SMALL CLAIMS JUDGMENT CREDITORS TAKING ACTION AGAINST NEW YORK EXEMPT INCOME PROTECTION ACT; I would like to inform you of the difficulty the NYEIPA has presented in the enforcement of Small Claims Court awarded judgments and request you amend this act. The laws liberal guidelines state that a minimum of $1716.00 or 90% of any income earned in the past 60 days are exempt from garnishment; for example and individual earning $1000 a week would have a $7600 exemption, therefore, it is unlikely you could ever recover the money awarded to you by the Small Claims Court. The fact is 90% of judgment debtors will qualify for this exemption. While I do understand and agree with your position in regards to protecting funds such as social security benefits, retirement, workers compensation, unemployment, and pensions, this legislation has created a loophole which allows debtors to protect additional funds from judgment enforcement, regardless of the source of these funds. While I am sympathetic to certain individuals needs, please note by falling victim to this judgment debtor, it has become more difficult for me to meet my own financial obligations. I have spent my time and money to go to court and win my judgment, A NY STATE SMALL CLAIMS COURT has AWARDED ME A JUDGMENT. Now, because of the enactment of The New York Exempt Income Protection Act I fear I will by no means recover my money and that I have again been wronged. It is for this reason I request that you amend this act to exempt judgments obtained in small claims court.

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