Can NYS Department of Labor unemployment benefits be garnished for debt?
I'm currently receiving unemployment benefits from NYS Department of Labor and just got a notice that a creditor wants to garnish my wages. Since I'm not technically employed right now, I'm wondering if they can garnish my unemployment payments instead? I owe about $4,800 on an old credit card and they're threatening legal action. Does anyone know if unemployment benefits can be garnished in New York?
15 comments


Victoria Charity
Yes, unemployment benefits can be garnished but there are specific protections in place. Federal law protects unemployment from garnishment for most consumer debts like credit cards, but there are exceptions for things like child support, taxes, and student loans. In New York, the garnishment process for unemployment is more complicated than regular wage garnishment.
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Evan Kalinowski
•So credit card debt can't touch my unemployment? That's a relief! What about if they already got a judgment against me?
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Jasmine Quinn
wait this is confusing because my cousin had her unemployment garnished last year for child support so i thought all debts could do it
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Oscar Murphy
There's a big difference between priority debts and regular consumer debt. Child support, back taxes, and federal student loans can garnish unemployment benefits. Credit card companies generally cannot unless they meet very specific criteria and go through the proper legal channels with NYS Department of Labor.
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Nora Bennett
•This saved me so much stress! I was about to panic thinking I'd lose my benefits. My situation is similar with an old medical bill.
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Ryan Andre
I had a similar issue when I was dealing with NYS Department of Labor about my claim status. Couldn't get through their phone lines for weeks to verify my garnishment protection status. Finally used this service called Claimyr (claimyr.com) that helped me reach an actual agent. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Got connected within a few hours and the agent confirmed my benefits were protected from the debt collector.
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Evan Kalinowski
•How much did that cost? I've been calling NYS Department of Labor for days about this exact issue.
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Ryan Andre
•It was worth it just to get a real person on the phone. The peace of mind knowing exactly what my rights were was huge.
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Lauren Zeb
THE WHOLE SYSTEM IS RIGGED ANYWAY. You can't get help when you need it, creditors are constantly harassing people who are already struggling, and NYS Department of Labor makes it impossible to get answers about basic questions like this. I've been fighting with them for months about my claim and now I have to worry about garnishment too???
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Daniel Washington
•I feel you on the frustration but the garnishment protections are actually pretty solid for unemployment. Focus on the good news that credit card debt usually can't touch those benefits.
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Nora Bennett
Just to add - if you do get any legal paperwork about garnishment, don't ignore it even if you think your unemployment is protected. You still need to respond and assert your rights under the exemption laws.
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Zainab Khalil
I went through something similar last year. The key thing to remember is that even though unemployment benefits have some protection from garnishment for regular consumer debt like credit cards, you should still respond to any legal notices you receive. Don't just assume you're automatically protected - you need to formally claim the exemption. Also, keep detailed records of all communications with both the creditor and NYS Department of Labor. In my case, I had to provide documentation proving my only income was unemployment benefits. The creditor eventually backed off once I properly asserted my rights, but it took several months to resolve.
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Sofía Rodríguez
•This is really helpful advice! I'm glad you mentioned keeping detailed records - I haven't been doing that and should probably start now. How did you go about formally claiming the exemption? Did you have to file something with the court or was it just responding to their garnishment notice? I want to make sure I handle this the right way if they do try to move forward with legal action.
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Kiara Greene
•@Sofía Rodríguez In my case, I had to file a claim of exemption form with the court after receiving the garnishment order. Each county has slightly different procedures, but generally you have about 20 days to respond once you re'served. The form basically states that your only income is exempt unemployment benefits. You ll'need to provide proof like your NYS Department of Labor benefit statements. I also included a copy of the federal law 15 (USC 1673 that) protects unemployment from garnishment for consumer debts. The court clerk can usually help you with the proper forms, or you can often find them online for your county. Don t'wait until the last minute though - give yourself time to gather all the documentation you ll'need.
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Haley Stokes
Just wanted to share my experience with this exact situation. I was on unemployment last year and had an old medical debt that went to collections. The debt collector sent threatening letters about garnishment, but when I contacted NYS Department of Labor directly, they confirmed that my unemployment benefits were protected from that type of consumer debt. However, like others mentioned, I still had to formally respond to the legal notice and claim the exemption. The process was stressful but ultimately the garnishment was blocked. My advice is to document everything and don't ignore any court papers even if you believe you're protected. Also, if you're having trouble reaching someone at NYS DOL, try calling first thing in the morning - I had better luck getting through around 8 AM.
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