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Income Execution for Judgment Form

This Income Execution directs the withholding of up to 10% of the judgment debtor's gross income. In certain cases, however, state or federal law does not permit the withholding of that much of the Judgment debtor's gross income. The judgment debtor is referred to New York Civil Practice Law and Rules ?5231 and 15 United States Code ?1671 et seq. I. Limitations on the amount that can be withheld A. An income execution for installments from a judgments debtor's gross income cannot exceed ten percent (10%) of the judgment debtor's gross income. B. If a judgment debtor's weekly disposable earnings are less then thirty (30) times the current federal minimum wage ($7.25* per hour), or $217.50* no deduction can be made from the judgment debtors earnings under this income execution. C. A judgment debtor's weekly disposable earnings cannot be reduced below the amount arrived at by multiplying thirty (30 ) times the current federal minimum wage ($7.25* per hour), or $217.50* under this income execution. D. If deductions are being made from a judgment debtor's earnings under any orders for alimony, support or maintenance for family members or former spouses, and those deductions equal or exceed twenty-five percent (25%) of the judgment debtors disposable earnings, no deduction can be made from the judgment debtor's earnings under this income execution. E. If deductions are being made from a judgment debtor's earnings under any orders for alimony, support or maintenance for family members or former spouses, and those deductions are less then twenty-five percent (25%) of the judgment debtor's disposable earnings, deductions may be made from the judgment debtor's earnings under this income execution. However, the amount arrived at by adding the deductions from earnings made under this execution to the deductions made from earnings under any orders for alimony, support or maintenance for family members or former spouses cannot exceed twenty-five percent (25%) of the judgment debtor's disposable earnings. NOTE: Nothing in this notice limits the proportion or amount which may be deducted under any order for alimony, support or maintenance for family members or former spouses. II. Explanation of Limitations Definitions Disposable earnings- Disposable earnings are that part of an individuals earnings left after deducting those amounts that are required by law to be withheld (for example, taxes, social security and unemployment insurance, but not deductions for union dues, insurance plans, etc.) Gross Income- Gross income is salary, wages or other income, including any and all overtime earnings, commissions, and income from trusts, before any deductions are made from such income. Illustrations regarding earnings: If disposable earning is: Amount to pay or deduct from earnings under this income execution is: (a) 30 times federal minimum wage No payment or deduction allowed. ($217.50*) or less (b) more then 30 times federal minimum The lesser of: The excess over 30 times the federal wage ($217.50*) and less than 40 times minimum wage ($217.50*) in disposable earnings, federal minimum wage ($290.00*) or 10% of gross earnings. (c) 40 times the federal minimum wage The lesser of 25% of disposable earnings or 10% of ($290.00*) or more gross earnings. III. Notice: You may be able to challenge this income execution through the procedures provided in CPLR ?5231(i) and CPLR ?5240. If you think that the amount of your income being deducted under this income execution exceeds the amount permitted by the state of federal law, you should act promptly because the money will be applied to the judgment. If you claim that the amount of your income being deducted under this income execution exceeds the amount permitted by state or federal law, you should contact your employer or other person paying your income. Further, YOU MAY CONSULT AN ATTORNEY, INCLUDING LEGAL AID IF YOU QUALIFY. New York State law provides two procedures through which an income execution can be challenged. CPLR ?5231(i) Modification. At any time, the judgment debtor may make a motion to a court for an order modifying an income execution. CPLR ?5240 Modification or protective order: supervision of enforcement. At any time, the judgment debtor may make a motion to a court for an order denying, limiting, conditioning, regulating, extending or modifying the use of any post-judgment enforcement procedure, including the use of income executions. Return (for Sheriff's or Marshal's use only) Fully satisfied 20 Unsatisfied Partially Satisfied 20 , $ Because I was unable to find the Garnishee (the Employer) within my jurisdiction I returned this Income Execution to Judgment Creditor's Attorney on , 20 Marshal, City of Date and time received: Sheriff, County of _____________________________ Constable of the Town Village of

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