WAGE GARNISHMENT AND FROZEN BANK ACCOUNTS

As of January 2020, the minimum wage on Long Island is $13 per hour. With this in-crease, the amount of disposable income exempt from garnishment to pay a private debt is now $390 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 in-comes less than $390 per week are exempt from private debt collection. (30 hours x $13 (minimum wage) = $390 a week (after taxes). CPLR §5231. The frozen bank account exemption increased to $3,120 (240 x $13). 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 $390 per week.
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.

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Nassau Suffolk Law Services Committee, serving Long Island since 1966.
This website is designed for general information only.

The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

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