As of January 2022, the minimum wage on Long Island is $15 per hour. With this increase, the amount of disposable income exempt from garnishment to pay a private debt is now $450 per week. “Disposable income” means income after deductions required by law, such as taxes or Social Security. Other non-mandatory payroll deductions such as health insurance premiums still count towards disposable income. This means that clients with employment incomes less than $450 per week are exempt from private debt collection. (30 hours x $15 minimum wage) = $450 a week (after taxes). CPLR §5231. The frozen bank account exemption increased to $3600 (240 x $15). CPLR 5222 (i).For those with higher incomes, the limits on garnishment are as follows: The lesser of (1) 10% of gross income or (2) 25% of disposable income. However, disposable income cannot be reduced to less than $450 per week.
All direct deposited exempt income (e.g. social security benefits, veterans’ benefit, etc.) are always protected no matter the amount.
In addition, many types of income, including disability income and child support, remain exempt. Check LawHelpNY.org for more information about limits on debt collection.
Nassau Suffolk Law Services provides legal representation and advice to eligible Nassau and Suffolk residents experiencing consumer debt problems, especially in the matters of medical and credit card debt. Suffolk residents can call 631-232-2400. Nassau residents can call 516-292-8100.
All of our offices are now open to the public and accepting walk-ins.