[newyorkny]

I am a New York state resident.

My federal and state tax refunds are being withheld because of defaulted students loans from approximately 11 years ago. I have never seen any written notification that my wages have been garnished but when I spoke to a collections agent on the phone, I was ASKED if my employer had informed me that my wages have been attached.

I have been receiving state unemployment insurance for several months now (this type of income cannot be garnished). Therefore, I have no employer or anyone else (outside of the collections agency or the government) who would notify me if a judgment has been made against me.

I am looking for a new job but I am afraid of what will happen to my paycheck.

My questions are::

1. Given that my tax refund is being withheld, can I assume that my future wages will automatically be garnished and that a judgment has been filed against me?

2. Is the government required to notify me in writing if a judgment is filed against me? I have never seen any documentation saying that this has happened.

3. If my wages have not been attached yet, how can I prevent this from happening? My unemployment check is very small and doesn't cover my living expenses. So, it is difficult for me to make payments now. Once I get a job, I would like to avoid the wage attachment thing if I can. Are there arrangements that I can make now to avoid wage attachment?

4. I read somewhere on this board (can't find the thread now) that people who were recently on unemployment cannot have their wages attached. Is this true for my state (New York)? Where can I get more info on this?

[Mr. Knowitall]

It sounds like you can expect that the creditor will seek wage garnishment in the future. If a judgment is sought against you, that would occur through a court and you are supposed to receive notice. You can find quite a bit of information about New York's income execution (wage garnishment) laws here.

[newyorkny]

Thank you Knowitall.

I think that I need an attorney because some of the legal language in the link that you provided is a bit confusing. I have not been served yet. But from what I understand (from reading your post) my income tax garnishment is a sign that the debt collections agency has already begun the process. Maybe I have not been served yet because I am unemployed?

Has anyone else out there experienced this? Have your income tax returns been garnished without prior notification or written notification that a judgment has been filed against you? If so, were you able to negotiate with your creditor at this point? Were you able to make payment arrangements to prevent wage garnishment AFTER your income tax returns had been taken?

[Betty3]

It sounds like there might possibly be a default judgment already against you. You might want to verify with the court in your county to see if there is a judgment against you. If so, check to see when & to whom it was served.