Another wage garnishment Question

**JOSUE** · 08-26-2010, 11:42 AM

Hi All,

In NYC they can take max 10% out of wages in garnishment, but I am an independant contractor with different amounts each paycheck. Tried calling the AG, but they don't give out statutes. Wondering if anyone knows if IC are exemt of wage garnishment? Or if it works against us?

Thanks,

Josue

**Evan Bedard** · 08-26-2010, 12:22 PM

In NYC they can take max 10% out of wages in garnishment, but I am an independant contractor with different amounts each paycheck. Tried calling the AG, but they don't give out statutes. Wondering if anyone knows if IC are exemt of wage garnishment? Or if it works against us?

I tried looking into this issue but could not seem to find a clear answer. Hopefully someone here from NY is familiar with this law, but if not i would contact a local real estate attorney for a free consultation.

**JOSUE** · 08-26-2010, 09:34 PM

Thank you for looking Evan,
I'll try to get some answers from legal site, if I can find them. Will post for others if I get an answer.

For some reason, no one knows. I mean, one must assume, sadly, even IC get garnished. Just not sure how they would figure out how much.

I'll keep lookin'

Josue

**davephx** · 08-27-2010, 05:20 AM

My understanding is and confirmed by a lawyer (for AZ) but think its typical - you can only garnish an "employee".

It might be possible to get a "writ of attachment" against someone who owes an IC money and there is no 10% limit - they can get all. But I understand it is rarely used. And if who owes you money is out of your state its even harder since have to transfer the judgment to the other State as its a "foreign judgment"