After a debt judgment in New York: garnishment, bank levy, exemptions
Garnishment, bank levies and exemptions, with the deadline to claim them.
Checked against official sources: Oct 24, 2026.
Short answer
After a judgment, the creditor can ask the court to take part of your pay or freeze your bank account, but some money is exempt (protected by law). The bank must mail you an Exemption Notice and two Exemption Claim Forms. Check the type of exempt money (for example Social Security, SSI, unemployment, pension, child support, or wages earned in the last 60 days — 90% exempt), sign, and mail or deliver one form to the creditor or its lawyer and one to the bank within 20 days of the postmark on the envelope.
- How long it lasts
- 20 years
- Interest after the judgment
- 2%
- Exemption form
- Official exemption form
How to claim an exemption in New York
The bank must mail you an Exemption Notice and two Exemption Claim Forms. Check the type of exempt money (for example Social Security, SSI, unemployment, pension, child support, or wages earned in the last 60 days — 90% exempt), sign, and mail or deliver one form to the creditor or its lawyer and one to the bank within 20 days of the postmark on the envelope. Attach proof such as an award letter or two months of bank statements. If you send proof, the creditor's lawyer must release the money within 7 days. If the creditor does not go to court to object within 8 days, the bank must release the money 8 days after the postmark on the envelope you used to mail the claim form to the bank (or 8 days after you hand-delivered it). Missing the 20 days does not waive your exemption rights. You do not need a lawyer to make a claim.
Law: CPLR 5222-a
Count your deadline to claim an exemption
How long a judgment lasts in New York
- Interest after the judgment
2% a year on a judgment in a consumer debt case against a person (9% for other judgments). The 2% rate also applies, going forward, to unpaid consumer debt judgments entered earlier.
- How long it lasts
A money judgment is presumed paid after 20 years from when it could first be enforced. Its lien on real estate lasts 10 years; the creditor can bring an action for a renewal judgment in the year before the 10 years run out.
Law: CPLR 5004(a)-(b); CPLR 211(b); CPLR 5014
Your paycheck after a judgment in New York
An income execution can take no more than 10% of your gross income, and never more than 25% of weekly disposable earnings or the amount above 30 times the higher of the federal or New York minimum wage, whichever is less (nothing if you earn at or below that amount). No wage garnishment at all on a medical debt judgment won by a hospital or health care provider.
Law: CPLR 5231(b)
These garnishment limits are from our sister site, which checks them against official sources: Debt Collector Map: New York
For an ordinary debt, a creditor can take at most 25% of your take-home pay, or the part above 30 times the federal minimum wage if that is less. Many states protect more.
Law: 15 U.S.C. 1673(a)
Bank levies in New York
The creditor serves a restraining notice and execution on your bank. An amount equal to 240 times the higher of the federal or New York minimum hourly wage cannot be restrained, and directly deposited exempt payments such as Social Security in the last 45 days have extra protection.
Law: CPLR 5222(i); CPLR 5205(l)
Your bank must protect up to two months of Social Security, SSI, VA and some other federal benefits that were paid into your account by direct deposit. You don't have to ask.
Law: 31 CFR 212.5, 212.6
Steps to protect your money in New York
Read every notice
Deadlines to claim exemptions can be days, not weeks. Read each notice the day it comes.
Gather proof
Get bank statements and benefit award letters: they prove the source of the money.
Claim your exemptions
In New York: The bank must mail you an Exemption Notice and two Exemption Claim Forms. Check the type of exempt money (for example Social Security, SSI, unemployment, pension, child support, or wages earned in the last 60 days — 90% exempt), sign, and mail or deliver one form to the creditor or its lawyer and one to the bank within 20 days of the postmark on the envelope.
Attend the hearing
A judge decides disputed claims; bring every paper.
Ask for free help
Legal aid can help for free: LawHelpNY (free legal aid directory) and New York Attorney General – Consumer complaint.
Free help in New York
Questions about collection after a judgment in New York
What is the judgment interest rate in New York?
2% a year on a judgment in a consumer debt case against a person (9% for other judgments). The 2% rate also applies, going forward, to unpaid consumer debt judgments entered earlier.
Can a judgment be renewed in New York?
A money judgment is presumed paid after 20 years from when it could first be enforced. Its lien on real estate lasts 10 years; the creditor can bring an action for a renewal judgment in the year before the 10 years run out.
How much of my pay can be taken in New York?
An income execution can take no more than 10% of your gross income, and never more than 25% of weekly disposable earnings or the amount above 30 times the higher of the federal or New York minimum wage, whichever is less (nothing if you earn at or below that amount). No wage garnishment at all on a medical debt judgment won by a hospital or health care provider.
What is a bank levy in New York?
The creditor serves a restraining notice and execution on your bank. An amount equal to 240 times the higher of the federal or New York minimum hourly wage cannot be restrained, and directly deposited exempt payments such as Social Security in the last 45 days have extra protection.
What is the deadline to claim an exemption in New York?
The bank must mail you an Exemption Notice and two Exemption Claim Forms. Check the type of exempt money (for example Social Security, SSI, unemployment, pension, child support, or wages earned in the last 60 days — 90% exempt), sign, and mail or deliver one form to the creditor or its lawyer and one to the bank within 20 days of the postmark on the envelope. Attach proof such as an award letter or two months of bank statements. If you send proof, the creditor's lawyer must release the money within 7 days. If the creditor does not go to court to object within 8 days, the bank must release the money 8 days after the postmark on the envelope you used to mail the claim form to the bank (or 8 days after you hand-delivered it). Missing the 20 days does not waive your exemption rights. You do not need a lawyer to make a claim.
Related New York pages
Sources
- CPLR 5222-a
- CPLR 5004(a)-(b); CPLR 211(b); CPLR 5014
- CPLR 308 (personal service)
- CPLR 320 (time to appear)
- CPLR 3016(j) (consumer credit pleading)
- CPLR 3215 (default judgment)
- CPLR 5015 (relief from judgment)
- CPLR 317 (defense after non-personal service)
- CPLR 211 (20 years on judgments)
- CPLR 5014 (renewal judgment)
- CPLR 1101 (motion to waive costs and fees)
- N.Y. City Civil Court Act § 202 (jurisdiction)
- N.Y. City Civil Court Act § 402 (time to answer)
- N.Y. City Civil Court Act § 1911 (fees)
- Uniform City Court Act § 202
- Uniform District Court Act § 202
- Uniform Justice Court Act § 202
- N.Y. CPLR 214-i (consumer credit statute of limitations)
Last checked: Oct 24, 2026.