What income is subjectto garnishment?

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What income is subjectto garnishment?

A collection agency, that has a judgment, has sent me letter stating that they are going to potentially seize my bank account. In this letter, they also include a partial list of monies that may be “exempt”. The 3 types of income that I receive are listed in this letter. They are unemployment insurance, workers’ compensation, and child support. Can they seize these types of income? They do have a judgement dated 9/5/06. In NY.

Asked on March 3, 2011 under Bankruptcy Law, New York

Answers:

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

Answered 10 years ago | Contributor

No, they can not technically seize the money received from these sources.  However, they can and do garnish bank accounts and then it is up to you to do what ever it takes to make sure that if the income in this account ids from one of these sources, that you file the appropriate documentation to have the account and the funds listed as exempt.  You should speak with your bank and see what they need.  You should go to your local court and see what paperwork they have to give you to file an exemption.  And maybe you should consider trying to negotiate a settlement with the creditor so that you can get this money off your back.  Good luck.


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