Bank account levies and holds

[djd]

I can no longer afford to make voluntary payments to the marshals anymore. I will drain my bank account below $100 on necessities and cross my fingers that they do not put another legal hold on my bank account account or I am taking action this time. They have already levied upon it of $500. Now, the notice of garnishment I received from them awhile ago says they will demand any and all of my vacation pay.

The vacation pay is the least of my worries but it this even legal?

Now it is only a matter of time before the income execution is served to my employer. What is the time frame? The letter says the order will be served in 20 days unless I make voluntary payments which i have for the past 2 years. I have a "conditional release" for my bank account. Being that they already levied it, are they allowed to put a hold on it if I stop payments and keep levying it?

I want to know what my rights are.

[flyinbroke]

I don't think you have any rights here. The account is levied, and would not be raided as long as you made voluntary payments. Your pay would not be garnished if you made the payments. All bets are off when you stop making the payments. I have heard of bank accounts going overdrawn because they don't care if they pull money out. I know one person who drained his down to 20 bucks...they took the 20 bucks.

My guess since I don't know NY law...yes, in 20 days, they will start hitting your paycheck. They can and will start hitting your bank account.

Yes it is legal. Someone got a judgment against you. They can raid your paycheck, and your bank account in NY:

New York Wage Garnishment

The maximum amount recoverable is ten percent (10%) of gross income, or the federal maximum, whichever is less. If the debtor is subject to garnishment for alimony, support or maintenance, the combined garnishments cannot exceed twenty-five percent (25%) of disposable earnings. Income executions are prioritized by order of delivery to the Sheriff, but garnishments for alimony support or maintenance always take priority.

The execution is a two-stage process. First, the sheriff serves the execution on the debtor at his or her residence. If the debtor does not begin making payments within twenty (20) days, the sheriff levies on the employer