Wage Garnishment in New York — What Can Be Taken and How to Stop It

How Wage Garnishment Works in New York

After a creditor obtains a money judgment against you, they can serve an income execution on your employer through a New York City marshal or sheriff. Your employer must then withhold a portion of your earnings each pay period and remit that amount to the marshal or creditor until the judgment is paid in full, including interest.

How Much Can Be Garnished?

New York limits garnishment to the lesser of: (1) 10% of your gross wages, or (2) 25% of your disposable earnings after subtracting 30 times the federal minimum wage. New York's limits are more protective than the federal minimum. For example, if you earn $800 per week gross, the maximum garnishment is $80 per week.

Income That Cannot Be Garnished

• Social Security and Supplemental Security Income (SSI)
• Disability benefits — both private and government
• Unemployment insurance benefits
• Veterans benefits and military disability
• Workers compensation payments
• Child support and alimony received
• Public assistance and welfare payments
• Pension income (with some exceptions)

How to Stop Garnishment Before It Starts

The most effective and least expensive way to stop wage garnishment is to prevent the judgment from being entered in the first place. If you have been served with a debt lawsuit, file your written answer before the deadline. Our free tool at EasyLegalFiling.com builds your complete NY written answer in minutes.

Challenging an Existing Garnishment

If garnishment has already started and you believe your income is exempt, or the amount being taken is incorrect, you can file an objection with the court. You can also negotiate a payment arrangement directly with the judgment creditor to stop the garnishment in exchange for a settlement or payment plan.