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Civil Division

Frequently Asked Questions

Below are frequently asked questions of the Civil Unit.

Q: Will the Civil Unit investigate my case for me?
A: No, you must provide us with accounts and properties you wish to be seized or the name and address of the employer.

Q: Will the Civil Unit act as my attorney?
A: No, we do not give legal advice, but advise you of our procedures.

Q: As a judgment debtor, when do I have to make payments?
A: New York State law requires you to make payments (10% of your gross pay under certain conditions), on a regular basis.  You should remit payments at least bi-weekly.

Q: I already have the IRS garnishing my pay for 10% of my gross, do I have to also pay you 10% of my gross pay?
A: No.  Under New York State Law, a judgment debtor can only have one 10% garnishment at a time.

Q: I already have court ordered child support (over 25% of my gross pay) garnished.  Can my pay be further garnished 10% by the Sheriff?
A: No.  Under New York State Law,  25% is the maximum amount garnishable.

Q: I only work part-time and make only about $150 per week.  Do I have to pay $15.00 per week?

A: No.  Under New York State Law, a judgment debtor must take home at least $291.00 a week. This is the gross pay minus all deductions mandated by law and the 10% garnishment.

 

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