Wage Garnishment

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This article includes information about wage garnishment limits for New York State residents who live outside of New York City, Long Island, and Westchester County. The minimum wage, garnishment rules, and bank account limits may be different for people living in those areas. Additionally, the rules for collecting child support and government debts are different and are discussed briefly at the end of this article.

Wage Garnishment

Wage garnishment, also called income execution, is when a court judgment compels an employer to withhold money from an employee’s paycheck due to a debt owed by the employee. Wages are taken from every paycheck until a debt is paid. Your wages can only be garnished if a creditor sues you and wins a judgment against you. Only one creditor can garnish you at a time, no matter how many creditors you owe.

How much can be taken from my paycheck to collect on debts?

There are garnishment limits. The garnishable amount is up to 10% of an employee’s gross income or 25% of an employee’s disposable earnings, whichever is less. Disposable earnings are the income you receive after tax deductions such as federal and state income tax, but before optional deductions, such as health insurance. For example, if you earn $100 a week, and  $10 is deducted for taxes, your disposable income is $90. If your employer takes out $5 a week for health insurance your weekly pay is $85, but your disposable income is still $90 because health insurance is an optional deduction.

 Your paycheck cannot be garnished if your disposable weekly disposable wages are less than 30 times New York’s minimum hourly wage. As of January 2026, minimum wage in Western New York is $16.00, and 30 times that amount is $480.00. If you make less than $480.00 per week after taxes are taken out, your wages cannot be garnished. If you make $480.00 or more per week after taxes are taken out, your wages can be garnished.

How will I know if my wages will be garnished?

Before a creditor garnishes your wages, you will receive a paper titled  “Notice of Income Execution.” The Notice of Income Execution usually comes from a Sheriff or Marshal and will give you 20 days to set up payments with the Sheriff or Marshal to begin repaying your debt before your wages are garnished. If you do not set up payments within 20 days, your employer will begin wage garnishment. 

For how long can my wages be garnished?

If you are working and making enough money, your wages can be garnished until the entire judgment amount (plus interest and fees) is paid, or until the judgment expires. The creditor can ask the court to renew the judgment if it expires, so the garnishment can continue until the debt is paid.

How does wage garnishment affect my employment?

Your employer is prohibited from firing you due to wage garnishment for one judgment. If you have more than one judgment against you that is delivered to your employer for garnishment, your employer is legally allowed to fire you.

Ways to stop garnishment

1. If you did not know about the lawsuit or the judgment, you can ask the court to overturn, or vacate, the judgment to stop the garnishment. You should talk to a lawyer right away for help as there may be time limits for asking a court to overturn a judgment. For more information on vacating judgements and the deadlines, read LawNY’s article on Vacating a Default Judgment.
2. You may be able to negotiate a settlement directly with the Plaintiff. If you work out a settlement, be sure to get it in writing and make sure a paper titled a “Satisfaction of Judgment” is filed with the court. For more information on debt collectors and judgments, read LawNY’s article about Dealing with Debt Collectors.
3. You can ask the court to modify the garnishment due to financial hardship. This is done by filing a motion with the court. Contact the court for more information.
4. You may talk to a bankruptcy lawyer to see if filing for bankruptcy can help you get rid of your debts. For more information on bankruptcy, read LawNY’s article on Bankruptcy in New York.

Child Support and Spousal Support

The rules are different for child support or spousal maintenance (alimony). As much as 60% of your wages can be taken out of your paycheck if you owe child support. The process for garnishing wages for child support is also different from the process for garnishing wages for a civil money judgment. You will not get a Notice of Income Execution in a child support case, as this is often done automatically through a court order. If you are having problems paying your child support, you should talk to a lawyer right away. You can lose your license and even end up in jail if you have the ability to pay your child support but fail to do so.

Debts to the Government

If you owe a debt to the government, such as a tax bill, federal student loan, or overpayment of government benefits, the rules are also different. The government may be able to seize your tax refund or deduct money from your government benefits (such as your Social Security check) to pay back your debt without suing you. This is called an “offset.” The government may also garnish your wages without suing you. You should get a notice before the government begins to garnish your wages. This notice usually comes from the Treasury Department. The government only has to send this notice to your last known address. If you get a notice from the government that your wages may be garnished, contact a lawyer or your local legal services agency right away. There are some limitations on what the government can take, and you may be able to work out a payment arrangement with the government to avoid a garnishment.

For more information on debt collection lawsuits and other forms of income execution, read LawNY’s article on Debt Collection Practices and Lawsuits.

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This article provides general information about this subject. Laws affecting this subject may have changed since this article was written. For specific legal advice about a problem you are having, get the advice of a lawyer. Receiving this information does not make you a client of our office.

Last Reviewed Date: April 2026