New York Claim of Exemption
File a New York claim of exemption to protect wages from an income execution. Learn the 10 percent limit, what income is exempt, and how to move to modify.
Introduction
A New York claim of exemption is how you ask a court to protect some or all of your wages or bank funds from a garnishment. An exemption is money the law says a creditor cannot take. New York calls wage garnishment an income execution: after a creditor wins a judgment, it can direct your employer to withhold part of each paycheck. To protect your wages you file a motion to modify the income execution under the state's civil practice rules, which you can do at any time the garnishment is in effect, so there is no fixed deadline for wages. New York protects more of your pay than federal law does, capping the withholding and shielding lower earners entirely. If a creditor freezes a bank account instead, you use a separate exemption claim form with its own short deadline. Because money is withheld while your motion is pending, act quickly. DocDraft prepares a New York claim of exemption from your details, and attorney review is available before you file.
0/5000
Key Things to Know
- 1
A New York claim of exemption is how you ask a court to protect some or all of your wages or bank funds from garnishment. It tells the court the money is exempt, meaning the law does not let a creditor take it.
- 2
New York calls wage garnishment an income execution. To protect your wages you file a motion to modify the income execution under C.P.L.R. section 5231, and under section 5231(i) you can make that motion at any time, so there is no fixed deadline for wages.
- 3
New York protects more of your pay than federal law. Under C.P.L.R. section 5231 the withholding is capped at the lesser of 10 percent of your gross income or 25 percent of your disposable earnings, and only the amount that keeps you above the protected floor can be taken.
- 4
Lower earners are shielded entirely. No deduction can be made if your weekly disposable earnings are less than 30 times the greater of the state or federal minimum wage, so a paycheck below that line generally cannot be garnished at all.
- 5
Some income is exempt no matter the debt. Social Security, disability, veterans benefits, and many pensions and public benefits are protected, and a claim of exemption is how you free those funds if a bank has frozen them.
- 6
Frozen bank accounts use a separate form. If a creditor levies a bank account instead of your wages, you protect exempt deposits with an exemption claim form under C.P.L.R. section 5222-a, which has its own short deadline, so read the papers closely.
- 7
The court decides the motion. After you file your motion to modify with a financial affidavit, the court can reduce, suspend, or leave the income execution in place, so present a clear picture of your income and necessary expenses.
Key decisions before you file
Before you file a Claim of Exemption in New York, a few decisions shape the document: which option to choose and what each one means. The Claim of Exemption guide walks through them.
Open the Claim of Exemption guideCustomize your Claim of Exemption Template with DocDraft
New York Requirements for Claim of Exemption
New York Filing Deadline and Office
File the New York claim of exemption with the correct office, the court or the levying officer as New York directs, within the state's window after the garnishment is served. Money is usually held until the claim is decided, so filing late can forfeit wages the law would otherwise protect.