Wage garnishment and exemptions in New York

In New York, a creditor can take no more than 10% of your pay. Plus what a creditor can't touch in your bank account and what property you keep.

Short answer

New York sets a lower limit than federal law: no more than 10% of your pay. Stricter than federal: an income execution can take no more than 10% of your gross income. It also can never take more than 25% of your weekly disposable earnings or the amount above 30 times the higher of the federal or New York minimum wage, whichever is less, and nothing at all if your weekly disposable earnings are at or below that 30-times amount. In a bank account: A bank restraint cannot touch an amount equal to 240 times the higher of the federal or New York State minimum hourly wage (CPLR 5222(i)).

Wage limit
Up to 10%
Federal benefits in a bank account
Up to 2 months protected
Law
CPLR 5231(b); CPLR 5222(i); CPLR 5205(l)

How much of your pay can be garnished in New York

Wage limit
Stricter than federal: an income execution can take no more than 10% of your gross income. It also can never take more than 25% of your weekly disposable earnings or the amount above 30 times the higher of the federal or New York minimum wage, whichever is less, and nothing at all if your weekly disposable earnings are at or below that 30-times amount. Wages cannot be garnished at all on a medical debt judgment won by a hospital or licensed health care provider.
Law
CPLR 5231(b); CPLR 5222(i); CPLR 5205(l)

Only 9 of the 48 states we cover cap garnishment at 10% or less; New York is one (federal cap: 25%, 15 U.S.C. 1673(a)).

In nearby states

What creditors can't take in New York

  • CPLR 5205 protects household furniture, clothing, prescribed health aids, a wedding ring, tools of trade, and one motor vehicle (base amount $4,000 above liens, more if equipped for a disability).
  • Dollar amounts are adjusted every three years by DFS. A hospital or provider with a medical debt judgment may not put a lien on your primary home (CPLR 5201(b)).

Bank accounts and garnishment in New York

A bank restraint cannot touch an amount equal to 240 times the higher of the federal or New York State minimum hourly wage (CPLR 5222(i)). If exempt payments like Social Security were directly deposited in the 45 days before, a separate protected amount applies (base $2,500, adjusted every 3 years by DFS) (CPLR 5205(l)).

Two months of federal benefits paid by direct deposit are off-limits to a garnishment, and the bank applies this on its own (31 CFR 212.5, 212.6). Read the debt lawsuit guide.

No garnishment without a judgment in New York

If you do not answer in time, the collector can ask for a default judgment, which can lead to a bank restraint or wage garnishment.

Answer the lawsuit by the deadline. In New York: 20 days after you were handed the summons in person; 30 days if it was served another way, such as left with someone else and mailed (CPLR 320(a)).

What to do if you are sued in New York

How to claim an exemption in New York

  1. Keep every paper

    Exemption deadlines on court, employer or bank papers can be short, so mark them at once.

  2. Work out what New York protects

    New York's wage rule: Stricter than federal: an income execution can take no more than 10% of your gross income.

  3. Protect your bank money

    New York also protects money in an account: A bank restraint cannot touch an amount equal to 240 times the higher of the federal or New York State minimum hourly wage (CPLR 5222(i)). Federal benefits paid by direct deposit are protected too (31 CFR 212.6).

  4. Ask the court to protect your money

    File the court's exemption claim form before the deadline; the clerk has it. Start with New York court self-help (official).

Questions about garnishment in New York

How much of my paycheck can be garnished in New York?

Stricter than federal: an income execution can take no more than 10% of your gross income. It also can never take more than 25% of your weekly disposable earnings or the amount above 30 times the higher of the federal or New York minimum wage, whichever is less, and nothing at all if your weekly disposable earnings are at or below that 30-times amount. Wages cannot be garnished at all on a medical debt judgment won by a hospital or licensed health care provider.

Is money in my bank account protected in New York?

A bank restraint cannot touch an amount equal to 240 times the higher of the federal or New York State minimum hourly wage (CPLR 5222(i)). If exempt payments like Social Security were directly deposited in the 45 days before, a separate protected amount applies (base $2,500, adjusted every 3 years by DFS) (CPLR 5205(l)).

What are New York's property exemptions?

CPLR 5205 protects household furniture, clothing, prescribed health aids, a wedding ring, tools of trade, and one motor vehicle (base amount $4,000 above liens, more if equipped for a disability). Dollar amounts are adjusted every three years by DFS. A hospital or provider with a medical debt judgment may not put a lien on your primary home (CPLR 5201(b)).

Can a collector take Social Security from my bank account in New York?

Two months of federal benefits paid by direct deposit are off-limits to a garnishment, and the bank applies this on its own (31 CFR 212.5, 212.6). A bank restraint cannot touch an amount equal to 240 times the higher of the federal or New York State minimum hourly wage (CPLR 5222(i)).

Related New York pages

Sources

Last checked: Oct 24, 2026.

Federal sources