Wage Exemptions -- State System
New York Law Wage Garnishment Limits
In New York, garnishment is limited to 10% of gross wages, or amount in excess of 30 times federal or state minimum wage. State minimum wage varies from $11.10 to $15/hour. Also prohibits garnishment if debtor receives public assistance or would be qualified to receive it if wages were reduced by the garnishment.
New York earned a "C" from NCLC because its garnishment law protect at least $350 per week.
Federal Non-Bankruptcy Law
(available only if using State System)
Federal "non-bankruptcy" law also offers exemption protection for wages.
Wage Garnishment — Federal System § 522 (no exemption)
Yes. N.Y. Debt. & Cred. Law § 285
The Federal Bankruptcy Exemptions under 11 U.S.C. § 522(d) are available to you if
- you haven't lived in any state longer than 180 days for a while,
- or
- if your state allows the Federal exemptions as a choice.
See also on LegalConsumer.com
From Elsewhere on the web:
- Wage Garnishment in New York (UpSolve.org): UpSolve features state specific articles on wage garnishment in each state.