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Old 06-10-2001, 04:18 PM
misty blue
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Help with New York State debt collection laws. I am in default on my credit card payments by 6 months (considering bankruptcy). Collection agencies are calling and threatening to garnish my wages. Can they do this in New York State?
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Old 06-10-2001, 05:45 PM
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No. Your wages cannot be garnished just on a claimed debt. They must obtain a court judgment first, and then have to go through the legal process of garnishment. At the garnishment process, you have the right to challenge their attempt.

I suggest that you read the FDCPA (Fair Debt Collections Practices Act) at [url]http://www.ftc.gov[/url] to see what they can, and more importantly, CANNOT do. And, since it appears that your credit collector is in possible violation, there is an online complaint process you can use at the same page.

Finally, even if they were able to garnish your wages (they aren't), a review of my 'quickie' book tells me that NY exempts the first 90% of all your earnings over $127.50 per week, and the first $127.50 per week is totally exempt.
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