Wage Garnishment Lawyer Serving New York and Nassau County
If money is already being taken from your paycheck, the fastest legal tool available to stop it is a bankruptcy filing. The moment a Chapter 7 or Chapter 13 petition is filed, an automatic stay takes effect — halting the garnishment as of the moment it is filed. Realistically the employer does not get notified that quickly so any salary taken after the case filing will have to be returned. Aronow Law P.C. has stopped wage garnishments for Nassau County and Long Island clients for 23+ years, through bankruptcy, exemption claims, and creditor defense — using whichever tool fits the situation fastest.
Bankruptcy Filing Stops Garnishment Immediately — Same Day in Most Cases
New York Garnishment Limits Are Lower Than Federal Law Requires
Social Security, Disability, and Certain Income Sources Are Exempt From Garnishment
Wage Garnishment, Bankruptcy, and Debt Defense Handled in a Single Engagement
Free Consultations With No Time Limit
How Wage Garnishment Works in New York — and What Limits Apply
A wage garnishment in New York is initiated when a creditor who has obtained a court judgment serves an income execution order on your employer. Your employer is then legally required to withhold a portion of each paycheck and remit it to the creditor until the judgment is satisfied.
New York law imposes garnishment limits that are more protective than federal law. In New York, a creditor can garnish the lesser of:
- 10% of gross wages, or
- 25% of disposable income (income remaining after legally required deductions)
Federal law sets the limit at 25% of disposable income. New York's 10% of gross wages cap applies first, and for most workers it results in a lower withholding amount than the federal limit would allow. This does not make a garnishment affordable — but it does mean there is a ceiling, and creditors who exceed it are violating the law.
Certain types of income are fully exempt from garnishment in New York regardless of the amount:
- Social Security benefits
- Supplemental Security Income (SSI)
- Disability benefits
- Veterans' benefits
- Child support and spousal maintenance payments received
- Unemployment insurance
- Workers' compensation
If a creditor or employer is withholding exempt income or garnishing more than the legal limit, that is a separate legal violation that Aronow Law can address directly.
When Bankruptcy Is Not the Right Tool
Bankruptcy is the fastest route, but it is not the only one and it is not right for every client. Depending on the source of the garnishment and the underlying debt, other approaches may produce a better outcome.
Child Support
We help parents establish and modify child support orders in accordance with Florida guidelines. Our approach ensures your child’s needs are met while maintaining fair obligations for both parents.
Student Loan Recertification — Maintaining Income-Driven Repayment Eligibility
Income-driven repayment plans require annual recertification of income and family size. Missing a recertification deadline can result in a payment spike, capitalization of unpaid interest, and loss of repayment plan eligibility. Aronow Law assists clients with the recertification process — including clients who missed a deadline and need to restore their plan — and evaluates whether the current repayment plan still makes sense given changes in income or family circumstances.
Challenge the Underlying Judgment
A wage garnishment in New York requires a valid court judgment. If the judgment was obtained improperly — through defective service, a case the debtor was never properly notified of, or a debt that is time-barred — the judgment itself may be subject to vacatur. Vacating the judgment eliminates the legal basis for the garnishment entirely.
Claim Exempt Income
If the income being garnished is exempt under New York law — Social Security, disability, veterans' benefits — filing an exemption claim stops the garnishment without requiring a bankruptcy filing. Aronow Law identifies whether exempt income is being withheld and pursues the appropriate exemption claim where it applies.
Negotiate a Settlement or Payment Arrangement
In some cases, the creditor will agree to stop the garnishment in exchange for a negotiated lump-sum settlement or a structured payment plan. This is most viable when the judgment balance is manageable and the client wants to resolve the underlying debt without a bankruptcy filing. Aronow Law negotiates directly with judgment creditors on the client's behalf.
The Fastest Way to Stop a Wage Garnishment: Bankruptcy
Filing Chapter 7 or Chapter 13 bankruptcy triggers an automatic stay — a federal court order that immediately halts virtually all collection activity, including wage garnishments, bank levies, creditor lawsuits, and foreclosure proceedings. The stay takes effect the moment the petition is filed, not days or weeks later.
Once the bankruptcy is filed, Aronow Law notifies the employer and the garnishing creditor of the stay. Any salary taken after the filing of the petition will have to be returned. If the employer continues to withhold wages after receiving notice, that is a violation of the automatic stay and is enforceable through the bankruptcy court.
The underlying debt strategy — whether Chapter 7 discharges the judgment debt entirely, or whether Chapter 13 restructures it through a repayment plan — is evaluated based on the full picture of the client's financial situation. In either case, the garnishment stops first.
Frequently Asked Questions About Wage Garnishment in New York
How do I stop wage garnishment in New York?
The fastest method is filing bankruptcy, which triggers an automatic stay that halts the garnishment immediately upon filing. Other options — depending on the source and validity of the garnishment — include claiming exempt income, challenging the underlying judgment, or negotiating a settlement with the creditor. Aronow Law evaluates which approach stops the garnishment fastest and produces the best overall outcome based on your specific debt situation.
Can filing bankruptcy stop a wage garnishment immediately?
Yes. Filing Chapter 7 or Chapter 13 bankruptcy triggers an automatic stay that takes effect the moment the petition is filed — before a discharge, before a hearing, before anything else happens in the case. Aronow Law notifies the employer and the creditor of the stay immediately after filing. If your employer continues to withhold wages after receiving that notice, they are in violation of a federal court order.
How much can a creditor garnish from my wages in New York?
In New York, the garnishment limit is the lesser of 10% of your gross wages or 25% of your disposable income — whichever is lower. This is more protective than the federal limit of 25% of disposable income. For most workers, New York's 10% of gross wages cap is the operative limit. Social Security, disability benefits, veterans' benefits, and certain other income sources are fully exempt from garnishment regardless of the amount.
Can my Social Security be garnished for a creditor judgment in New York?
No. Social Security benefits are fully exempt from garnishment by private creditors in New York. Federal student loan debt and certain federal obligations — including back taxes and child support — are exceptions, but a standard creditor with a civil judgment cannot garnish Social Security income. If Social Security funds are being withheld, that is a violation that Aronow Law can address immediately.
What if I didn't know about the lawsuit that led to the garnishment?
If you were not properly served with the lawsuit, the judgment that produced the garnishment may be subject to vacatur — a legal motion to set aside the judgment on the grounds that the court lacked proper jurisdiction over you due to defective service. If the judgment is vacated, the legal basis for the garnishment is eliminated. Aronow Law reviews the service history of every garnishment case where the client reports not having received notice of the underlying lawsuit.
Your Next Paycheck Can Be Yours. Let's Make That Happen.
Whether a garnishment started last week or has been running for months, the legal tools to stop it exist — and Aronow Law has used every one of them for Nassau County and Long Island clients for more than 23 years. The consultation is free, has no time limit, and Darren takes the call.
