Can I get my money back from an illegal garnishment of my wages?

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Can I get my money back from an illegal garnishment of my wages?

I received a wage garnishment from the State of NY and I reside in the State of GA (past 5 years). I recently found out NYC has a law against garnishing wages for people who do not reside in that state. ADP (my companies payroll processor) executed the garnishment without properly notifying me or confirming the validity of the garnishment. I have sent all paperwork to the sheriff and the lawyer who have cancelled the order (which I have paid out over $1500). Was this illegal? Can I get my money back?

Asked on August 15, 2010 under Bankruptcy Law, Georgia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If a garnishment is improper then theoretically you can indeed try and recoup the money that was taken.  Some agencies have administrative procedures that can be followed to recoup the money but often you will have to sue the party that garnished the funds improperly.  If the funds have been passed off to the judgement creditor already it is doubtful that you will make any headway with them to return the money since they have a valid judgement against you.  Your companies payroll department also has some answering to do as they put the garnishment through.  Speak with them as well to find out what went wrong here. Good luck.


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