How to Garnish Wages in New York

If you have made a loan to a New York resident, and the debtor fails to make loan payments as agreed, you should make reasonable attempts to resolve the delinquency, such as mailing the debtor late notices and calling or emailing the debtor. However, if these efforts do not result in repayment of the debtor's delinquency, you may garnish his wages as long as you follow proper procedures required by New York and federal law.

Instructions

1

Gather evidence showing that the debt is valid, such as a copy of the contract signed by you or a representative of your company and the debtor. Also, gather evidence that the debtor is in default on the debt, such as a history of the debtor's payments and copies of late notices you have sent.

2

Hire an attorney to file a civil suit against the debtor through the civil court in the New York county where the debtor resides. Include evidence of the debt's validity and the debtor's default. Although you may legally file a suit without the assistance of a lawyer, you may find it difficult to navigate the complexities of filing a valid suit without an attorney.

3

Have your attorney direct her process server to serve the debtor with the summons and complaint. In New York, the process server must make three attempts to serve the debtor personally, or to leave the summons and complaint with another member of the household. If the process server delivers notice to a person other than the debtor, she must also mail a copy of the summons and complaint to the last known address.

4

Appear at the court hearing on the date stated in the summons to obtain a judgment from the court. If the debtor does not appear in court or cannot provide a valid defense to have the lawsuit dismissed, the court will issue a judgment in your favor.

5

Send a wage garnishment notice to a marshal with authority over the debtor's location. The marshal will send notice of the garnishment to the debtor. If the debtor does not respond within 20 days, the marshal will serve the debtor's employer with a garnishment order. The employer must begin withholding part of the debtor's earnings and sending the funds to the marshal for payment to you.