QUESTION

With an income exection or garnishment of salary, does the gross amount include disposable earnings?

Asked on Nov 19th, 2013 on Debtor and Creditor - New York
More details to this question:
In a judgement of income execution I have been instructed to pay or have garnished 10% of my gross salary. The judgement states I am receiving more than $217.50 a week, so is the 10% based on that amount or is the gross considered after federal,state etc is deducted? I have been instructed to send to the Sheriff's Office 10% of my gross each week and a copy of pay slip for that week. What I really asking is what constitutes the amount , the gross with no required deductions or after and what role does the $217.50 play in the entire amount payable to Sheriff or garnishment if I do not comply with the weekly payments.
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1 ANSWER

Debt Collection Attorney serving Garden City, NY
4 Awards
You are exempt if your total gross weekly earnings are below 30 times the minimum hourly wage. If you earn more, 10% of your gross earnings (NOT NET) are subject to wage garnishment.
Answered on Nov 20th, 2013 at 4:11 PM

I do NOT know you. I am NOT your lawyer. For more information, please feel free to visit my website or schedule an appointment. nathansonlaw.com

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