Wage Garnishment & Unpaid Wage Claims

Stop the Double Hit on Your Pay

You work hard. You put in the hours, you follow through, and yet your paycheck shows up lighter than expected. Not just once, but over and over. It’s frustrating. It’s confusing. Between wage garnishment and unpaid wages, you’re getting hit twice. And you're left wondering how you're supposed to cover rent, groceries, or gas. Unpaid wage attorneys can help you make sense of this mess and take steps to get back what’s rightfully yours.

At Horn Wright, LLP, we understand how overwhelming this can be. If creditors are dipping into your paycheck or your employer’s withholding what you’ve earned, you don’t have to face it alone. While wage laws are similar across states like New York, Vermont, New Hampshire, and Maine, the fine print matters. No matter where you’re located, getting clear on your rights is the first step.

Your Paycheck Is Under Attack: Here's What Garnishment Really Means

When creditors get a court order, they can start pulling money straight from your paycheck. It’s called wage garnishment and while it’s legal in some cases, it doesn’t give your employer a free pass to mess with your money.

But a lot of wage disputes start long before garnishment kicks in. Some employers cut corners by not paying overtime properly. That’s already a hit to your pay. Throw in garnishment, and you’re now losing money on both ends.

Here’s the short version: for most private debts, New York law says creditors can garnish 10% of your gross wages or 25% of your disposable income, whichever is less. For things like student loans or unpaid taxes, different rules may apply.

But garnishment doesn’t just start overnight. Creditors must sue you and win in court. Only then can they get a judgment and serve a Notice of Garnishment. If that’s not happening? Something’s off. And recovering unpaid wages may be the place to start if your check looks lighter than it should.

When Is It Legal? And When Is It Just Plain Wrong?

Wage garnishment has rules and when those rules get ignored, it’s a problem. Employers can be held accountable for not following the law. They can’t just “wing it” when it comes to your paycheck.

Here’s the legal process in plain English: a creditor sues you, wins, and gets a judgment. Then they file an income execution order, which is handled by a marshal or sheriff. That’s the only way your wages can be garnished legally.

There are a few exceptions. If you owe child support, student loans, or taxes, garnishment might skip some of those steps. Still, there are limits. Under CPLR § 5231, there’s a hard cap on how much of your paycheck can be touched.

What’s not allowed? Your boss making deductions on their own. Doesn’t matter if they claim you owe them money. That’s wage theft, plain and simple. And if multiple deductions are showing up on your check with no explanation, unpaid wage attorneys can dig in and help you figure out if the law’s being broken.

More Than Just Legal Deductions: When Your Boss Crosses the Line

If your employer is playing games with your paycheck, you’re not imagining it. One common move? Fudging the records. Record-keeping violations are one way companies try to cover up wage theft. Missing hours. Incorrect totals. “Lost” timesheets. If it sounds sketchy, it probably is.

Your wages get garnished legally. But then your boss adds extra deductions, maybe without saying a word. Before you know it, more of your money is gone, and you don’t know why.

Look out for these warning signs:

• No court paperwork, just unexplained deductions
• Confusing pay stubs or missing communication
• Amounts taken that exceed legal caps
• Deductions stacked on top of garnishment

Under New York law, employers can’t withhold for things like uniforms, tools, or broken equipment unless it’s all properly documented and legally justified. Garnishment or not, they still owe you every dollar you’ve earned.

Garnishment Is Not a Free Pass to Steal Your Wages

It’s bad enough when your paycheck’s reduced by a creditor. But when your boss uses that as an excuse to shortchange you? That’s next-level illegal.

Sometimes it’s not even subtle. You might hear:

• “You’re being garnished, we’re keeping the rest.”
• “You’re lucky you’re still getting paid at all.”
• “No overtime until your debt clears.”

Nope. None of that holds up under New York Labor Law § 198, which says you’re entitled to full pay for every hour worked including overtime. If your boss is using garnishment to weasel out of their legal duties, they’re in the wrong.

And don’t assume this only happens in shady jobs. Wage theft is everywhere. Unpaid overtime pay lawsuits show just how often employers bend the rules or break them entirely just to save a buck.

Wage Theft Happens More Than You Think

Wage theft isn’t always dramatic. Sometimes it’s as simple as being classified incorrectly. Misclassification of workers is a sneaky way some employers try to dodge wage laws. Labeling you a contractor when you’re really an employee lets them skip out on overtime, benefits, and more.

Other times, it’s more obvious like holding your final paycheck, claiming you “owe” them, or refusing to pay for extra hours. And yes, some will use garnishment as a cover for underpaying you.

If you’re in an industry where cash is king and paperwork is thin, think hospitality, construction, or cleaning, this stuff happens a lot. But no matter your job, your paycheck should be complete and correct. Anything less is theft.

Legal Armor in the Concrete Jungle: How Lawyers Keep You Covered

Wage theft cases aren’t always straightforward. They can involve layers of violations like missed pay, misclassification, and illegal garnishment. Wage and hour disputes touch every part of your paycheck.

You don’t need a lawyer to file a claim, but having one helps. Especially when deadlines, paperwork, and pushback from employers start piling up.

A good employment lawyer can:

• Review garnishment orders
• Spot illegal deductions
• Handle communication with your employer
• Calculate what you're really owed

Act fast. Some claims expire in just a couple years. The sooner you act, the better your chances of getting everything you’re entitled to.

Don’t Let Missing Wages Keep You Silent: Help Is Within Reach

If you’re tired of watching your paycheck shrink while your bills pile up, it’s time to do something about it. Wage garnishment and shady deductions don’t have to go unchallenged. Unpaid wage attorneys can help you understand your rights and fight for every cent you’re owed.

If something doesn’t feel right with your pay or you know you’re being shorted, don’t wait. Reach out to Horn Wright, LLP, and connect with someone who’ll take your case seriously and help you reclaim what you’ve earned.