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My wifes boss was sent wage garnishment papers, but we never received any notice beforehand. Is this proper ?
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If your wife never received a summons and complaint, which would give her notice that she is being sued, then it is not proper. However, in order to get it thrown out by the Court, you have to do an order to show cause and make the other side prove that they did in fact serve your wife properly.
Does your wife have other debnts besides this one? My telephone number is (914) 965-7230 in case you wanht to call me.
Regards,
Don London
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Dear Sir:
I believe that your wife should have received prior notice. If you or your wife would like to discuss this matter further, please call my White Plains office at 946-6555.
Very truly yours,
Ken Busman
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Normally, in New York, a person or business you owe money to must file a lawsuit, and serve copies on you, and obtain a Judgment, before being able to send a garnish to an employer. Even then, the garnish forms are first sent to the Sheriff of your County of Residence who will send you a letter and give you 20 days to pay amicably, before serving the Employer.
As far as I know, only the IRS, and perhaps NYState Tax are exempt from these procedures and may be able to go direct to the employer, although even then, it is after at least one, and usually, several notices to the tax payer to pay what is owed.
To determine what went on in your wife's matter, the employer should be able to give you a copy of what they received, showing who the creditor is. Then, a first step would be to check the County Clerk's office in your county, to see what lawsuit was filed and how they served a copy of the wife.
To comment further, would require a consultation and review of the information obtained. I may be able to assist by negotiating a private payment plan, or your wife may want to consider other alternatives to stop any garnish. If there are other debts, such as medical bills, credit cards or loans, which you cannot pay, bankruptcy may be the best, if not the only real alternative. You may protect many assets and belongings under New York State law, and get relief from these debts, and from the garnish.
Nathan Horowitz, Esq., WHite Plains, New York, 914-684-0551
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