The Basic Rule
The amount deducted from your earnings is the least of (1) 10% of your gross earnings, (2) 25% of your disposable earnings, or (3) the amount by which your disposable earnings exceed the applicable protected weekly earnings threshold explained below.
How Much of My Wages Can Be Garnished for Private Debts in New York?
Under New York law, an income execution generally cannot result in any wage deduction unless your weekly disposable earnings exceed 30 times the greater of the federal minimum wage or the applicable New York minimum wage. For most New York employees in 2026, that means disposable earnings must exceed $510.00 per week if you work in New York City, Nassau, Suffolk, or Westchester Counties, or $480.00 per week elsewhere in New York State.
Disposable earnings are defined as those weekly earnings left after deducting those amounts required by law to be withheld (for example, taxes, social security, and unemployment insurance, but not deductions for union dues, insurance plans, etc.).
Also, no garnishment can take more than 25% of your weekly disposable earnings.
So, the basic rule is that the amount withheld is the least of:
- 10% of gross earnings;
- 25% of disposable earnings; or
- the amount by which disposable earnings exceed the applicable protected weekly earnings threshold ($510.00 or $480.00, depending on where you work).
By the way, here is a summary of CPLR § 5231.
Gross earnings refer to the total amount of money earned before any deductions are taken out, while disposable earnings refer to the amount of money left after legally required deductions have been made, such as federal and state taxes, Social Security, and the employee portion of state unemployment compensation insurance.
Limitations of Garnishments Based on Minimum Wage
The percentage of your earnings that may be deducted for personal liabilities, such as credit card balances, medical invoices, bank loans, and private educational loans, hinges on your disposable income. It's important to distinguish personal debts from other types of obligations like child support, taxes, or government student loans.
If your disposable weekly earnings exceed the applicable protected amount ($510.00 in New York City, Nassau, Suffolk, and Westchester Counties, or $480.00 elsewhere in New York), the creditor may garnish only the least of: (1) 10% of your gross earnings; (2) 25% of your disposable earnings; or (3) the amount by which your disposable earnings exceed the applicable protected weekly earnings threshold.
However, the combined deductions remain subject to the limitations imposed by CPLR § 5231, including the 25% limitation applicable to disposable earnings.
Exploring CPLR 5231: Five Key Aspects of Wage Garnishment Rules in New York
- As per N.Y. C.P.L.R. 5231, a judgment debtor with income is subject to an income execution, but deductions should not surpass 10% of the income (N.Y. C.P.L.R. 5231 (b)).
- No portion will be deducted from a debtor's weekly income unless the disposable income crosses 30 times the federal or state minimum wage, prioritizing the higher of the two (N.Y. C.P.L.R. 5231 (b)(i)).
- The weekly deduction from earnings may not exceed the least of (1) 10% of gross earnings, (2) 25% of disposable earnings, or (3) the amount by which disposable earnings exceed 30 times the greater of the applicable federal or New York minimum wage.
- If a debtor's earnings have existing alimony or support deductions, the garnished amount cannot exceed the difference between 25% of the disposable income for the week and the alimony/support deductions (N.Y. C.P.L.R. 5231 (b)(iii)).
- As per N.Y. C.P.L.R. 5231(c), "earnings" refers to compensation for personal services, whereas "disposable earnings" refers to the leftover earnings after mandatory deductions.
Additional Limitations for Pre-existing Court Orders for Child Support, Alimony, Maintenance, or Family Support
If any such court order already consumes 25% or more of your disposal earnings, the income execution will not take effect. But the burden is on you to notify the marshal within that 20-day grace period to avoid having the garnishment served on your employer. If the execution is sent to your employer, it is supposed to honor these garnishment laws.
If any such court order consumes less than 25% of your disposal earnings, then the income execution, added together with such pre-existing order, cannot exceed 25% of your disposal earnings.
If this breakdown is not clear, call us, and let's talk it through.
Medical Debt Exception
Beginning in 2026, CPLR § 5231 prohibits income executions to collect certain qualifying medical debt judgments brought by hospitals and certain licensed health care professionals. Whether this protection applies depends upon the identity of the plaintiff and the nature of the underlying judgment.
Other Avenues to Overturn the Judgment or Limit its Scope
The income execution should also notify you of your right under CPLR § 5240 and CPLR § 5231(i) to ask the court to deny, limit, condition, regulate, modify, or extend the use of the income execution. We do this repeatedly. You need to know all of your rights to place you in the best legal position. Do not assume that your adversary possesses an unassailable judgment. For example, New York law requires that you be properly notified of the underlying court action, and such a failure could compel the court to overturn the judgment.
In our practice, the defense of lack of proper service of the initial lawsuit (usually due to service at an outdated address) is extremely effective at voiding the judgment if the creditor sued you in the wrong county.
If the amount at issue is low, or you want to settle the debt, you may offer a settlement to avoid the income execution. This may be advantageous for the creditor because it will not have to wait long to get paid on the judgment. If your salary is low, and Marshal poundage fees are added to the equation, it could take years for the creditor to get fully paid. Furthermore, the income execution is only as good as the length of your employment.
Here is a list of New York City’s Marshals who enforce wage garnishments:
- City Marshal Ronald Moses
- City Marshal Bruce Kemp
- City Marshal Gregg E. Bienstock
- City Marshal Martin Bienstock
- City Marshal Henry Daly
The minute you receive any notice regarding a garnishment/income execution, contact us for a free consultation to discuss your rights and your strategy.