Bayonne, NJ asked in Collections for New York

Q: Will they garnish if I’m making payments even if payments don’t meet “arrangement”

Need some insight here. I’m paying off a debt that has been with an attorneys office l. I’ve been making payments since 2023 on an agreed upon $500/month however I haven’t been consistent with paying that much but have been paying at least $100/ month. For context: debt was 15k I’ve knocked it down to 9,500. The attorney office called me as a “courtesy” and my last payment was three weeks ago in the amount of $100. Their office called me again last night and I’m assuming they’re going to tell me that there’s a “past due” balance etc. my question is: is garnishment likely since I’ve been paying every month? What, in your opinion, is the best course of action? Side note: last I spoke to them they would settle for 7k over 3 months which isn’t feasible.

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3 Lawyer Answers

A: It is a creditor by creditor decision.

A: Whatever deal you made is the deal you made. If you have no written deal, you are admittedly in default. If they have a judgment, they can garnish your pay. Not sure where you are in the process. Get a written agreement and stick to it. Keep track of your payments so you can prove it to a court if you need to do it.

Barry W. Kaufman agrees with this answer

A: The laws of New York notwithstanding, of course they can garnish you. You broke the deal, so there is no deal. Whether they elect to garnish you is up to them.

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