NYS Department of Labor garnishing wages - how to stop unemployment garnishment
The NYS Department of Labor is garnishing my wages because of an overpayment from 2023. They say I owe $2,800 but I never got any proper notice about this debt. Now they're taking 15% of my paycheck every week and I can barely afford rent. Is there any way to stop this garnishment or at least reduce the amount they're taking? I tried calling but can't get through to anyone who can help.
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Sophia Miller
You have rights when it comes to wage garnishment for unemployment overpayments. First, check if you received proper legal notice - NYS Department of Labor is required to send you a notice of intent to garnish at least 20 days before starting. If you didn't get this notice, that's grounds to challenge the garnishment. You can also request a hardship waiver if the garnishment is causing financial hardship.
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Elijah Jackson
•I don't remember getting any notice like that. How do I prove I didn't receive it? And what's the process for requesting a hardship waiver?
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Mason Davis
File an appeal immediately! You can challenge both the overpayment amount and the garnishment. NYS Department of Labor has to prove you were actually overpaid and that they followed proper procedures. Also request a payment plan instead of garnishment - they're usually willing to work with you if you're proactive about it.
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Mia Rodriguez
•This worked for me last year. I filed an appeal and they stopped the garnishment while it was being reviewed. Ended up getting a payment plan for $75 a month instead of them taking 15% of my check.
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Jacob Lewis
OMG the same thing happened to my coworker! They just started taking money without any warning. She said she had to get a lawyer involved because NYS Department of Labor wouldn't even return her calls. This system is so messed up - they make it impossible to reach anyone who can actually help.
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Amelia Martinez
•I've been trying to reach someone at NYS Department of Labor for weeks about my garnishment issue. The phone system just hangs up on you after an hour of waiting. I actually found this service called Claimyr (claimyr.com) that helps you get through to actual agents. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Might be worth trying if you need to speak to someone urgently about stopping the garnishment.
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Ethan Clark
You need to act fast because once they start garnishing, it's harder to stop. Submit Form IA 735.1 to request a hearing about the overpayment. Also complete the financial hardship affidavit if the garnishment is causing you to not be able to pay for basic necessities. Make sure to include documentation of your monthly expenses.
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Elijah Jackson
•Thank you! Do you know where I can find these forms? I've been looking on the NYS Department of Labor website but it's so confusing.
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Ethan Clark
•The forms should be in the overpayment section under 'Appeals' on the NYS DOL website. If you can't find them there, you can request them when you call the overpayment unit directly.
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Yuki Tanaka
I went through something similar last year. The key is to document everything and act quickly. First, request all records related to your case - they have to provide them under FOIL (Freedom of Information Law). This will show you exactly what notices they claim to have sent and when. Second, if you're facing financial hardship, you can request a waiver or reduction of the garnishment amount. I was able to get mine reduced from 15% to 5% by showing my monthly budget and proving the garnishment was preventing me from paying for basic necessities like rent and utilities. Don't give up - the system is designed to be overwhelming but you do have rights.
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Eve Freeman
•This is really helpful advice about using FOIL to get your records! I had no idea you could request all the documentation they have on your case. How long did it take for them to provide the records when you requested them? And when you applied for the garnishment reduction, did you have to go through a formal hearing process or was it something they could approve administratively? I'm definitely going to try this approach since the 15% they're taking is making it impossible to cover my basic expenses.
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