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trying to get my money

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mlherbig

Junior Member
What is the name of your state? New York
I went to small claims court in June 2004 & won a judgement of $4,690. against a contractor who did work in my home. He has no intention of paying this & has several other judgements against him. I have just found out that he is working as a maintenance laboror at a restaurant. How can I go about getting his wages garnished? I am sure he will quit the job if this happens, but I'll try anyhow. Also to make his life a little more difficult since he did it to me.
mlherbig
 
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TheJonAlter

Junior Member
You need to get in touch with a process server... they will know what to do to garnish his wages. Basically you pay a fee to the process server, which can range from $60-150ish roughly, and they will fill out all the paperwork for you and serve that person at their work or home.

You will need the address and the name of the establishment where that person works.
 

dcatz

Senior Member
Here's what NY permits in terms of wage garnishments (CPLR = Civil Practice Law and Rules)

An income execution may direct that installments from a judgment debtor's income of not more than 10% of the income be withheld and paid to the marshal, but no amount may be withheld for any week unless the judgment debtor's disposable earnings for that week exceed thirty (30) times the federal minimum hourly wage in effect at the time the earnings are payable.

Further, the amount withheld from the judgment debtor's earnings for any week may not exceed 25% of the judgment debtor's disposable earnings for that week or the amount by which the disposable earnings of the judgment debtor for that week exceed thirty (30) times the federal minimum hourly wage in effect at the time the earnings are payable, whichever is less. Where the earnings of the judgment debtor are also subject to deduction for alimony, support or maintenance for family members pursuant to CPLR §5241 or §5242, the amount withheld pursuant to the income execution may not exceed the amount by which 25% of the disposable earnings of the judgment debtor for that week exceeds the amount deducted from the judgment debtor's earnings, in accordance with CPLR §5241 and §5242.


You can get the tools yourself and present them to the Marshal with
appropriate fees. Here are a couple of site to give you the procedural mechanics for a garnishment or other form(s) of enforcement:
http://www.fair-debt-collection.com/state-garnishment-laws-4.html#33
http://www.courts.state.ny.us/ithaca/city/webpageJudgement.html
 

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