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  1. #1
    Join Date
    Mar 2009

    Default Credit Card Garnishment

    My question involves collection proceedings in the State of: ny.i recieved a notice by a server for a capital one credit states upon failure to appear judgement will be taken against me.or i can go to my city court within 10 days i dont get it,anyway i dont have any money in the bank i dont own my own home i live on social security and workmens comp and thats it. can they garnish these wages?i do own a car can they take that away from me?i was making payment on this card but i got hurt and can not work ever.i owe 690.00 dollars.thank you

  2. #2
    Join Date
    Apr 2007
    Il.(near StL,Mo.)

    Default Re: Credit Card Garnishment

    If they get a judgment against you, these are the assets/income that are exempt from seizure/garnishment in N.Y.

    New York Post-Judgment Asset Exemptions --

    Homestead: Real property, including co-op, condo or mobile home, up to $50,000. Husband and wife may double the exemption.

    Pensions and Retirement Benefits: ERISA-qualified benefits needed for support. Funds exempt for public retirement benefits of state employees and village police officers. IRA exemptions for conventional, Roth and SIMPLE plans, limited to contributions that are made more than 90 days before court action. Roth IRAs and regular IRAs up to $1,095,000 per person.

    Insurance: Annuity contract benefits due or prospectively due the debtor, who paid for the contract; if purchased within 6 months of filing for bankruptcy and not tax-deferred, only $5,000. Disability or illness benefits to $400 per month. Life insurance proceeds and avails if the person effecting the policy is the spouse of the insured. Life insurance proceeds left at death with the insurance company pursuant to agreement, if clause prohibits proceeds from being used to pay beneficiary's creditors.

    Personal Property: Bible. Schoolbooks. Books up to $50. Pictures. Clothing. Church pew or seat. Stoves with fuel to last 60 days. Sewing machine. Domestic animal with food to last 60 days up to $450. Food to last 60 days. Furniture. Refrigerator. TV. Radio. Wedding ring. Watch to $35. Crockery. Cooking utensils and tableware needed. Burial plot without structure to 1/4-acre. Cash, the lesser of either $2,500 or an amount, that, with annuity, totals $5,000 in lieu of homestead. Health aids including animals with food. Lost earnings recoveries needed for support. ***Motor vehicle up to $2,400.*** Personal injury recoveries up to $7,500 (not to include pain and suffering). Security deposits to landlord. Utility company trust fund principal and 90% of income. Wrongful death recoveries for death of person who supported you, to the extent needed for support.

    Tools of Trade: Farm machinery, team, food for 60 days, professional furniture, books and instruments to $600 total. Uniforms, medal, equipment, emblem, horse, arms and sword of military member.

    Miscellaneous: Business partnership property. Alimony. Child support necessary for support.

    Wages: 90% of earnings from milk sales to milk dealers. 90% of earned but unpaid wages received within 60 days of filing for bankruptcy (100% for a few militia members).

    Public Benefits: Unemployment compensation. ***Workers compensation. Social Security.*** Home relief. Local public assistance. Aid to blind, aged and disabled. AFDC. Veteran's benefits. Crime victim's compensation.

    Wild Card: None

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