In New York, an ordinary creditor who has won a money judgment against you generally cannot take 25% of your paycheck the way the federal cap allows. Under New York's income-execution statute (CPLR 5231), a judgment creditor for a consumer or business debt may garnish only the lesser of two amounts: 10% of your gross wages, or the part of your disposable earnings that exceeds 30 times the minimum wage (capped at 25% of disposable earnings). Because the 10%-of-gross limit is almost always the smaller figure for typical workers, New York effectively holds most wage garnishments to 10% of gross pay, well below the federal ceiling. And if your earnings are low enough, a creditor may take nothing at all.
How New York's 10% Rule Works
The mechanism New York uses is called an income execution. After a creditor obtains a judgment, it can deliver an income execution to your employer through a sheriff or marshal, directing that a portion of your pay be sent to satisfy the debt. CPLR 5231 sets the maximum that can be withheld:
The 10% cap: Withholding cannot exceed 10% of your gross earnings (your pay before deductions).
The disposable-earnings test: Withholding is also limited to the amount by which your disposable earnings exceed 30 times the applicable minimum hourly wage per week. "Disposable earnings" means what is left after legally required deductions such as taxes and Social Security.
The low-income floor: If your disposable earnings are less than 30 times the minimum wage, no money can be garnished at all for an ordinary debt.
New York uses the state minimum wage when it is higher than the federal minimum, and New York's is significantly higher. As of 2026, the minimum wage in New York City, Long Island (Nassau and Suffolk), and Westchester County is higher than in the rest of the state, and both figures are scheduled to rise on a set timetable. Because the protected floor (30 times the minimum wage) changes when the minimum wage changes, you should confirm the current minimum-wage rate with the New York State Department of Labor before calculating your protected amount.
How New York Compares to Federal Law
Federal law, under Title III of the Consumer Credit Protection Act, allows garnishment of up to 25% of disposable earnings, or the amount exceeding 30 times the federal minimum wage of $7.25 (about $217.50 per week), whichever is less. New York's 10%-of-gross rule is far more protective for ordinary debts. When state and federal limits both apply, the law that protects more of your wages controls, so New York workers get the benefit of the 10% cap.
Higher Limits for Child Support and Other Special Debts
The protective 10% rule does not apply to every type of obligation. Different and higher limits apply to:
Child support and spousal support (alimony): Under federal and New York law, support orders can reach up to 50% to 65% of disposable earnings, depending on whether you are supporting another family and how far behind you are. Support enforcement uses an income-deduction or income-withholding order rather than the ordinary income execution.
Unpaid taxes: The IRS and the New York State Department of Taxation and Finance can levy wages under their own rules, which are not limited to 10%.
Defaulted federal student loans: These can be subject to administrative wage garnishment of up to 15% of disposable pay without a court judgment.
Also note that if more than one income execution is filed against you, the total still generally cannot exceed the statutory caps, but the priority of competing executions matters.
What Income Is Completely Exempt in New York
New York shields many sources of income from garnishment entirely, regardless of the 10% calculation. Under CPLR 5205 and related statutes, exempt funds typically include:
Social Security and SSI benefits
Veterans' benefits
Unemployment insurance benefits
Workers' compensation
Public assistance and welfare benefits
Child support and spousal support you receive
Most pension, retirement, and 401(k)/IRA payments
Disability benefits
90% of earnings for personal services rendered within the last 60 days (a separate wage protection in CPLR 5205)
These protections matter not only for paychecks but also for bank accounts. New York's Exempt Income Protection Act (EIPA) automatically shields a baseline amount of money in your bank account from a creditor's levy, and a larger protected amount if the account contains directly deposited exempt funds such as Social Security. When a creditor freezes an account, the bank is required to send you an exemption claim form and information about your rights.
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How to Claim Your Exemption and Stop or Reduce Garnishment
New York gives you concrete steps to assert these protections, but you usually must act to claim them.
For a wage income execution
Before money is taken from your paycheck, the income execution is typically first served on you, giving you a window (generally 20 days) to begin paying voluntarily before it goes to your employer. If you believe the amount is wrong or that your income is too low to garnish, you can:
Contact the sheriff or marshal named on the income execution to dispute the calculation.
File a motion in the court that issued the judgment to modify or stop the income execution, for example by showing that your disposable earnings fall below the 30-times-minimum-wage floor.
Show that the debt or judgment is invalid -- for instance, if you were never properly served or the debt is past the statute of limitations and the judgment was obtained improperly.
For a frozen bank account (EIPA)
When your account is restrained, complete and return the exemption claim form the bank provides, attaching proof that the funds are exempt (such as bank statements showing Social Security deposits). The creditor then has a limited time to object; if it does not, the bank must release the exempt funds. If the creditor objects, a court will decide.
Practical protections
Keep exempt benefits in a separate account when possible, so they are easy to trace and protect.
Respond to any lawsuit before a default judgment is entered -- most garnishments start with a judgment you could have contested.
Deadlines are short. Missing the window to file an exemption claim can cost you protections you were legally entitled to.
Where to Verify New York's Rules
Because minimum-wage figures and protected amounts are adjusted over time, confirm the current numbers before relying on them. The Office of the New York State Attorney General runs the Bureau of Consumer Frauds and Protection, which publishes consumer guidance and accepts complaints about illegal debt-collection and garnishment practices. The New York State Department of Labor publishes the current minimum-wage schedule used to calculate the protected floor, and the New York State Unified Court System (including its self-help and CourtHelp resources) explains income executions, EIPA exemption claims, and the forms involved. For the underlying statutes, see CPLR 5231 (income execution) and CPLR 5205 (exemptions). Federal wage-garnishment limits are administered by the U.S. Department of Labor's Wage and Hour Division.
If a creditor is taking more than New York allows, garnishing exempt income, or pursuing you on a debt you do not owe, you may have grounds to fight back -- including under the federal Fair Debt Collection Practices Act (FDCPA), which governs how third-party debt collectors may behave. Consider consulting a legal aid organization or a consumer attorney; many handle garnishment disputes at low or no cost.
Official New York Sources
This page is based on New York law. Limits and deadlines change — verify the current details directly with the official New York sources below. This is general legal information, not legal advice.
Federal law also applies. Federal laws like the Fair Debt Collection Practices Act and Fair Credit Reporting Act protect you nationwide, on top of New York’s own rules.
Frequently asked questions
How much of my paycheck can a creditor garnish in New York?
For an ordinary consumer or business debt, a New York creditor can take only the lesser of 10% of your gross wages or the part of your disposable earnings above 30 times the minimum wage (capped at 25% of disposable earnings). The 10%-of-gross figure is usually the smaller, so most garnishments are limited to 10% of gross pay. Child support, taxes, and student loans follow different, higher limits.
Can my wages be garnished in New York if I earn a low income?
Often not. If your weekly disposable earnings are less than 30 times the applicable minimum wage, no money can be garnished for an ordinary debt. Because New York's minimum wage is higher than the federal rate and is adjusted periodically, check the current rate with the New York State Department of Labor to find your protected threshold.
What income is exempt from garnishment in New York?
Social Security, SSI, veterans' benefits, unemployment, workers' compensation, public assistance, most pensions and retirement accounts, disability benefits, and child or spousal support you receive are generally exempt. New York's Exempt Income Protection Act also automatically shields a baseline amount in your bank account, and more if it holds directly deposited exempt funds.
How do I stop or reduce a wage garnishment in New York?
You can dispute the calculation with the sheriff or marshal named on the income execution, or file a motion in the court that issued the judgment to modify or stop it, for example by showing your income falls below the protected floor. For a frozen bank account, return the exemption claim form the bank provides with proof the funds are exempt. Act quickly, because the deadlines are short.
Does New York's 10% cap apply to child support?
No. Child support and spousal support use income-withholding orders that can reach 50% to 65% of disposable earnings under federal and New York law, depending on whether you support another family and how far behind you are. The protective 10% income-execution cap applies to ordinary debts, not support obligations, taxes, or defaulted federal student loans.
This article is general legal information, not legal advice, and may not reflect the most current law or the law in your jurisdiction. Laws vary by state and change over time. For advice about your specific situation, consult a licensed attorney.
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