Wage Garnishment in New York

New York: The Lowest Percentage Cap in America

New York caps wage garnishment at just 10% of gross wages for most consumer debts — the lowest percentage-based limit in the United States. Unlike the federal formula (which uses “disposable earnings” after tax deductions), New York applies the 10% cap to your gross (pre-tax) wages. This sounds like it could be worse, but for most workers, 10% of gross is actually more protective than 25% of disposable earnings.

Example: How NY’s 10% Rule Works

A worker earning $1,000/week in New York:

• NY cap: 10% × $1,000 = $100/week maximum garnishable
• Federal cap (for comparison): 25% × ~$780 disposable = $195/week

New York protects $900 of that worker’s weekly paycheck — 90% of gross.

Minimum Wage Context

New York’s $15.00/hour state minimum wage (higher in NYC, Long Island, and Westchester County) means even minimum-wage workers have a meaningful buffer. A full-time minimum-wage worker earns $600/week, with at most $60 garnishable under NY law.

Special Rules for Different Debt Types

New York has different garnishment rules depending on the debt type:

• Consumer credit card debt: 10% of gross
• Child support: Up to 50-65% (federal rules apply)
• Student loans: 10% of gross (New York matches the 10% rate here as well)
• Tax debt: Separate rules via NYS Department of Taxation

Why New York Is So Protective

New York’s strong garnishment protections date back to 2008 reforms that dramatically reduced the allowable garnishment rate. The state also exempts $2,500–$3,000 in a bank account from restraint, providing comprehensive protection against creditor collection.

Statute: N.Y. C.P.L.R. § 5231 — Official source

This calculator is for consumer debt garnishment only. Not legal advice. Rules vary by debt type (student loans, child support, taxes). Verify with official sources before making any financial or legal decisions.