Notice of garnish

[mgnet2000]

What is the name of your state?NY

I was serve with a notice of garnish from one of my creditors, the court assign ten percent of my salary to this creditor. I’m currently paying child support plus I have an agreement with another creditor, ten percent is too much, I need to pay my bills and eat.

How can I dispute this amount to a lower percentage or where do I have to go to get the proper paperwork to fight this decision?

Thanks

[JETX]

[quote=mgnet2000]I was serve with a notice of garnish from one of my creditors, the court assign ten percent of my salary to this creditor. I’m currently paying child support plus I have an agreement with another creditor, ten percent is too much, I need to pay my bills and eat.[quote]
Your private 'deal' is not relevant to the garnishment.

How can I dispute this amount to a lower percentage or where do I have to go to get the proper paperwork to fight this decision?

Read the garnishment papers you got. The process of filing a motion to challenge the garnishment is stated therein.

[mgnet2000]

Thanks JETX

[mgnet2000]

One more question.

Can I request in writing to this creditor to stop all attempt collections since child support takes a25% of my salary?

According to New York Laws the maximum amount recoverable is ten percent (10%) of gross income, or the federal maximum, whichever is less.
If the debtor is subject to garnishment for alimony, support or maintenance, the combined garnishments cannot exceed twenty-five percent (25%) of disposable earnings.
Income executions are prioritized by order of delivery to the Sheriff, but garnishments for alimony support or maintenance always take priority.

Thanks

[Cushie]

I'm trying to get this straight.

Creditor #1 is garnishing 10%.

Child support is also garnishing 25%

Creditor #2 hasn't sued, but wants money on a regular basis.

Is that correct? According to my interpretation of the law, it seems to me that they can combine judgements and take both 25% plus 10%.

The other creditor (#2) will just need to take lower payments or get in line to garnish. You can't write to #1 and ask them to stop, since they have a legal right to take your money. You may challenge the garnishment.

[ablessin]

You may have to consider taking a part time job to pay these debts.

Creditors don't give a rip about your groceries - the fact is that you owe them money and they want it.....

the time to negotiate has long passed - you're now at their mercy