Judgment Against Property Without Income Proof In New York
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Specifically, the rule states that a debt collector cannot: Make more than seven calls within a seven-day period to a consumer regarding a specific debt. Call a consumer within seven days after having a telephone conversation about that debt.
Personal Property Execution If a Judgment Creditor knows that the Judgment Debtor owns a car, truck, motorcycle or other personal property of significant value, the Judgment Creditor may file a Property Execution.
Debt collectors cannot harass or abuse you. They cannot swear, threaten to illegally harm you or your property, threaten you with illegal actions, or falsely threaten you with actions they do not intend to take. They also cannot make repeated calls over a short period to annoy or harass you.
In New York, state law protects a higher percentage of wages and a higher minimum amount per week than that stipulated by federal law 4. The New York State minimum wage of $15 an hour means that $450 per week is protected from garnishments, rather than the $217.50 under Federal law.
Personal Property Execution If a Judgment Creditor knows that the Judgment Debtor owns a car, truck, motorcycle or other personal property of significant value, the Judgment Creditor may file a Property Execution.
A creditor can search public property records to find out if you own a home or any other real property. If you are sued, whether to satisfy a debt or to recover accident-related damages, your home could be attached to the claim and taken to satisfy any unpaid obligations.
Key Takeaways. Being judgment proof typically means having few assets and little earned income. Creditors cannot seize the assets or garnish the income of someone who is judgment proof. Social Security, child support, and unemployment benefits are types of income that generally can't be garnished by creditors.
