Q: Wage garnishment laws apply by the state the employee works in or the state the company is incorporated in?
A:
Wage garnishment laws are generally applied based on the state where the employee works. If you are working in New York, New York State’s garnishment laws would typically be the ones that apply to your situation. This is true even if the company for which you work is incorporated in a different state.
However, there may be exceptions if federal law or your specific employment contract stipulates otherwise. You should review the terms of any court order for garnishment carefully and may want to consult with an attorney if you are uncertain about the laws that apply to your particular circumstances. An attorney can provide guidance on how to potentially challenge or modify the garnishment, if necessary.
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