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    Wage Garnishment

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    msc12061980
    Wage garnishment in New York requires three main steps: 1. Draft an income execution form calculating the maximum amount that can be deducted from the debtor's wages in accordance with legal restrictions. 2. Deliver the income execution form to the sheriff's office in the county where the debtor resides or works. The sheriff will then properly serve the debtor. 3. If the debtor fails to make payments within 20 days, the sheriff will levy the debtor's wages by serving the income execution form to the debtor's employer. The employer must then pay the deducted wages to the sheriff on a periodic basis.

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    Wage Garnishment

    Uploaded by

    msc12061980
    253 views2 pages
    Wage garnishment in New York requires three main steps: 1. Draft an income execution form calculating the maximum amount that can be deducted from the debtor's wages in accordance with legal restrictions. 2. Deliver the income execution form to the sheriff's office in the county where the debtor resides or works. The sheriff will then properly serve the debtor. 3. If the debtor fails to make payments within 20 days, the sheriff will levy the debtor's wages by serving the income execution form to the debtor's employer. The employer must then pay the deducted wages to the sheriff on a periodic basis.

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    Wage garnishment in New York requires three main steps: 1. Draft an income execution form calculating the maximum amount that can be deducted from the debtor's wages in accordance with legal restrictions. 2. Deliver the income execution form to the sheriff's office in the county where the debtor resides or works. The sheriff will then properly serve the debtor. 3. If the debtor fails to make payments within 20 days, the sheriff will levy the debtor's wages by serving the income execution form to the debtor's employer. The employer must then pay the deducted wages to the sheriff on a periodic basis.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    253 views2 pages

    Wage Garnishment

    Uploaded by

    msc12061980
    Wage garnishment in New York requires three main steps: 1. Draft an income execution form calculating the maximum amount that can be deducted from the debtor's wages in accordance with legal restrictions. 2. Deliver the income execution form to the sheriff's office in the county where the debtor resides or works. The sheriff will then properly serve the debtor. 3. If the debtor fails to make payments within 20 days, the sheriff will levy the debtor's wages by serving the income execution form to the debtor's employer. The employer must then pay the deducted wages to the sheriff on a periodic basis.

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    Wage Garnishment in New York

    *Preliminary Note: Wage garnishment is possible only if the judgment debtor’s weekly
    disposable earnings exceed 30 times the current federal minimum wage. (I’m guessing this won’t
    be a problem for whomever your client is trying to garnish wages, but you never know…)

    Steps to Garnish Wages:

    I. Draft Income Execution

    A. Calculate amount that can be deducted from debtor’s income.

    1. Income execution cannot exceed 10 percent of debtor’s gross income for


    personal services rendered within 60 days before and at any time after delivery of
    the income execution

    2. Amount withheld from debtor’s earnings cannot exceed 25 percent of debtor’s


    disposable earnings for that week, or the amount by which the disposable earnings
    exceed 30 times the federal minimum hour wage, whichever is less. See CPLR
    5231(b).

    3. There are additional restrictions relating to alimony, child support etc. See
    CPLR 5231 for additional details.

    B. Income Execution (the “paper” that goes along with this) must contain notice to the
    judgment debtor that if he or she defaults on payment, the execution will be served upon
    the person from whom he or she is receiving or will receive money. The income
    execution must also contain the language set forth in CPLR 5231(g).

    II. Deliver Income Execution to Sheriff

    A. Deliver to the sheriff of the county in which the debtor resides (or, if debtor is a non-
    resident, to the sheriff in the county in which debtor is employed). CPLR 5231(b)

    B. Sheriff should properly serve debtor within 20 days after delivery. This can be done
    in the same manner as a summons or by certified mail, return receipt requested, provided
    that an additional copy is sent by regular mail to the debtor. (*if service is by mail, the
    person effecting service must retain the receipt together with a post office certificate of
    mailing as proof of service. CPLR 5231(d).)

    III. Levying

    A. If debtor fails to make installment payment within 20 days of delivery, or if sheriff


    cannot serve debtor within 20 days, Sheriff levies upon money that the debtor is receiving
    or will receive by serving a copy of the income execution upon the person from whom
    the judgment debtor is receiving or will receive money.

    1
    1. The income execution should be indorsed to indicate the extent to which paid
    installments have satisfied the judgment. CPLR 5231(e).

    2. Service of the income execution upon the garnishee should be done in the
    same manner as a summons or by certified mail return receipt requested. CPLR
    5231(e).

    B. A person served with an income execution holds the money due to the judgment
    debtor and pays it over to the sheriff. (Should that person fail to make payments, the
    judgment creditor may commence a proceeding against him for accrued installments).
    CPLR 5231(f).

    C. See CPLR 5231(h) for modified rules regarding garnishment from a municipal
    corporation or the state.

    IV. Accounting by Sheriff

    A. Every 90 days the sheriff to whom the income execution is delivered must account
    for, and pay over to the judgement creditor, all monies collected (less lawful fees and
    expenses for collecting). CPLR 5231(k).

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