Money & Debt · Wage Garnishment
Wage Garnishment Laws in New York
How much of your paycheck a creditor can take in New York, the pay that is fully protected, and what to do right now if a garnishment has started, cited to the statute.
The limit and what is protected in New York
How much a creditor can take, the pay that is exempt, and where it comes from in the code.
| Most a creditor can take | 10% of disposable earnings |
| How the limit works | A lower percentage cap than the federal 25% |
| Fully protected pay | Nothing can be taken in any week your disposable earnings are below 30 times the higher of the federal or the New York minimum wage. In 2026 the New York minimum wage is $17.00 an hour in New York City, Long Island and Westchester and $16.00 an hour in the rest of the state, so that protected floor is roughly $510 or $480 of weekly disposable pay depending on where you work. |
| Other exemptions |
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| Federal backstop | The federal 25% / 30× minimum-wage floor also applies; a creditor can never take more than federal law allows. |
| Statute | N.Y. C.P.L.R. §5231 (income execution); §5205(d) |
The 10%-of-gross figure is what makes New York more protective than the federal rule. A creditor computes both the 10% of your gross income and the 25% of your disposable earnings, then can take only the smaller of the two, and nothing at all in a week your disposable pay falls under 30 times the applicable minimum wage. Because the minimum wage differs by region, the fully protected floor is higher downstate than upstate.
What you can do right now
Concrete, neutral steps if your wages are being garnished in New York. This is legal information, not legal advice.
- Check whether your pay is below the protected floor
Work out your weekly disposable earnings, then compare them to 30 times the minimum wage that applies where you work. If your disposable pay is under that number, no money can be taken under an income execution and you can say so in writing.
- Respond to the income execution and claim any exemption
You usually get a first notice giving you a window to start voluntary payments before a levy hits your employer. Use CPLR §5231(i) to ask the court to modify or reduce the execution, and raise any exemption that fits, such as low earnings or exempt benefits.
- Watch your bank account for a levy
A creditor can also freeze a bank account. The Exempt Income Protection Act shields directly deposited wages and benefits like Social Security, and it protects a baseline amount automatically. If your account is frozen, return the exemption claim form the bank sends to protect the rest.
- Get free New York legal help
A local legal aid office or a court help center can check the math on your income execution and file an exemption or a modification motion. This is legal information, not legal advice, so confirm your own situation with a lawyer.
You do not have to face a garnishment alone. This resource can help you check whether an exemption applies and how to file the paperwork.
→ NY CourtHelp, wage garnishment and income executionsThis is general legal information, not legal advice. Deadlines to claim an exemption are short and vary by court, so act quickly and confirm the specifics for your case.
What New York workers get wrong
New York protects paychecks more than the federal rule does, and most people do not realize it. On an ordinary consumer judgment, an income execution under CPLR §5231 lets a creditor take only the lesser of 10% of your gross pay or 25% of your disposable earnings. In practice that means the cap for most workers is 10% of gross, not the 25% the federal law allows. There is also a hard floor: nothing can be taken in any week your disposable earnings fall below 30 times the higher of the federal or the New York minimum wage. Because New York sets its own minimum wage, and because that wage is higher in New York City, Long Island and Westchester than in the rest of the state, the amount that is fully protected is larger downstate than upstate. Two creditors also cannot stack their executions to pull more than the cap out of one paycheck.
Common questions
How much of my paycheck can a creditor garnish in New York?
On an ordinary consumer judgment, an income execution under CPLR §5231 takes the lesser of 10% of your gross income or 25% of your disposable earnings. For most workers the 10%-of-gross figure is the smaller number, so that is the real cap, and it is below the 25% the federal rule allows.
Why is New York more protective than the federal 25% limit?
Federal law lets a creditor take up to 25% of disposable earnings. New York adds a second, lower ceiling of 10% of gross income, and a creditor can only take the smaller of the two. Because 10% of gross is usually less than 25% of disposable pay, New York workers keep more of each check.
Is any of my pay completely protected from garnishment in New York?
Yes. No money can be taken in any week your disposable earnings are below 30 times the higher of the federal or the New York minimum wage. In 2026 the New York minimum wage is $17.00 an hour in New York City, Long Island and Westchester and $16.00 an hour upstate, so the fully protected floor is roughly $510 or $480 of weekly disposable pay depending on your region.
Can two creditors garnish my wages at the same time in New York?
Only one income execution can actually pull money from your paycheck at a time up to the cap. If a second creditor has an execution, the sheriff pays them in the order the executions were delivered, but the combined amount taken still cannot exceed the 10%-of-gross and 25%-of-disposable limits. A second creditor waits until the first is satisfied.
Can a New York creditor take money from my bank account instead of my wages?
Yes, a creditor can freeze a bank account, but the Exempt Income Protection Act protects directly deposited wages and benefits such as Social Security, SSI, unemployment and veterans benefits. A baseline amount tied to the minimum wage is shielded automatically, and you can claim the rest by returning the exemption form the bank sends you.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.