Wage Garnishment and Income Executions

When an individual owes you money on a judgment and has a job, an income execution lets you collect directly from the debtor's paycheck. It is a steady, reliable way to satisfy a judgment over time. Call 212-233-1233 to garnish a debtor's wages.

How an Income Execution Works

An income execution, governed by CPLR 5231, is the New York mechanism for wage garnishment. We deliver the execution to a New York City marshal or county sheriff, who first serves it on the debtor. The debtor has twenty days to begin paying voluntarily. If the debtor does not, the marshal serves the execution on the debtor's employer, who must then withhold from each paycheck and remit to the marshal until the judgment, with interest and fees, is paid in full.

How Much Can Be Garnished

An income execution reaches up to ten percent of the debtor's gross wages. Federal and state law also cap garnishment based on disposable earnings and protect debtors whose income is at or near the minimum wage, so a low-earning debtor may have less than ten percent withheld, or nothing at all. We calculate the proper amount so the execution holds up.

Locating the Employer

To garnish wages we need to know where the debtor works. We identify the employer through information subpoenas and other asset investigation. Once the employer is known, the income execution is a dependable tool because it captures a portion of every paycheck automatically.

Priority and Competing Garnishments

New York handles competing income executions in order, and child support obligations take priority over ordinary judgment garnishments. We confirm the debtor's situation and position your execution to collect as effectively as the law allows.

A Patient but Reliable Remedy

Wage garnishment does not produce a lump sum overnight, but for a working debtor with no seizable bank balance it is often the surest path to full payment. Combined with a bank levy when the opportunity arises, it keeps steady pressure on the debtor until the judgment is satisfied.

To start an income execution, call 212-233-1233 or email [email protected].