Garnishment Law Summaries
New York, Garnishment Law Summaries
New York's garnishment law is found in the Gould's Consolidated Laws of New York, Civil Practice Law and Rules, Secs. 5205, 5207, 5231, and 5252; Retirement and Social Security Law, Sec. 110; Social Services Law, Sec. 137-a.
DEFINITIONS
“Earnings” means compensation for personal services, whether denominated as wages, salary, commission, bonus, or otherwise, and includes periodic payments pursuant to a pension or retirement program (N.Y. Civ. Prac. L. & R. Sec. 5231).
“Disposable earnings” means that part of an individual's earnings remaining after deductions required by law (N.Y. Civ. Prac. L. & R. Sec. 5231).
COVERAGE
Employee wages are subject to garnishment. All procedures for the enforcement of money judgments are applicable to the state, its officers, agencies, and subdivisions as a garnishee (N.Y. Civ. Prac. L. & R. Sec. 5207).
PROCEDURES
Amounts exempt from or subject to garnishment.- Nothing can be withheld unless an employee's disposable earnings for a week exceed 30 times the federal minimum wage. The amount withheld from an employee's earnings for any week cannot exceed 25% of disposable earnings or the amount by which the employee's disposable earnings exceed 30 times the federal minimum wage, whichever is less. If an employee's earnings are also subject to deductions for alimony, support, or maintenance for family members or former spouses, the amount withheld cannot exceed the amount by which 25% of the employee's disposable earnings exceeds the amount deducted for support (N.Y. Civ. Prac. L. & R. Sec. 5231).
The following personal property is exempt from seizure to satisfy a money judgment, except such part as a court determines to be unnecessary for the reasonable requirements of the employee and his dependents: (1). 90% of the earnings of an employee for personal services rendered within 60 days before, and at any time after, an income execution is delivered to the sheriff, (2). payments for the support of a wife or a child. The pay of a non-commissioned officer, musician, or private in the U.S. or New York armed forces, as well as any pension or other reward granted by the U.S. or a state for services in the armed forces, is exempt from application for the satisfaction of a money judgment, except for an order for support of a child, spouse, or former spouse (N.Y. Civ. Prac. L. & R. Sec. 5205(d)).
WHAT THE EMPLOYER MUST DO
An employer served with a garnishment order must withhold as instructed in the order. An employer served with an income execution order must withhold from money then or thereafter due the employee and pay the installments over to the sheriff. If the employee resigns or is dismissed at any time after service of the income execution order, the order should be returned, unless the employee is reinstated or re-employed within 90 days of the termination (N.Y. Civ. Prac. L. & R. Sec. 5231).
Priorities in cases of multiple garnishment.- Two or more income execution orders against the same employee must be satisfied in the order in which the executions are delivered to an officer authorized to levy in the county, town, or city in which the employee resides or is employed (N.Y. Civ. Prac. L. & R. Sec. 5231).
Discrimination prohibited.- No employer can discharge, lay off, or discipline an employee or refuse to hire a prospective employee because one or more wage assignments or income executions have been served against the employee or prospective employee or because of the pendency of any action or judgment.
ENFORCEMENT
If the employer fails to pay the sheriff, the creditor may proceed against him for accrued installments (N.Y. Civ. Prac. L. & R. Sec. 5231). An employee or prospective employee can institute a civil action for damages for up to six weeks of wages lost as a result of a violation of the discrimination provisions (N.Y. Civ. Prac. L. & R. Sec. 5252, as amended by S. 5771, L. 1997).
WHO TO CONTACT
Employers with questions about a garnishment order should contact the issuer of the order.
PENALTIES
If there is a violation of the discrimination prohibitions, the court may order reinstatement, and may also punish such a violation as contempt of court (N.Y. Civ. Prac. L. & R. Sec. 5252, as amended by S. 5771, L. 1997).
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