If you are burdened with debt and have creditors chasing you, you may be subject to wage garnishment under New York State Law. Sometimes, people who are on the verge of bankruptcy or who have high amounts of credit card debt are forced to pay off some of that debt directly from their paycheck. Rochester, NY's Attorney Robert A. Schwartz is an experienced debt relief lawyer who has helped many clients better understand the wage garnishment process and their rights when dealing with creditors.

Here are some facts you should know about wage garnishment in New York state:

• The Amount Limits: While most creditors would be more than happy to take as much as they could from your paycheck, there are limits. Creditors can only garnish up to 10% of your gross wages or 25% of your disposable income up to the amount that exceeds 30% of minimum wage, whichever is lower. This will ensure that you will still have enough to pay your living expenses but that you are doing your duty to pay back your debt.
• Different Debt Has Different Limits: The amount of wage garnishment is different for any child support you owe, student loans that are in default, and unpaid taxes. For example, the state can only garnish up to 10% of your gross wages for unpaid taxes. Working with an experienced attorney can help you better understand what you are legally obligated to pay under these circumstances.
• A Court Order Isn't Required: In New York State, there are several situations in which your wages can be garnished without a court order. If you are obligated to pay court-ordered child support, have defaulted on your student loans, or have unpaid income taxes, your wages can be garnished without a court judgment.

If you have questions about wage garnishment laws in Rochester, NY, get in touch with the office of Robert A. Schwartz. He has been helping clients for more than 30 years, and can help you understand what your rights are when facing situations that involve wage garnishment. Visit the firm’s website or call (585) 334-4270 to make an appointment.