, as well as proof of the owner’s awareness of the defect and their failure to repair it. It also helps to have a Long Island personal injury lawyer on your side who can help you establish a strong case for compensation for your injuries.
The goal of no-fault insurance is to make sure all victims of an accident are cared for, regardless of who caused the accident. This means the insurance policy should cover medical costs and hospitalization fees, lost wages, and any funeral expenses incurred.
As a physician, can an insurance carrier withhold payment of my fee if I split fees with a billing agency?No. Splitting fees with a management company is not a crime. In 2015, an insurance carrier tried to withhold payment of a provider’s medical fees by claiming that their management agency—which collected 6% of their total costs—was not medical staff. This was an attempt to argue that the healthcare provider was committing fraud, but the court ruled against the insurance carrier.
Yes. If you want to be reimbursed for medical costs, you are required by law to appear. However, you do not have to appear alone. The Law Office of Gregory A. Goodman, P.C. can represent you during your EUO to help you avoid making any statements that would injure your ability to obtain full and fair compensation.