Wage Garnishment in New York
How much of your paycheck can be garnished in New York and how to claim an exemption.
Short answer: Stricter than federal law. An income execution may take no more than 10% of gross income, and never more than 25% of weekly disposable earnings or the amount by which disposable earnings exceed 30 times the higher of the federal or New York State minimum hourly wage. N.Y. CPLR 5231(b); CPLR 5205(d)(2)
| Wage garnishment limit | Stricter than federal law. An income execution may take no more than 10% of gross income, and never more than 25% of weekly disposable earnings or the amount by which disposable earnings exceed 30 times the higher of the federal or New York State minimum hourly wage. If disposable earnings are at or below that floor, nothing may be taken. Income executions are not allowed in medical debt actions brought by hospitals or health care professionals. 90% of earnings from the last 60 days are exempt from other enforcement. |
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| Claiming an exemption | When a bank account is restrained, the creditor must send the debtor a notice and exemption claim form within 4 days of serving the restraint. The notice lists exempt money (Social Security, SSI, 90% of wages from the last 60 days, and protected direct deposits) and tells the debtor to act promptly by returning the exemption claim form. Disputes are decided by the court. Source: N.Y. CPLR 5222(d)-(e) |
Where to get help in New York
- New York State Office of the Attorney General, Bureau of Consumer Frauds and Protection
- File a complaint or claim
More New York debt & collections
- Statute of Limitations on Debt in New York
- How to Respond to a Debt Collection Lawsuit in New York
- What Creditors Can't Take in New York
- Medical Debt Protections in New York
- All New York debt & collections rules
FAQ
How much of my wages can be garnished in New York?
Stricter than federal law. An income execution may take no more than 10% of gross income, and never more than 25% of weekly disposable earnings or the amount by which disposable earnings exceed 30 times the higher of the federal or New York State minimum hourly wage. If disposable earnings are at or below that floor, nothing may be taken. Income executions are not allowed in medical debt actions brought by hospitals or health care professionals. 90% of earnings from the last 60 days are exempt from other enforcement.
How do I stop a garnishment or claim an exemption in New York?
When a bank account is restrained, the creditor must send the debtor a notice and exemption claim form within 4 days of serving the restraint. The notice lists exempt money (Social Security, SSI, 90% of wages from the last 60 days, and protected direct deposits) and tells the debtor to act promptly by returning the exemption claim form. Disputes are decided by the court.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.