How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 116780
Experience:  20+ Years of Employment Law Experience
10285032
Type Your Employment Law Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

I get $1200.00 check, monthly from a school in NY being a

Customer Question

i get $1200.00 check, monthly from a school in NY being a teacher there, net pay $1108.20. they are looking to garnish wages, can they? need a letter for the school to reply to sheriffs request of garnishing
Submitted: 8 months ago.
Category: Employment Law
Expert:  Ray replied 8 months ago.

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.

Expert:  Ray replied 8 months ago.

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

Me

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

Customer: replied 8 months ago.
not looking to file bankruptcy as of now, i gave u the detail numbers and need to know if they can garnish
Expert:  Ray replied 8 months ago.

They absolutely can garnish here up to the amount I set out above.

Expert:  Ray replied 8 months ago.

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.

Customer: replied 8 months ago.
can u give me in my numbers the response, how much they can garnish based on my pay
Expert:  Ray replied 8 months ago.

You may want reconsider Chapter 7 here is free forms and self help

http://www.nynb.uscourts.gov/?q=News/pro-se-petitioners-packet

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.

Expert:  Ray replied 8 months ago.

Roughly $120 amonth from your check based on $1200

Customer: replied 8 months ago.
how much less can i ask the school to pay me to avoid garnishment
Expert:  Ray replied 8 months ago.

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

Expert:  Ray replied 8 months ago.

If they pay you minimum hourly wage you wold dodge garnishment.

Expert:  Ray replied 8 months ago.

New York/Minimum wage

9.00 USD per hour

Expert:  Ray replied 8 months ago.

I appreciate the chance to help you today.I wish you the best here.

Expert:  Ray replied 8 months ago.

If you can positive rate 5 stars it is much appreciated.

Customer: replied 8 months ago.
im checking now the hourly rate that im getting paid, give me a minute
Expert:  Ray replied 8 months ago.

No problem, take your time.

Customer: replied 8 months ago.
does it make a difference if i earn $9 per hour 30 hours a week or with comes out $1170 for the month or more money per hour but less hours?
Customer: replied 8 months ago.
does it make a difference if i earn $9 per hour 30 hours a week witch comes out $1170 for the month or more money per hour but less hours?
Customer: replied 8 months ago.
another words if someone earns a salary not based on hours how is it than looked on?
Expert:  Ray replied 8 months ago.

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.

Thanks

Customer: replied 8 months ago.
now if i do that but instead of $1170.00 gross i get $1200.00 gross whats than?
Expert:  Ray replied 8 months ago.

If you are under minimum wage your employer should respond with that, its a defense for employer not to garnish.

Customer: replied 8 months ago.
its like .25 cents more per hour
Customer: replied 8 months ago.
not understanding
Expert:  Ray replied 8 months ago.

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.

Customer: replied 8 months ago.
if i earn $9.25 per hour is that throwing me off and allow them to garnish?
Expert:  Ray replied 8 months ago.

Yes it does either go to minimum wage or they garnish yo here.

Customer: replied 8 months ago.
wanted to get a 2nd opinion
Customer: replied 8 months ago.
how do i
Expert:  Ray replied 8 months ago.

I'll opt out here and leave for other experts, thanks.

Expert:  Maverick replied 8 months ago.

Welcome to Just Answer! My name is Maverick. Please give me a few minutes to review your inquiry. Thank you for your patience.

Expert:  Maverick replied 8 months ago.

You may want to use this wage garnishment calculator to find the number you are looking for.

Please Note:

(1) The information I provide is general in nature and for educational purposes only. For example, it may help you identify the scope of receiving unbundled legal services from a local lawyer. It should not be construed as “legal advice” or as the rendition of “legal services” on any subject matter. I am not a specialist in any field. This information may not reflect current legal developments for your specific jurisdiction and is not guaranteed to be correct or complete. No attorney-client relationship is established without a signed written agreement and our communications are not confidential. Please do not act or fail to act based on this information alone. If you need legal advice or services regarding a specific matter, you should consult in-person with a local lawyer who can guide you after reviewing all the pertinent details of your situation. This disclaimer also applies to any telephone communications we may have.

(2) Most follow-up questions are answered with in the hour; however, if I am not signed on, please allow up to 24 hours.

(3) When we are done, please assign a feedback rating.

Customer: replied 8 months ago.
calculator inst helping me, if i earn minimum wage can they garnish?
Expert:  Law Educator, Esq. replied 8 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Your previous expert has opted out of continuing to work with you because they did provide you all of the information you were seeking.
The previous expert was correct, they can garnish 10% of your gross wages or wages up to 25% of your net wages. They can garnish you even if you make minimum wage, as you were told. It does not matter what you make, they can garnish up to that amount of your income. So both experts have correctly informed you and the only way to try to reduce garnishments is to file an objection to garnishment in the court that entered the garnishment order and you have to present a detailed financial statement to the court to argue the amount of the garnishment needs to be reduced based on it causing a significant financial hardship, but I am afraid that even though the court can reduce the garnishment amount you are still liable for your debt and can still be garnished.
Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page , as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.
Customer: replied 8 months ago.
The fist expert stated that if i earn min wage per hour they dont garnish, is that true??
Expert:  Law Educator, Esq. replied 8 months ago.
Thank you for your reply.
That is not true, the first expert stated, "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."
So they can garnish you if you make minimum wage at 10% of your gross income since your wages do not exceed 30% of minimum wage to allow them to take the 25% of disposable income.
Customer: replied 8 months ago.
these where his words "if they pay you minimum hourly wage you wold dodge garnishment."
Expert:  Law Educator, Esq. replied 8 months ago.
Thank you for your reply.
I believe you misunderstood, at minimum wage they can garnish up to 10% of your gross income. You can go to court, as I said and seek a reduction of that amount by arguing the significant financial hardship, but they can indeed still garnish you in NY if you make only minimum wage.
Customer: replied 8 months ago.
no matter how little you earn they can garnish?
Expert:  Law Educator, Esq. replied 8 months ago.
Thank you for your reply.
That is correct, one cannot avoid paying a judgment debt just because they do not earn much money, so they can still garnish you up to 10 % of your gross income if you only make minimum wage.
Customer: replied 8 months ago.
this is what i found after searching, 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. If your disposable income is less than 30 times minimum wage, it cannot be garnished at all., IS THAT TRUE?
Customer: replied 8 months ago.
now min wage is $9 in NY SO 30 X $9 + $270,
Customer: replied 8 months ago.
I assume thats per week, is that correct?
Expert:  Law Educator, Esq. replied 8 months ago.
You are misinterpreting what it says.
First it says, they can garnish 10% of your gross wage. Then it says "OR" 25% of your disposable income to the extent it exceeds 30% of minimum wage. The law does NOT say if your disposable income is less than 30 times minimum wage it cannot be garnished at all, in fact 30 times minimum wage would mean not many people could ever be garnished so that makes no sense.
That is NOT TRUE I am afraid, they can indeed garnish you at 10% if you make only minimum wage, so if you make $1200 gross each month they can take $120 per month from you.
Customer: replied 8 months ago.
what i see stated If your disposable income is less than 30 times minimum wage, it cannot be garnished at all, is not true??
Expert:  Law Educator, Esq. replied 8 months ago.
No it is NOT true.
It is if your disposable income is less than 30% of minimum wage, it can only be garnished at 10% and it would not be garnished at 25%. It does not say it will not be garnished at all.
Customer: replied 8 months ago.
please look at the link http://www.garnishmentlaws.org/us-wage-garnishment-limits/
Expert:  Law Educator, Esq. replied 8 months ago.
I saw that and it is not what the NY law says, that is why NY has the part in the law about the 10%.
Expert:  Law Educator, Esq. replied 8 months ago.
Like I also said, you can file an objection to garnishment if you want and prove the financial hardship and the fact that you make only minimum wage would be considered by the court, but the law certainly does not say simply you cannot be garnished.
Customer: replied 8 months ago.
IM SEEING IN MOST WEBSITES ADDRESSING IN LAW IN NY STATING THE FOLLOWING! Limitations on Wage Garnishments in New YorkGenerally, in New York State, a creditor can garnish either 10% of your gross wages or 25% of your disposable income, whichever is less. However, if your disposable income is less than thirty (30) times the minimum wage, it cannot be garnished at all. YOU ARE INGORING THE LAST PART, STARTING, if your, WHY IS THAT???
Expert:  Law Educator, Esq. replied 7 months ago.
Thank you for your reply.
If you are making Federal minimum wage or NY state minimum wage, whichever is greater, then garnishment can be taken only on the amount above minimum wages, that is what the statement says.
Customer: replied 7 months ago.
i was right!! so now if i make $270 per week for 30 hours they can not garnish, correct?
Expert:  Law Educator, Esq. replied 7 months ago.
They can garnish only what you make in excess of 30 times the minimum wage. So, if you make exactly minimum wage and nothing more there are no available funds for them to garnish.
Customer: replied 7 months ago.
why dont you answer direct, i gave u a scenario, can you answer direct with my #'s?
Expert:  Law Educator, Esq. replied 7 months ago.
I believe I did answer direct, if you take home only minimum wage per hour, they cannot garnish anything under the 30 times the minimum wage.
Customer: replied 7 months ago.
Direct to the example I gave!! Is $270 a week on 30 hours garnishable?
Customer: replied 7 months ago.
If not, how about if I earn to same $270 but instead of working 30 hours I work 20 hours what happens than??
Expert:  Law Educator, Esq. replied 7 months ago.
No, since that is $9 per hour, you would need to make more than the $9 per hour to have garnishment for the amount over $9 an hour you make.
If you earn $270 for 30 hours, then your wage does not exceed the minimum wage. However, anything you earn over that $9 is subject to garnishment, so if you earn the same $270 for 20 hours, then $90 of that amount would be subject to garnishment or $25%
Customer: replied 7 months ago.
How about if it's a salary, which is not bound to hours sometimes it's more hours and sometime less?
Customer: replied 7 months ago.
HELLO
Expert:  Law Educator, Esq. replied 7 months ago.
Thank you for your reply.
If it is salary, it would not be minimum wage because under the law in order to receive salary you must make at least $455 per week (until the new rules go into effect when the US District Court lifts their emergency injunction and then it will be $913 per week. So with salary, anything over the minimum wage can have 10-25% taken under the garnishment rules.
Customer: replied 7 months ago.
WHAT? i cant earn a salary as a part time job less than $455 weekly????????????
Expert:  Law Educator, Esq. replied 7 months ago.
Under the US Department of Labor rules, that is correct, you have to meet the salary basis test and also be in a qualified position for receiving salary. So the salary basis test is $455 a week right now or $24,600 per year and you need to be a professional employee, management employee, purely administrative employee or computer professional.
Customer: replied 7 months ago.
if i dont meet the rules i got to work for free? please explain in details
Expert:  Law Educator, Esq. replied 7 months ago.
Thank you for your reply.
If you do not meet the rules, you need to file a complaint with the US Department of Labor Wage and Hour Division and they would have to investigate you being misclassified as a salary employee when you should be hourly and you have to provide proof of any overtime you worked and would be entitled to overtime pay plus an amount equal to that as penalty for them misclassifying you.

Related Employment Law Questions