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SMALL CLAIMS CREDITORS TAKE ACTION AGAINST NYEIPA

SMALL CLAIMS CREDITORS TAKE ACTION AGAINST NYEIPA

44 signatures 6 to reach 50
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Anthony R. signed
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Mike F. signed
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Eusebio S. signed
Started by Anonymous 17 years, 5 months ago
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.

Updates

February 13, 2009

The volume of support for this petition has gained enough traction to warrant a formal briefing for the legislative committee. I am currently finalizing a white paper that details the specific enforcement gaps created by the current statute for submission to the bill sponsors.

3 Comments

M
Mike Preston
17 years ago Featured

Whats the point of going to small claims if you cant actually collect? wasted so much time and money for nothing because of this stupid law.

D
David Kumar
17 years ago Featured

FIX THIS! I have a judgment against someone who has the $ but this act lets them keep it all. system is broken.

S
Sarah Greer
17 years ago Featured

This rule is ridiculous. I won my case fair and square but the debtor just hides behind this act. completely unfair to those of us who are owed money.

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