How much of my wages can be garnished in New York?
New York layers state protections on top of the federal CCPA cap.
1. Federal Floor
15 U.S.C. § 1673(a) caps garnishment at the lesser of 25% of disposable earnings or amount above 30× federal minimum wage ($217.50/week).
2. New York Rule
N.Y. C.P.L.R. § 5231(b) authorizes an income execution capped at the lesser of:
N.Y. C.P.L.R. § 5205(d) raises the floor: earnings below 30× the greater of state or federal minimum wage are exempt. With New York's $16/hr (NYC/LI/Westchester) and $15/hr (rest of state) minimums, the protected floor is roughly $480/week.
3. Special Categories
4. Head-of-Household Exemption
New York has no head-of-household exemption per se, but the 10%-of-gross cap and the 30×-state-FMW floor function similarly for low earners.
5. Process
Creditor obtains judgment, then a marshal or sheriff serves an income execution under § 5231. The debtor has 20 days to begin voluntary payments. If not, the execution is served on the employer who begins withholding. Debtor may move to modify under § 5240.
6. Multiple Garnishments
Support orders have priority. Among ordinary creditors, the first-served execution is paid first; later ones go on hold under § 5231(h).
7. Employer Anti-Retaliation
15 U.S.C. § 1674 and N.Y. C.P.L.R. § 5252 prohibit discharge or discipline because of an income execution.
8. Bank Garnishment vs Wage Garnishment
New York's Exempt Income Protection Act (EIPA) — C.P.L.R. § 5222(h), § 5222-a — auto-protects the first ~$3,600 in any account receiving direct-deposit benefits, and ~$2,664 in other accounts (adjusted periodically).
This is legal information, not legal advice.
- Bank account frozen under restraining notice
- Competing executions causing employer confusion
- Income execution after a default judgment you never received notice of
- N.Y. C.P.L.R. § 5231
- N.Y. C.P.L.R. § 5205(d)
- N.Y. C.P.L.R. § 5222-a
- 15 U.S.C. § 1673
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.