In N.Y. state.--- How do you go about garnishing wages?
after winning a money judement & eviction from the tenants?
What is the legal process needed ?
Answers:
The most common garnish is parsley, but I'd suggest something with a bit more imagination.
Perhaps spearmint over a citrus slice would add a nice aroma as well as visual appeal.
FILING AN INCOME EXECUTION:
In addition to a lein on personal property, a Judgment Creditor may also use other enforcement methods to collect a debt. The Creditor can file an Income Execution or wage garnishment to obtain a percentage of the Debtor's earnings to apply to the Judgment. The judgement creditor may contact the Sheriff's Civil Department for the procedure to file an income execution or wage garnishment. Again, as with the procedure for seizing personal property, the Creditor will need to inform the Sheriff about certain information, namely, the Debtor's employer, the employer's address and wages of the Debtor. This information can be obtained by requesting an Information Subpoena from the City Court Clerk. Additionally, a Transcript of Judgement must be filed with the County Clerk before the Sheriff will proceed to enforce a judgement by income execution.
If a Debtor files for bankruptcy during the collection proceedings, then all further collection efforts cease until the Debtor is released from Bankruptcy Court. The Creditor should contact the trustee in bankruptcy to determine if the debt will be paid or discharged by the Bankruptcy Court.
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