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In New York State, a creditor can garnish the lesser of 10% of your gross wages or 25% of your disposable income to the extent that this amount exceeds 30% of minimum wage. If your disposable income is less than 30 times the minimum wage, it can't be garnished at all. (N.Y.C.L.P.R. § 5231).

Generally, the creditor needs to get a court order before it can garnish your wages. In New York, wage garnishment is also called an income execution. The creditor will send a notice of income execution to an enforcement officer. In the five boroughs of New York, the enforcement office is the New York City Marshal.

Salary That Can't be Taken To Pay Money Judgments This is called garnishment. But, salary can't be garnished if after taxes, it is less than 30 times minimum wage. For example, if minimum wage is $13.00 an hour, if the debtor earns $390 per week or less after taxes, all of the money is exempt from garnishment.

Yes. Wage garnishment is legal in New York, but most creditors must first sue you and get a money judgment against you. There are also limits to how much money creditors can take from your paycheck.

New York Account Levy In some states levy is called attachment or account garnishment. The names may vary but the concept is the same. Under New York's Exempt Income Protection Act of 2008 (EIPA), your bank may never take or freeze the first $1,740 in your bank or credit union account to pay a judgment (CVP § 5232).

Wage Garnishment in New York. In New York, most creditors can't garnish your wages unless they have a money judgment against you. To get a judgment, a creditor must first file a lawsuit against you. If they present evidence that you owe them money, the judge will order you to pay.