Garnishment of wages law in NY state?

Question

a credit card company is trying to garnish my boyfriend's wages for a 2001 credit card debt of 3400 dollars, which he can't remember owing. he did have the credit card but he only used up to 1500 to partially pay for a car and he fully paid for it on 2006 and got the receipt to prove it. he's pretty sure he didnt use 3400 from that credit card. and he doesnt owe any company money.

how can he prove that it's not his? are there any laws of garnishment in wages in new york state? can they lawfully do this to him? is it possible that its a case of fraud or identity theft? please help!

Answer 1

This is New York law regarding garnishment:

WAGE GARNISHMENT EXEMPTION:  Ten percent (10%) of gross income, or the federal maximum, whichever is less

Remember this, the Fair Debt Collection Practices Act DOES NOT apply to major credit card banks?   It applies only to the collection attorneys and professional debt collection companies they might hire. Original creditors are regulated by state law; however, the major credit card companies follow policies that closely mirror those of the FDCPA and will comply with your request to stop phoning you at home and work, etc., just as if you were dealing with a collection service. If you believe you have been harassed by an original creditor, or that the original creditor has done something illegal or threatening towards you, then research your state laws on the subject and contact the proper authorities to file a formal complaint. Typically, the Attorney General in your state is the proper authority to contact.

Hope this answers your question

LEGAL DISCLAIMER:  The advice contained herein is for informational purposes only.  It is not to be construed as Legal Counsel nor Legal Advice.

Answer 2

Your bf needs to get a copy of the paperwork that the creditor filed with the court showing that they were owed the debt.  It seems that your bf ignored the court summons and a default judgment was entered against him.  If he really doesn't owe the money, it is possible to try to have the default judgment set aside - he would need to hire an attorney who handles consumer credit issues.

I would have him call the credit card company and ask them to send him the last statement from the credit card.