DocDraft Logo

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. 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. 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. 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. 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. 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. 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. 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 guide

Customize your Claim of Exemption Template with DocDraft

CLAIM OF EXEMPTION / MOTION TO MODIFY INCOME EXECUTION (NEW YORK)

Filed under N.Y. C.P.L.R. section 5231 et seq. For wages, the judgment debtor moves under section 5231(i) to modify the income execution because some or all of the earnings being withheld are exempt. For a frozen bank account, use the exemption claim form under section 5222-a.

  1. COURT AND CASE Court that issued the judgment: [COURT NAME] Index or case number: [CASE NUMBER] Income execution number, if any: [INCOME EXECUTION NUMBER]

  2. PARTIES Judgment creditor: [CREDITOR NAME] Judgment debtor (you): [DEBTOR NAME] Debtor address: [DEBTOR ADDRESS] Employer served with the income execution: [EMPLOYER NAME]

  3. WHAT IS BEING GARNISHED [ ] Wages from my employer named above (income execution) [ ] Funds in my account at: [BANK NAME] (bank levy or restraint) Approximate amount being taken: $[AMOUNT]

  4. EXEMPTION CLAIMED I claim that the money is exempt for the following reason(s): [ ] The income execution takes more than the lesser of 10 percent of my gross income or 25 percent of my disposable earnings (section 5231). [ ] My weekly disposable earnings are below 30 times the applicable minimum wage and are protected. [ ] The money comes from an exempt source: [SOCIAL SECURITY / DISABILITY / VETERANS BENEFITS / PENSION / OTHER]. [ ] The withholding leaves me unable to support myself or my family. Amount I ask the court to protect: $[AMOUNT CLAIMED EXEMPT]

  5. SOURCE OF THE FUNDS Describe where the money comes from: [DESCRIPTION OF WAGES OR DEPOSITED FUNDS]

  6. FINANCIAL AFFIDAVIT (attach) Monthly take-home income: $[INCOME] Monthly necessary expenses: $[EXPENSES] Number of people I support: [NUMBER OF DEPENDENTS]

  7. WHAT I AM ASKING I ask the court to modify the income execution by reducing or suspending the amount withheld, and to protect the exempt money. For a frozen bank account, I ask that the exempt deposits be released.

  8. VERIFICATION I declare under penalty of perjury under the laws of the State of New York that the statements above are true and correct.

Debtor signature: [SIGNATURE] Printed name: [NAME] Date: [DATE]

Note: For wages, file this as a motion to modify the income execution under C.P.L.R. section 5231(i) in the court that issued the judgment; there is no fixed deadline, but money is withheld while it is pending, so file quickly. For a frozen bank account, use the exemption claim form under section 5222-a, which has its own short deadline. Confirm the current forms and procedure, or have this reviewed by an attorney, before you file.

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.

Frequently Asked Questions

A New York claim of exemption is how you ask a court to protect wages or bank funds from a garnishment. For wages, you file a motion to modify the income execution, telling the court that some or all of the money is exempt, meaning the law does not let a creditor take it. For a frozen bank account, you use a separate exemption claim form that lists the protected deposits.

An income execution is what New York calls wage garnishment. After a creditor wins a money judgment, it can issue an income execution directing your employer to withhold part of each paycheck and send it to the creditor. New York caps how much can be taken and protects lower earners entirely, and you can ask a court to modify the income execution if it takes too much.

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. No deduction can be made at all if your weekly disposable earnings are less than 30 times the greater of the state or federal minimum wage. Disposable earnings are what is left after legally required deductions.

For wages, there is no fixed deadline. Under C.P.L.R. section 5231(i) you can make a motion to modify the income execution at any time it is in effect. Even so, money is withheld while your motion is pending, so file quickly. If instead a bank account is frozen, the separate exemption claim form has its own short deadline, so act as soon as you get the papers.

Social Security, Supplemental Security Income, disability, veterans benefits, and many pensions and public benefits are exempt from garnishment for ordinary debts, no matter how much you owe. A share of ordinary wages is also protected, and lower earners are shielded entirely. If exempt benefits are frozen in a bank account, an exemption claim form is how you get them released.

New York does not have a separate head-of-household wage exemption, but its standard limits are strong and protect lower earners entirely. If the income execution still leaves you unable to meet basic needs, you can file a motion to modify under C.P.L.R. section 5231(i) with a financial affidavit, and the court can reduce or suspend the withholding based on your income and expenses.

For wages, you file a motion to modify the income execution, usually by order to show cause with a financial affidavit, in the court that issued the judgment. For a frozen bank account, you send the exemption claim form as directed in the papers you received. The court that entered the judgment is where the wage motion is heard and decided.

For a wage income execution, the court reviews your motion and financial affidavit and can reduce, suspend, or leave the withholding in place. For a frozen bank account, filing the exemption claim form can trigger the release of protected deposits unless the creditor objects. Because money is withheld while the matter is decided, filing quickly limits what you lose.