How to Stop Wage Garnishment in New York

Posted By Law Office of Simon Goldenberg, PLLC || 19-May-2017

Order To Show Cause To Vacate Judgment

It might be easier to resolve a debt that has not entered garnishment status, but if you’re wages are being seized, it still might not be too late to get help. Depending on the circumstances, you may be able to contest your judgment due to improper service. In order to do so, you’ll need to bring a motion, or an Order to Show Cause To Vacate Judgment, in court to contest the validity of service and propound a meritorious defense to the underlying claim. However, if you do not have a basis to contest the judgment, you may need to consider filing for bankruptcy, which could stop the garnishment and discharge your obligation to repay.

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Our attorneys have helped hundreds of New Yorkers to resolve their judgments. Many of these clients were able to have their judgments vacated and have their debts settled for substantially less than the outstanding balance.

At the Law Office of Simon Goldenberg, PLLC we make the process easier for you by handling the complexities, including:

  1. Conducting an in-depth analysis your particular case to determine possible defense;
  2. Drafting the motion to vacate (or Order to Show Cause);
  3. Filing the documents in court;
  4. Serving the the creditor's attorneys with notice;
  5. Conducting settlement negotiations (where necessary).

Who are the New York City Marshals?

If you live in New York City and your wages are being garnished for a credit card or student loan debt, chances are that your judgment has been assigned to a NYC Marshal’s office.

Receiving a notice from a City Marshal can be confusing and scary. You may be thinking “why is a Marshal contacting me?” A Marshal acts as a full-time enforcement officer of the Civil Court. They have different tasks such as collecting on judgements, seizing property, and carrying out evictions. City Marshals are NOT employees of the City nor the Civil Court, rather they are independent public officers who receive their income through fees, paid to them by the parties of court cases. They are entitled to 5% of the judgment money they collect, known as a poundage fee. If you are contacted by a Marshal, do not ignore it. They may be able to garnish your wages and seize your assets; contact us right away to learn how we can help you put this behind you.

Some of the most notorious NYC Marshals are Ronald Moses; Martin Bienstock, and Henry Daley. They bring in the most revenue out of all 46 marshals in the New York Area. Nicknamed the “Tow King”, Ronald Moses made the most in 2011 out of all 46 marshals, bringing in roughly $5 million.

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If you've been deprived of your days in court, don’t give up without fighting for your rights! Our firm is rated A+ by the BBB, and our principal Attorney, Simon Goldenberg, has been selected as a SuperLawyers Rising Star for 3-consecutive years.

Learn what our debt relief firm can do for you by contacting us today at (888) 301-0584.

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