New york garnishment forms

There are many tools to help you collect money or property from the Debtor. Some Courts give you the forms you need. Contact the Court to see if it has a form for you and to find out where to file it. Skip to Main Content. Collection Tools: There are many tools to help you collect money or property from the Debtor. A court order of garnishment allows a creditor to take the property of a debtor when the debtor does not possess the property. A garnishment action is taken against the debtor as defendant and the property holder as garnishee.

Garnishment is regulated by statutes and a plaintiff can initiate a garnishment action as a means of either prejudgment seizure or post judgment collection. All properties are not subject to garnishment. Exemptions are created by statutes to avoid leaving a debtor with no means of support. There are different types of garnishments, as defined by state laws, which vary by state. A garnishment may be made on a one-time or continuing basis.

Some kinds of income are exempt, which means that they cannot be garnished at all by creditors for consumer debts, including welfare, unemployment, veterans benefits, Social security, workers' compensation, pensions, and child support payments that you receive.

For ordinary garnishments i. The procedure to obtain a garnishment order is determined by state law. A levy is a legal order requiring a third party, usually your bank, to remove money from your account and turn it over to the judgment creditor or collection agency that has the judgment against you.

To remove the levy, you must either pay the bill in full or show that the funds in the account are exempt. New York is one of the few states that protects your bank account by requiring the judgment creditor and the bank to take certain steps before your bank account can be levied or restrained.

The EIPA also requires the bank to analyze the funds in your account to make sure it does not contain exempt funds. It also requires the judgment creditor to issue exemption forms to the bank to give to you, and to appropriately address any claimed exemptions.

Certain types of funds are exempt from restraint or levy. These funds include:. If a judgment creditor levies a bank account containing exempt funds, you may be able to get the money back.

The court has a free form that can be used for this purpose called an Exemption Claim Form. Legal Editor: Marshal Coleman, Esq. Changes may occur in this area of law. The information provided is brought to you as a public service with the help and assistance of volunteer legal editors, and is intended to help you better understand the law in general.

It is not intended to be legal advice regarding your particular problem or to substitute for the advice of a lawyer. Request A Lawyer.