How do I appeal a wage garnishment in NY?

If you live in the state of New York and a sheriff delivers you an order of wage garnishment NY that has been filed by any of your creditors, you have a period of 20 days to either begin making payments on the debt or to contact the creditor that ordered the garnishment directly. Most creditors are happy to agree to a payment schedule if it means that the courtroom can be avoided. However, there are instances in which creditors simply won’t allow a payment plan to be made, especially in cases where the debt has been outstanding for a significant amount of time. In these cases, you should file an official appeal with the court that issued the garnishment order. 

In order to file for an appeal of garnishment, you’ll have to be able to prove that the garnishment itself poses a direct threat to your ability to functionally survive, deterring you from being able to provide basic necessities for you or your family. You’ll have to contact the court that issued the garnishment to file a claim of exemption from the garnishment, and provide sufficient evidence stating that your wages don’t allow you to survive if they are garnished.

You may wish to speak with an experienced lawyer who can help you to deal with the garnishment and who can help you to understand your options for a wage garnishment appeal within New York state.