New York Income Execution / Wage Garnishment + Exemption Claim Package

New York Income Execution / Wage Garnishment + Exemption Claim Package

Part 1 — Pre-Garnishment Compliance Checklist (Judgment Creditor)

Before issuing an Income Execution under CPLR § 5231, the judgment creditor must confirm:

☐ Money judgment has been entered and docketed; not stayed or vacated
☐ Judgment is within the 20-year enforcement period under CPLR § 211(b)
☐ Income execution issued by attorney as officer of the court (CPLR § 5230(b)) — no separate court order needed
☐ Sheriff/marshal in county of debtor's residence retained
☐ Sheriff/marshal in county of employer retained (if different)
☐ Within 20 days of delivery, sheriff serves income execution on judgment debtor in same manner as a summons OR by certified mail return receipt requested with additional copy by first-class mail (CPLR § 5231(d))
☐ If debtor fails to pay voluntarily within 20 days, sheriff serves income execution on employer/garnishee (CPLR § 5231(e))
☐ Statutory notice of exemptions and mandatory withholding-limits language included verbatim in income execution (CPLR § 5231(e))
☐ Federal CCPA cap confirmed — lesser of 25% disposable OR amount > 30x federal minimum hourly wage (15 U.S.C. § 1673)
☐ NY combined cap confirmed — lesser of 10% gross OR 25% disposable OR amount > 30x state/federal minimum wage (whichever is greater)
☐ Confirmed no prior income execution / no support-order priority conflict (CPLR § 5241 / § 5242 family support has priority)

Part 2 — Income Execution (Creditor Side)

(CPLR § 5230 + § 5231 — to be issued by attorney to sheriff/marshal)

SUPREME COURT (or [____________] COURT) OF THE STATE OF NEW YORK
COUNTY OF [________________________________]

Index No.: [________________________________]
Date of Judgment: [__/__/____]
Amount of Judgment: $[____________]
Interest from [__/__/____] (9% statutory, CPLR § 5004): $[____________]
Costs and Disbursements: $[____________]
Credits/Payments: $[____________]
Total Sum Remaining Due: $[____________]

TO THE SHERIFF OF [________________________________] COUNTY:

You are commanded to satisfy the above judgment, with interest and costs, out of the personal earnings, wages, salary, commissions, bonuses, pension, or other income of the above-named judgment debtor.

Income-Source / Garnishee Information

Statutory Notice (CPLR § 5231(e)) — MUST appear verbatim

NOTICE: YOUR EMPLOYER OR INCOME SOURCE HAS BEEN SERVED WITH AN INCOME EXECUTION REQUIRING WITHHOLDING FROM YOUR EARNINGS TO PAY A MONEY JUDGMENT ENTERED AGAINST YOU.

THE AMOUNT WITHHELD WILL BE THE LESSER OF: 25% OF DISPOSABLE EARNINGS, OR 10% OF GROSS EARNINGS, OR THE AMOUNT BY WHICH DISPOSABLE EARNINGS EXCEED 30 TIMES THE GREATER OF THE FEDERAL OR STATE MINIMUM HOURLY WAGE.

NO AMOUNT WILL BE WITHHELD IF YOUR WEEKLY DISPOSABLE EARNINGS ARE LESS THAN 30 TIMES THE APPLICABLE MINIMUM HOURLY WAGE.

YOU MAY BE ABLE TO CHALLENGE THIS INCOME EXECUTION THROUGH THE PROCEDURES PROVIDED IN CPLR §§ 5231(i) AND 5240. CERTAIN INCOME (e.g., SOCIAL SECURITY, SSI, VETERANS BENEFITS, PUBLIC ASSISTANCE, UNEMPLOYMENT, WORKERS' COMPENSATION, PENSION, AND 90% OF EARNINGS DURING 60 DAYS BEFORE A LEVY) MAY BE EXEMPT.

Issuance

Date: [__/__/____] Signature: [________________________________]

Attorney for Judgment Creditor (CPLR § 5230(b))
Attorney's Office Address: [________________________________]
Telephone: [____________] Email: [________________________________]

Part 3 — Notice to Judgment Debtor with Statutory Exemption Notice

(Required by CPLR § 5231(d) — first service on debtor)

TO: [________________________________], Judgment Debtor

You have a judgment against you in the amount of $[____________] in [Court], Index No. [________________________________]. An income execution has been issued. You must commence payment of $[____________] per [pay period] to the sheriff/marshal immediately.

If you do not voluntarily make these payments within 20 days of service of this notice, the sheriff/marshal will serve the income execution upon your employer (or other income source), and your employer will be legally required to withhold the installments from your pay until the judgment is satisfied.

Your Right to Claim Exempt Income

The following types of income are generally EXEMPT from execution under CPLR § 5205 and federal law:

☐ Social Security retirement benefits / SSDI (42 U.S.C. § 407)
☐ Supplemental Security Income (SSI)
☐ Veterans benefits (38 U.S.C. § 5301)
☐ Public assistance, including SNAP and Safety Net Assistance
☐ Unemployment insurance benefits
☐ Workers' compensation
☐ Disability benefits, including private disability insurance
☐ Pension, retirement, IRA, 401(k) (CPLR § 5205(c))
☐ Child support and spousal maintenance received
☐ 90% of earnings received during the 60 days before the income execution (CPLR § 5205(d))
☐ Railroad Retirement benefits (45 U.S.C. § 231m)
☐ Black lung benefits
☐ Crime victim awards

Your Right to Modify or Vacate the Income Execution

You may seek relief by:

1. Motion under CPLR § 5240 — court may make any order denying, limiting, conditioning, regulating, extending, or modifying the use of any enforcement procedure;
2. Motion under CPLR § 5231(i) — modification on the ground of undue hardship;
3. Claim of Exemption under CPLR § 5222-a (for bank-account restraining notices — Exempt Income Protection Act);
4. Direct application to the issuing court.

Voluntary Payment Form

To make voluntary installment payments to the sheriff/marshal and avoid employer service:

Date: [__/__/____] Signature of Sheriff/Marshal: [________________________________]

Part 4 — Claim of Exemption (Debtor Side)

(CPLR § 5240 motion / CPLR § 5222-a procedure)

[COURT] OF THE STATE OF NEW YORK, COUNTY OF [________________________________]

Index No.: [________________________________]
Income Execution Issued: [__/__/____]
Income Execution Served on Debtor: [__/__/____]

NOTICE OF MOTION AND AFFIRMATION FOR ORDER LIMITING / VACATING INCOME EXECUTION

I, [________________________________], being the judgment debtor and movant, claim that the income execution issued in this action seeks to withhold income that is exempt from execution under law, or imposes undue hardship.

A. Basis for Claim (check all that apply)

☐ My weekly disposable earnings are less than 30 times the greater of the federal or NY State minimum hourly wage (CPLR § 5231(b)(i))
☐ The amount sought exceeds 25% of disposable earnings or 10% of gross earnings (CPLR § 5231(b))
☐ My income consists of Social Security / SSDI / SSI
☐ My income consists of Veterans benefits
☐ My income consists of public assistance / unemployment / workers' compensation / disability
☐ My income consists of pension / retirement / IRA / 401(k) (CPLR § 5205(c))
☐ 90% of my earnings during the 60 days before the levy are exempt (CPLR § 5205(d))
☐ The withholding causes undue hardship to me and my dependents (CPLR § 5231(i) / § 5240)
☐ I am subject to a prior support order under CPLR § 5241 / § 5242 with priority
☐ Other: [________________________________]

B. Household Information

C. Exemption Amount Requested

I request that the income execution be:

☐ VACATED entirely; OR
☐ MODIFIED to permit withholding of no more than $[____________] per [pay period]; OR
☐ STAYED pending hearing on undue hardship.

Affirmation

I affirm under penalty of perjury that the foregoing is true.

Date: [__/__/____] Signature: [________________________________]

Print Name: [________________________________]
Address: [________________________________]
Telephone: [____________]

Part 5 — Garnishee/Employer Acknowledgment and Withholding Statement

(Required upon service of income execution on employer under CPLR § 5231(e))

TO BE COMPLETED BY THE EMPLOYER/GARNISHEE:

A. Employee Status

☐ Employed — current pay period begins [__/__/____]
☐ Not employed — last day [__/__/____]
☐ Independent contractor (income execution may still apply to non-wage income — CPLR § 5231 broadly defined)

B. Existing Withholding Orders (priority — CPLR § 5241 / § 5242)

☐ No prior order
☐ Child support / spousal maintenance — priority over consumer income execution
☐ Federal tax levy — priority by statute
☐ Other income execution — earlier-in-time priority (CPLR § 5234(b))

C. Computation of Amount to Withhold per Pay Period

(See Wage Calculation Worksheet, Part 6.)

I certify the above is true and accurate.

Date: [__/__/____] Signature: [________________________________]

Title: [________________________________]

Part 6 — Wage Calculation Worksheet

(CPLR § 5231(b) + 15 U.S.C. § 1673)

Step 1 — Floor Test (CPLR § 5231(b)(i))

30 × Greater Minimum Hourly Wage = $[____________]
IF Disposable Earnings < this floor, then withhold $0 and STOP.

Step 2 — 10% Gross Cap (CPLR § 5231(g))

10% × Gross Earnings = $[____________]

Step 3 — 25% Disposable Cap (CPLR § 5231(b)(ii))

25% × Disposable Earnings = $[____________]

Step 4 — Amount Above Floor

Disposable − (30 × Greater Minimum Wage) = $[____________]

Step 5 — Support Adjustment (CPLR § 5231(b)(iii))

If prior support deductions exist: Withholding may not, in combination, exceed 25% of disposable.
Existing Support Deduction = $[____________]
Maximum Additional = 25% × Disposable − Existing Support = $[____________]

Final Amount Withheld

= LESSER of Steps 2, 3, 4, and 5 = $[____________]

Part 7 — Motion to Vacate / Modify Income Execution

(CPLR § 5240 / § 5231(i))

[COURT] OF THE STATE OF NEW YORK, COUNTY OF [________________________________]

Index No.: [________________________________]

NOTICE OF MOTION

PLEASE TAKE NOTICE that upon the annexed Affirmation/Affidavit of [________________________________] dated [__/__/____], and upon all the pleadings and proceedings heretofore had, the undersigned will move this Court at the Courthouse located at [________________________________] on [__/__/____] at [____________], or as soon thereafter as counsel may be heard, for an Order:

1. Vacating, modifying, or staying the income execution issued on [__/__/____];
2. Granting such other and further relief as the Court deems just and proper.

Grounds (check all that apply)

☐ Income execution was not properly served on debtor before service on employer (CPLR § 5231(d)-(e))
☐ Income execution does not contain required statutory notice (CPLR § 5231(e))
☐ Income is exempt under CPLR § 5205 / 42 U.S.C. § 407 / 38 U.S.C. § 5301
☐ Withholding amount exceeds CPLR § 5231(b)/(g) caps
☐ Undue hardship — CPLR § 5231(i)
☐ Judgment satisfied / vacated / stayed
☐ Improper party / mistaken identity
☐ Other: [________________________________]

Date: [__/__/____] Signature: [________________________________]

Attorney for Movant (or pro se)

Part 8 — Notice of Hearing

TO: All parties and counsel of record:

PLEASE TAKE NOTICE that a hearing on the [Motion to Vacate / Claim of Exemption / Modification] in the above action has been scheduled:

The movant has the burden of proving entitlement to exemption or modification. The court may grant interim stays pending the hearing under CPLR § 5240.

Date: [__/__/____] Signature: [________________________________]

Counsel of Record

Bank Account Garnishment — Restraining Notice (CPLR § 5222) and EIPA Notice (CPLR § 5222-a)

For levies on bank accounts (separate from wage garnishment), the Exempt Income Protection Act requires:

☐ Service of Restraining Notice on financial institution (CPLR § 5222(b))
☐ Service of Exemption Notice + Two Exemption Claim Forms on debtor within 2 business days (CPLR § 5222-a(b))
☐ Auto-protection of 240 × greater of federal/state minimum hourly wage in the account if direct-deposited Social Security, SSI, VA, public assistance, workers' comp, unemployment, pension, or child support are present (CPLR § 5222(h))
☐ For accounts without exempt direct deposits, $3,600 (indexed) is auto-protected if at least 240x minimum wage is present (CPLR § 5205(l))

Sources and References

• N.Y. C.P.L.R. §§ 5230 – 5242 (Article 52 — Enforcement of Money Judgments)
• N.Y. C.P.L.R. § 5205 (exemptions from execution)
• Exempt Income Protection Act, L. 2008, ch. 575 and L. 2009, ch. 4
• 15 U.S.C. § 1673 (federal CCPA floor)
• N.Y. State Department of Labor — current state minimum hourly wage
• Oystermen's Bank & Trust Co. v. Manning, 298 N.Y.S.2d 355 (Sup. Ct. 1969)
• Kaplan v. Supak & Sons Mfg. Co., 260 N.Y.S.2d 374 (N.Y.C. Civ. Ct. 1965)