How it usually reaches you
An income execution follows a money judgment. In New York the creditor's lawyer typically delivers it to an enforcement officer, such as a sheriff or, in New York City, a marshal, and you are usually served first with a chance to pay voluntarily. If payment does not start, the execution goes to your employer, who begins deducting from each paycheck. The law caps how much can be taken and protects a minimum amount of earnings, and the limits are calculated in a way that surprises some people. Many people first learn of the judgment at this stage because they were never properly served with the original lawsuit.
Income that may be protected
Not every kind of income is reachable in the same way. Many government benefits, including Social Security and certain public assistance, are generally protected from ordinary creditors, though some exceptions apply. If protected funds are being taken, or a bank account has been frozen alongside the wage deduction, there is a process for claiming exemptions and it has deadlines. Gather your pay stubs, the execution paper, any notice from your bank, and anything you have received about the underlying case. Write down when you first heard of the judgment, since that date can matter if you challenge it.
What can be done from here
Several paths are worth looking at. If you were never properly served, or have a real defense to the debt, it may be possible to ask the court to vacate the default judgment. A challenge to service is argued differently from a request based on an excusable default, which usually needs both a reason for not responding and a potential defense. If the judgment stands, a negotiated payment arrangement may replace the execution. Where the deduction leaves you unable to cover basic needs, there may be grounds to ask the court to modify it. Bankruptcy is another path that can stop a garnishment, though it carries consequences of its own. We sort through these with you in a first conversation, starting with whether the judgment itself holds up.
