New York Order Requiring Debtor's Employer to Remit Deductions from a Debtor's Paycheck to Trustee

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The U.S. Bankruptcy Code also allows individual debtors who meet certain financial criteria to adopt extended time payment plans for the payment of debts. An individual debtor on a regular income may submit a plan for installment payment of outstanding debts. This is called a Chapter 13 Plan. This plan must be confirmed by the court. Once it is confirmed, debts are paid in the manner specified in the plan. After all payments called for by the plan are made, the debtor is given a discharge. The plan is, in effect, a budget of the debtor's future income with respect to outstanding debts. The plan must provide for the eventual payment in full of all claims entitled to priority under the Bankruptcy Code. The plan will be confirmed if it is submitted in good faith and is in the best interest of the creditors.


A Chapter 13 plan must provide for the submission of all or such portion of future earnings or other future income of the debtor to the supervision and control of the trustee as is necessary for the execution of the plan. After the confirmation of a Chapter 13 plan, the court may exercise its discretion and order any entity from whom the debtor receives income to pay all or part of such income to the trustee.

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FAQ

If you disagree with the garnishment, you can file an Order to Show Cause with the appropriate court. After receiving instructions from the Sheriff or Marshal, OPA will suspend the distribution of your deductions until further instructions are received from the City Marshal or Sheriff.

Generally, the creditor needs to get a court order before it can garnish your wages. In New York, wage garnishment is also called an income execution. The creditor will send a notice of income execution to an enforcement officer. In the five boroughs of New York, the enforcement office is the New York City Marshal.

In New York State, a creditor can garnish the lesser of 10% of your gross wages or 25% of your disposable income to the extent that this amount exceeds 30% of minimum wage. If your disposable income is less than 30 times the minimum wage, it can't be garnished at all. (N.Y.C.L.P.R. § 5231).

How To Stop a Garnishment in New York. Paying the debt in full would stop a garnishment. You can pay it in a lump sum or come to an agreement with the creditor to pay the debt in installment payments. If the creditor got a default judgment against you, you can also file an order to show cause.

An income execution is a type of levy that may be issued against your wages if you fail to resolve your tax debt. We will ask you to voluntarily pay up to 10% of your gross wages each time you're paid.

If your employer receives an income execution and you believe some or all your income is exempt, you can file an exemption claim form with the court that issued the execution. You can usually get this free form from the court.

A common tactic used by creditors attempting to collect money from you is to attach your wages, which essentially forces you to make a payment to them out of every pay check. This, along with a bank levy, are the two most commonly used tools in a creditor's toolbox.

Income Execution (IEX) is the process by which payments for current and/or overdue support are deducted from a noncustodial parent's wages or other income by the noncustodial parent's employer or income payor.

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New York Order Requiring Debtor's Employer to Remit Deductions from a Debtor's Paycheck to Trustee