Garnishment

SMN82

New Member
Jurisdiction
New York
I had a garnishment taking 10% of my gross income (10% of my gross income is less than 25% of my disposable income). I later received a garnishment notice from the Department of Education. My employer is now taking the full 25% of my disposable income. The way I understood what I had read was that in NYS the max that could be taken would be the lesser of 10% of my gross or 25% of my disposable income. Would this still not be true if one of those was for the department of education?
 
Do you have more than one job?
If so are you factoring all jobs together when calculating the gross or are you looking at just the one job?
 
Just one job, not receiving income from multiple sources.


If I were you, I'd talk to a couple bankruptcy lawyers.

Bankruptcy might be able to help you.

As I understand it, you have no money left after all/most of it is taken.

Bankruptcy was created to help people.

Talk to a lawyer about how or if it can help you.
 
If I were you, I'd talk to a couple bankruptcy lawyers.

Bankruptcy might be able to help you.

As I understand it, you have no money left after all/most of it is taken.

Bankruptcy was created to help people.

Talk to a lawyer about how or if it can help you.
Thanks! I am thinking that is probably m best option at this point. I am a single mother of 4 also paying out 1/3 of my "disposable income" to daycare... at this point I can't afford the gas to get to work.
 
Thanks! I am thinking that is probably m best option at this point. I am a single mother of 4 also paying out 1/3 of my "disposable income" to daycare... at this point I can't afford the gas to get to work.


You can research "chapter 7 bankruptcy" online this weekend.
Make an appointment to meet with a couple lawyers on Monday or Tuesday.
You can also research "chapter 7 pro se bankruptcy", which discusses doing it yourself.
If you do it yourself, you'll save a lot of money, which is probably important to you right now.
But, with education loans, it may not be easy, so consider that.
Bottom line, at least talk to two lawyers before deciding what way works for you.

I can tell you, that bankruptcy works.
It is a way forward, and you'll be less stressed once you start the process.

Best of luck, please let me know what you decide, and how things are working out as you progress.
 
The 10% was for a car (civil judgement) then they added a student loan and took a total of 25%.

I'm not in New York, but a quick Google search suggests the two part limit you mentioned in your original post is correct. However, if the student loan garnishment is for federally guaranteed loans, then federal law, not state law, likely governs.
 
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