My Bank Account Was Frozen in New York: How to File a CPLR § 5222-a Exemption Claim (2026)

If a creditor has a judgment against you, they can serve a restraining notice on your bank. The bank then freezes your account — often without any advance warning — and you lose access to your funds until the hold is resolved. This can be devastating when rent, utilities, or groceries depend on that account. But New York law protects a minimum balance automatically, and certain types of income are fully exempt from collection. The key statute is CPLR § 5222-a, and if you act within the deadline, you may be able to recover your exempt funds without going to court.

How a bank account restraint works

When a creditor serves a restraining notice on your bank, the bank is legally required to freeze the account. The bank must also send you an exemption claim form within 2 days, along with a notice explaining your rights. Receiving that form triggers your 20-day deadline.

The automatic exemption threshold

Under CPLR § 5222-a, New York automatically protects a minimum balance equal to 240 times the applicable minimum wage in your area. Approximate protected amounts in 2026 — verify the current figure, as it adjusts when minimum wage increases:

• New York City, Nassau, Suffolk, and Westchester counties (higher minimum wage area): approximately $3,600 to $4,080, depending on the current wage rate.
• Remainder of New York State: a lower amount based on the statewide minimum wage in effect at the time.
• If your total account balance is at or below the protected amount, the full balance should be released — with or without you filing the claim form.

The bank is supposed to identify and automatically release the protected amount when it freezes your account. In practice, this does not always happen correctly. Completing and returning the exemption claim form puts your rights on the record in writing.

The 20-day deadline — act quickly

After the bank sends you the exemption claim form, you have 20 days to complete it and return it directly to the bank. The bank then has 3 business days to release the exempt funds. Missing the 20-day window does not permanently forfeit your rights, but it means you will likely need to go to court under CPLR § 5240 to get the funds released.

Protected income types

Beyond the minimum-balance protection, the following income types are fully exempt from creditor restraint under New York and federal law, regardless of the account balance:

• Social Security income, including SSI and SSDI
• Unemployment insurance and disability benefits
• Workers' compensation
• Public assistance and welfare benefits
• Child support and spousal support payments received
• Pension and retirement benefits (federal and many state plans)
• Veterans' benefits

If your account balance consists of exempt income, note the source on the exemption claim form and attach any documentation (such as a bank statement showing the deposit source).

What to do if the bank does not release the funds

If the bank does not release exempt funds within 3 business days of receiving your completed form, or if you missed the 20-day window, you can file a motion in court under CPLR § 5240. That statute gives a court broad power to modify or vacate enforcement procedures to protect exempt property. The motion explains what funds are exempt and asks the court to order the bank to release them.

What this does not do

Recovering your exempt funds does not eliminate the underlying judgment or reduce the debt you owe. The creditor still has a valid judgment and may pursue other collection efforts. If you want to challenge the judgment itself — for example, if you were never properly served or have a valid defense — that requires a separate motion to vacate the default judgment.