Employment Law Questions? Ask an Employment Lawyer.
Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.
Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.
21 Nov 2016, 11:32 AM
Here are the rules: In New York State, a creditor can garnish the lesser of 10% of your gross wages or 25% of your disposable income to the extent that this amount exceeds 30% of minimum wage.
New York Income Execution (Wage Garnishment) Law
Your remedy here to stop this is to file Chapter 7 bankruptcy and then advise the school that you have done so.There is an automatic stay in Chapter 7 and this would allow you to discharge the debt.Otherwise NY allows garnishment of wages as set out above.
21 Nov 2016, 11:34 AM
They absolutely can garnish here up to the amount I set out above.
Here in NY the lesser of 10% of your gross wages or 25% of your disposable income to the extent that this amount exceeds 30% of minimum wage.
You may want reconsider Chapter 7 here is free forms and self help
Its the only way to avoid this unless you move out of state to avoid garnishment here in NY.I wish I had better news but I know you want honest answers.
Roughly $120 amonth from your check based on $1200
You may want to find a second off the books kind of job if you can to cover this.Cash only here, aluminum cans,catering that pays cash, something like that.I know this is a real hardship
If they pay you minimum hourly wage you wold dodge garnishment.
New York/Minimum wage
9.00 USD per hour
I appreciate the chance to help you today.I wish you the best here.
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No problem, take your time.
They need to compute it here $9 an hour times hours worked, salary must be at that amount of they will garnish so be careful. You can also change jobs and force them to chase you here.
If you are under minimum wage your employer should respond with that, its a defense for employer not to garnish.
Close counts if you are at minimum wage they should not be able to garnish.
Take salary and divide it by hours worked to see if you are at minimum wage it would be better if they just converted you to hourly.
Yes it does either go to minimum wage or they garnish yo here.
I'll opt out here and leave for other experts, thanks.
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You may want to use this wage garnishment calculator to find the number you are looking for.
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