New York Wage Garnishment: How to Claim an Exemption Under CPLR § 5231 and Limit the Deduction

Once a creditor has a money judgment against you in New York, one of their collection tools is an income execution — a legal order directing your employer to withhold part of each paycheck and send it to the creditor. This is wage garnishment. The good news is that New York is more protective of wages than federal law: the percentage cap is lower, the protected weekly floor is higher, and you have a window to demand a hearing before your employer is notified at all.

How income execution works in New York — CPLR § 5231

The process under CPLR § 5231 works in steps:

1. The creditor obtains a judgment and issues an income execution.
2. The sheriff serves a copy on you first — your employer is not notified yet.
3. You have 20 days from receiving the income execution to pay the full judgment or to demand a hearing if you believe your wages are exempt or partially exempt.
4. If you do not pay or demand a hearing within 20 days, the sheriff serves the income execution on your employer.
5. Once the employer is served, they are legally required to withhold the specified amount each pay period and remit it to the sheriff.

The 20-day window after you receive the execution — before your employer knows anything — is your clearest opportunity to act.

How much can be withheld — the 10% cap and the weekly floor

New York law caps what a creditor can withhold at 10% of your gross wages per pay period — stricter than the federal 25% limit.

More importantly, if your gross weekly wages fall below 30 times the applicable minimum wage, nothing can be withheld at all. The protected floor in 2026 is approximately:

• New York City, Nassau, Suffolk, and Westchester counties: approximately $495 to $510 per week, based on the higher minimum wage rate in those areas. Verify the current figure — it adjusts when the minimum wage increases.
• Rest of New York State: a somewhat lower weekly floor based on the applicable statewide minimum wage.

If you earn below the protected floor, your wages are completely exempt from the income execution and nothing can be withheld.

Demanding a hearing — your 20-day window

When you receive your copy of the income execution, you have two options within 20 days:

1. Pay the judgment in full, which satisfies the debt and ends the income execution.
2. Demand a hearing with the sheriff if you believe your wages fall below the protected floor or that you otherwise qualify for an exemption. The demand must be made to the sheriff's office within 20 days.

At a hearing, you present evidence of your income — recent pay stubs or tax records — and argue that your earnings are below the protected threshold. If the hearing officer or court agrees, the income execution will not be served on your employer.

Protected income types

The following payments are fully exempt from income execution regardless of amount:

• Social Security income (SSI and SSDI)
• Unemployment insurance and disability benefits
• Workers' compensation
• Public assistance (welfare) payments
• Child support or spousal support you receive
• Veterans' benefits and pension income

If withholding has already started — CPLR § 5240 modification

If your employer is already withholding and you missed the 20-day hearing window, you can move in court under CPLR § 5240 for a protective order. The court has broad authority to modify or vacate an income execution — including reducing the withholding amount or stopping it altogether if your wages are exempt.

Challenging the underlying judgment

An exemption claim limits how much can be taken from your paycheck — it does not eliminate the judgment or the debt. If you believe you were never properly served, or that you have a valid defense to the debt itself, the more powerful route is to move to vacate the default judgment under CPLR § 5015(a). A successful vacatur restores your ability to contest the claim in court.