Legal Question in Credit and Debt Law in New York

What are the wage garnisment laws in New York in collecting a money judgment. My undertstanding is that it is 10% of gross or 25% of disposable income which ever is less. Can it further be reduced if the debtor claims that he needs to pay rent, utilties etc.


Asked on 7/17/13, 3:29 am

1 Answer from Attorneys
Guy Lewit Guy Mitchell Lewit, Esq.

Incorrect. 10% of gross income. The 25% refers to the maximum that can be removed from your gross pay for OTHER reasons (like child support). For example, if you are having child support payments removed, and that amount represents 17% of your gross paycheck, the maximum that can be removed on a wage garnishment is and additional 8% (17+8=25). Yes, if you petition the court and prove hardship the court MAY reduce the % of gross income removed on a wage garnishment.

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Answered on 7/17/13, 5:39 am


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