Recent Posts in Wage Garnishment/Income Execution Category
Posted on May 24, 2013 By Melissa Flores, Esq.
Are you a New York resident who maintains a bank account that consists of retirement or pension funds? If so, you should be aware that those retirement funds are beyond the reach of creditors ...
Continue reading "Retirement Funds Are Exempt from Bank Restraints in New York" »
Posted on May 9, 2013 By Jesse Langel, Esq.
The defendants in this case [1] : Mel S. Harris & Associates and NCO Portfolio Management, Inc. The plaintiff sued these collection entities under the Fair Debt Collection Practices Act ...
Continue reading ""Sewer Service" May Violate FDCPA, Holds New York Federal Court" »
Posted on Apr 25, 2013 By Jesse Langel, Esq.
In our prior blog ("Has your Employer Fired You because of a Wage Garnishment/Income Execution... "), we discussed your statutory right to damages should your employer retaliate against you ...
Continue reading "Fired because of a Wage Garnishment? New York Law Compared to Federal Law" »
Posted on Apr 16, 2013 By Melissa Flores, Esq.
The Langel Firm has recently been retained on several cases where consumers had been sued for the same debt twice. In one particular circumstance, our client had been sued without ever having been ...
Continue reading "Sued Twice for the Same Debt? Assert Your Rights Immediately!" »
Posted on Mar 31, 2013 By Jesse Langel, Esq.
Aptly titled, "Discrimination against employees and prospective employees based upon wage assignment or income execution," New York CPLR § 5252 sets forth in relevant part: "No ...
Continue reading "Has Your Employer Fired You because of a Wage Garnishment/Income Execution? Learn Your Rights Under New York Law." »
Posted on Mar 31, 2013 By Jesse Langel, Esq.
So your paychecks have been reduced by 10% (plus statutory interest and poundage fees) to pay off a judgment. Or, your creditor's lawyer seized your bank account bringing you to your knees forcing ...
Continue reading "Pay off a New York Judgment? Creditor is Obligated to File Satisfaction or Pay Penalty." »
Posted on Feb 27, 2013 By Melissa Flores, Esq.
In a case decided in early February by the New York State Supreme Court in Queens County, the court held that a judgment creditor could not garnish HRA benefit checks that are ultimately received by ...
Continue reading "New York Supreme Court Rules HRA Welfare Payments Not Garnishable: Creditor Must Wait until Judgment Debtor Endorses Welfare Payments to Pursue Enforcement Remedies" »
Posted on Jan 6, 2013 By Jesse Langel, Esq.
Maybe you've been hit with a Marshal/Sheriff's Notice of Garnishment. Maybe your employer has notified you that your wages will be reduced to satisfy an "income execution," otherwise ...
Continue reading "How much of my wages can be garnished? Summary of New York Law." »
Posted on Dec 10, 2012 By Jesse Langel, Esq.
Our client was sued at an address in a county where he had not resided for 17 years. Obsolete is an understatement. Consequently, he defaulted and needed to hire us to quickly stop a garnishment and ...
Continue reading "$14,500 Cavalry Portfolio Judgment Vacated; Schachter Portnoy Acquiesces to Dismissal of its Debt Buyer Lawsuit" »
Posted on Nov 12, 2012 By Jesse Langel, Esq.
This case [1] represents a recurring pattern in debt collection lawsuits: our client was sued in a county in which he never lived, has since moved to another state, and is suffering a wage garnishment ...
Continue reading "The Langel Firm Sues Rubin & Rothman for Garnishing Wages of Out-of-State Consumer" »
Posted on Mar 9, 2012 By Sheril Stanford
In a Nassau County (New York) District Court, Midland had obtained a default judgment against the consumer, and attempted to collect on it by freezing the consumer's Sovereign's Bank account. ...
Continue reading "Midland Funding, LLC prevails at wage exemption hearing due to debtor's chronic failure to show up in court" »
Posted on Mar 7, 2012 By Sheril Stanford
The US District Court for the Southern District has concluded that CPLR Article 52, as amended by the New York Exempt Income Protection Act (EIPA) does not allow for a private right of action by a ...
Continue reading "No private right to sue banks under Exempt Income Protection Act" »