Wage Garnishment Attorneys in Queens, NY

When a creditor starts taking money directly out of your paycheck, the financial pressure compounds quickly. If your wages are already being garnished, or if you have received notice that garnishment is coming, there are legal options available to you right now. At Shiryak & Habib LLP, we help Queens residents understand how garnishment works under New York law, what limits apply, and what steps can stop it.

Explore legal solutions to protect your income. Contact us online or call (908) 460-1337 for a free consultation with a wage garnishment lawyer.

How Wage Garnishment Works in New York

Wage garnishment, which New York law refers to as income execution, is a legal process that allows a creditor who has obtained a court judgment against you to collect directly from your paycheck. Your employer receives an order and is legally required to withhold a portion of your earnings and send it to the creditor until the debt is paid.

For many residents, this comes as a shock. By the time garnishment begins, there has usually been a lawsuit, a judgment, and a series of notices that may have gone unanswered or unnoticed.

The important thing to understand is that garnishment does not mean the situation is over. It means a judgment exists and is being enforced. Both of those things can be addressed.

What New York Law Says About Garnishment Limits

New York provides stronger protections for workers than federal law alone requires. Under New York Civil Practice Law and Rules, a creditor can only garnish the lesser of:

• 10% of your gross wages, or
• 25% of your disposable income, but only to the extent that amount exceeds 30 times the state minimum wage

If your disposable income is at or below 30 times the current minimum wage, your wages cannot be garnished at all. These limits apply to most consumer debts, including credit card balances, personal loans, and medical debt. They do not apply to certain obligations such as child support, alimony, or tax debts, which operate under separate rules.

Knowing where you fall within these limits matters. If a creditor is taking more than the law allows, that is something an attorney can act on directly.

What Shiryak & Habib LLP Can Do for You

Wage garnishment is not something you have to simply absorb while it runs its course. There are meaningful legal steps available, and our team works through every one that applies to your situation:

• Reviewing the underlying judgment. Garnishment requires a valid judgment. We examine how that judgment was obtained, whether you were properly served with the original lawsuit, and whether any procedural errors were made that could affect its enforceability.
• Challenging a default judgment. If a judgment was entered against you because you were unaware of the lawsuit or were not properly served, there may be grounds to have it vacated in court. Removing the judgment removes the basis for the garnishment.
• Verifying that garnishment limits are being followed. We confirm that the amount being withheld complies with New York law and take action if it does not.
• Negotiating directly with the creditor. In some cases, a negotiated settlement or payment arrangement can resolve the underlying debt and bring the garnishment to an end on terms that are more manageable than the current withholding.
• Claiming exemptions. Certain types of income are exempt from garnishment under New York law, including Social Security benefits, public assistance, unemployment insurance, and workers' compensation. If exempt funds are being wrongly withheld, we take steps to correct that.