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TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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I filed chapter 13 app. 7.5 years ago,and my bankruptcy was

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I filed chapter 13 app. 7.5 years ago,and my bankruptcy was dismissed do to not following the plan..My company was bought out,and I received 2 income executions yesterday in the mail from calavery (paper chaser).Isn,t there a 'Time barred 'debt rulle on this in NY?

Thank you for your question. There is a time bar in New York state on debt,which is called the statute of limitations. It bars any lawsuit to collect a debt which is older than 6 years old, measured from the last date of payment on the debt.

However, in this case, you are talking about "income executions" which implies that the debt collectors already have a judgment against you. A judgment goes on in perpetuity as long as it is renewed every 10 years. If the debt which you owe is in a judgment form, there is no way to escape liability on it in your situation. However, you need to answer to show the amount of money you make and the monthly expenses you incur.

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.
"Disposable earnings" are those wages left after your employer has made deductions required by law. Examples of legally required deductions are federal, state and local taxes, social security and the employee portion of state unemployment compensation insurance. Deductions that are not required by law do not count to reduce your disposable income.

So, you need to establish what is the maximum amount they can take out of your paycheck and this will require that you answer and show proof of your budget and expenses.

Please let me know if you have further questions on this matter.

Best Regards,
Customer: replied 4 years ago.

Thanks,so everyone can come forward that has had a judgement against me? How many income executions can they take from me? Do you suggest refiling on a chapter 7?

The total amount of wages that can be garnished are at the levels set above. So everyone who has a judgment against you can only take up to say 25% of your wages combined. You always get to keep 75% from being garnished. However, you need to remember that they can also seize your bank accounts. So, even if you keep 75% of it, once you put it into a bank account it is subject to being seized through the judgments.

If you have more debt that you can afford to pay and it will make it impossible to live, then I absolutely think you should file for bankruptcy again. Just remember to keep in compliance with the plan.

Good Luck,
TexLaw and 3 other Legal Specialists are ready to help you

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Best Regards,