FROZEN BANK ACCOUNTS & WAGE GARNISHMENT
LAWYERS & ATTORNEYS
The Law Office of Neil E. Colmenares, P.C. are attorneys who concentrate in the complex area of Bankruptcy Law with an emphasis on Frozen Bank Accounts and Wage Garnishment. Our Queens, Nassau & New York Frozen Bank Account and Wage Garnishment Lawyers help you unfreeze your frozen bank account and stop wage garnishment.
We service the five boroughs of New York (Queens, Kings, Manhattan, Staten Island and Bronx Counties), Long Island (Nassau and Suffolk Counties) as well as all of the New York Metropolitan area.
What You Should Do If Your Bank Account Is Frozen Or Your Wages Are Being Garnished
The first thing you should do is call your bank and/or employer and ask for the name, address and phone number of the alleged creditors attorney who is freezing your bank account and/or garnishing your wages. Then, call the creditors attorney and ask them to give you the case name, index number and name of the court which gave them the authority to freeze your account and/or garnish your wage in the first place. It is a good idea to put this request in writing via certified mail.
Then, call The Law Office of Neil E. Colmenares, P.C. for a consultation so we can determine if the creditor followed all the required steps. If they did not, there is an excellent chance we can have your account unfrozen, stop that wage garnishment and have any funds taken returned to you.
There is a disturbing trend among certain creditors whereby frozen bank accounts and wage garnishment orders are executed in violation of the law.
Please know that in most of our consultations we are able to give our clients advice on how to unfreeze bank accounts and stop wage garnishments without the need of a lawyer.
Useful Information About Frozen Bank Accounts
As of January 1, 2009, New York State Law prohibits a creditor from freezing the first $2,500.00 in your bank account if the funds are, among other things, from Social Security Income, Social Security Disability, Pension Income, Child Support, Spousal Maintenance, Workers Compensation, Unemployment Compensation and Public Assistance. Furthermore, 90% of your income earned within 60 days are completely exempt! In other words, that money is yours and the creditor cannot take it from you.
Useful Information About Wage Garnishments
If you receive Social Security Income or Public Assistance, all of your earned income is exempt from debt collection. Earned income up to 30 times the federal minimum wage per week, after taxes, is exempt. The New York minimum wage is currently $7.25 an hour. If you take home $217.50 per week or less, all of your earned income is exempt from debt collection. If you take home more than $217.50 per week, 90% of your gross income or 75% of your disposable income, whichever is greater, is exempt from debt collection.
What To Do Next?
For people with many debts, these steps may only be a short term fix. Call The Law Office of Neil E. Colmenares, P.C. so that we can evaluate your entire financial situation to see if a short term or a long term fix is in order. Our Queens, Nassau & New York Frozen Bank Accounts and Wage Garnishment Bankruptcy Attorneys and Lawyers will advise you on which option is in your best interest depending on your needs.
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