Can I get my money back from an illegal garnishment of my wages?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 13 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.