Garnishment in New York: How much can they take?
If you are employed, your wages may be garnished. New York and federal law limit the amount a judgment creditor can take. Learn about the limits here.
State Law: 10% of Your Gross WagesUnder New York law, a judgment creditor can take up to 10 % your gross wages or salary per pay period. In other words, if you make $1000 per week, they Sheriff could garnish $100 from your pay, regardless of taxes, FICA or any other deductions you have or make.
However, the garnishment cannot leave your take-home with less than 30X the minimum wage. For our upstate clients not working for SUNY or in fast food, that is currently $291.00. But remember, the minimum wages changes in New York again in 2018.
Federal Law Limitation: 25 % of Your Disposable IncomeFederal labor law constricts the ability of judgment creditors to get this much from you, however. Adding another element to the equation, the federal law says that a garnishment cannot exceed 25% of your disposable income. Disposable income generally means your gross less payroll and medical taxes.
What if You Pay Support or Maintenance ?If you are making child support or maintenance payments, you know they come out of your wages first. Under the federal statute, no more than 25% of your disposable income can be applied to child support and another execution. So , if you make $1000 per week, have $250 in taxes, and pay $170 per week in child support, the judgment creditor would be limited to $17.00 ( 750 x .25= 187 : 187-170=17)
Can You Fight a Garnishment?There are provisions in the Civil Practice Law and Rules you can use to ask the Court that granted the judgment to limit, modify or vacate a wage garnishment. Normally, one might make the motion if his or her employer is taking too much. But an argument can also be made that the garnishment, on top of your other obligations, works a hardship on you and your family.