husband taken to small claims court

[hei222]

What is the name of your state? New York
My husband was taken to small claims court and lost. We both felt it was very wrong. My husband agreed to pay for a snowblower when we got our tax money back. There was nothing in writing at all. Well, we got the snowblower home, and the first heavy snow, used it and about 5 minutes later it stopped working. He tried to contact the person he got it from to tell him it didn't work and wanted to return it, but he wouldn't take it back, and took my husband to court. Needless to say, they ruled in favor of him. It has been more than 30 days and we have not payed, I refuse to pay for something that is broken! Anyway, can he garnish our bank account if it is a joint account? If he garnishes my husband's wages, is there a limit on the amount he can take out each week? Do you think it is likely that he will try to garnish, or are there other ways he can try and collect the debt? Thanks for the help.

 

[HomeGuru]

What is the name of your state? New York
My husband was taken to small claims court and lost. We both felt it was very wrong. My husband agreed to pay for a snowblower when we got our tax money back. There was nothing in writing at all. Well, we got the snowblower home, and the first heavy snow, used it and about 5 minutes later it stopped working. He tried to contact the person he got it from to tell him it didn't work and wanted to return it, but he wouldn't take it back, and took my husband to court. Needless to say, they ruled in favor of him. It has been more than 30 days and we have not payed, I refuse to pay for something that is broken! Anyway, can he garnish our bank account if it is a joint account? If he garnishes my husband's wages, is there a limit on the amount he can take out each week? Do you think it is likely that he will try to garnish, or are there other ways he can try and collect the debt? Thanks for the help.

**A: the sale was an " as-is with no waranty" type of sale. You should have tested it out prior to buying it. Finally, since there is a judgement, your only option would be to pay the money.

 

[JETX]

"can he garnish our bank account if it is a joint account?"
*** Yes.

"If he garnishes my husband's wages, is there a limit on the amount he can take out each week?"
*** Yes. NY exempts "90% of earnings, except 1st $127.50 wk. which is 100% exempted". So, the judgment creditor can take 10% of anything over the first $127.50 per week.

"Do you think it is likely that he will try to garnish, or are there other ways he can try and collect the debt?"
*** Wage garnishment is only one method available to a committed judgment creditor.