N.Y. CVP Law § 5205 — New York Code / Act CVP / Article 52 / Section 5205
Personal property exempt from application to the satisfaction of money judgments
Status: in_force

§ 5205. Personal property exempt from application to the satisfaction\nof money judgments.  (a) Exemption for personal property. The following\npersonal property when owned by any person is exempt from application to\nthe satisfaction of a money judgment except where the judgment is for\nthe purchase price of the exempt property or was recovered by a\ndomestic, laboring person or mechanic for work performed by that person\nin such capacity:\n  1. all stoves and home heating equipment kept for use in the judgment\ndebtor's dwelling house and necessary fuel therefor for one hundred\ntwenty days; one sewing machine with its appurtenances;\n  2. religious texts, family pictures and portraits, and school books\nused by the judgment debtor or in the family; and other books, not\nexceeding five hundred dollars in value, kept and used as part of the\nfamily or judgment debtor's library;\n  3. a seat or pew occupied by the judgment debtor or the family in a\nplace of public worship;\n  4. domestic animals with the necessary food for those animals for one\nhundred twenty days, provided that the total value of such animals and\nfood does not exceed one thousand dollars; all necessary food actually\nprovided for the use of the judgment debtor or his family for one\nhundred twenty days;\n  5. all wearing apparel, household furniture, one mechanical, gas or\nelectric refrigerator, one radio receiver, one television set, one\ncomputer and associated equipment, one cellphone, crockery, tableware\nand cooking utensils necessary for the judgment debtor and the family;\nall prescribed health aids;\n  6. a wedding ring; a watch, jewelry and art not exceeding one thousand\ndollars in value;\n  7. tools of trade, necessary working tools and implements, including\nthose of a mechanic, farm machinery, team, professional instruments,\nfurniture and library, not exceeding three thousand dollars in value,\ntogether with the necessary food for the team for one hundred twenty\ndays, provided, however, that the articles specified in this paragraph\nare necessary to the carrying on of the judgment debtor's profession or\ncalling;\n  8. one motor vehicle not exceeding four thousand dollars in value\nabove liens and encumbrances of the debtor; if such vehicle has been\nequipped for use by a disabled debtor, then ten thousand dollars in\nvalue above liens and encumbrances of the debtor; provided, however,\nthat this exemption for one motor vehicle shall not apply if the debt\nenforced is for child support, spousal support, maintenance, alimony or\nequitable distribution, or if the state of New York or any of its\nagencies or any municipal corporation is the judgment creditor; and\n  9. if no homestead exemption is claimed, then one thousand dollars in\npersonal property, bank account or cash.\n  (b) Exemption of cause of action and damages for taking or injuring\nexempt personal property. A cause of action, to recover damages for\ntaking or injuring personal property exempt from application to the\nsatisfaction of a money judgment, is exempt from application to the\nsatisfaction of a money judgment. A money judgment and its proceeds\narising out of such a cause of action is exempt, for one year after the\ncollection thereof, from application to the satisfaction of a money\njudgment.\n  (c) Trust exemption. 1. Except as provided in paragraphs four and five\nof this subdivision, all property while held in trust for a judgment\ndebtor, where the trust has been created by, or the fund so held in\ntrust has proceeded from, a person other than the judgment debtor, is\nexempt from application to the satisfaction of a money judgment.\n  2. For purposes of this subdivision, all trusts, custodial accounts,\nannuities, insurance contracts, monies, assets or interests established\nas part of, and all payments from, either any trust or plan, which is\nqualified as an individual retirement account under section four hundred\neight or section four hundred eight A of the United States Internal\nRevenue Code of 1986, as amended, a Keogh (HR-10), retirement or other\nplan established by a corporation, which is qualified under section 401\nof the United States Internal Revenue Code of 1986, as amended, or\ncreated as a result of rollovers from such plans pursuant to sections\n402 (a) (5), 403 (a) (4), 408 (d) (3) or 408A of the Internal Revenue\nCode of 1986, as amended, or a plan that satisfies the requirements of\nsection 457 of the Internal Revenue Code of 1986, as amended, shall be\nconsidered a trust which has been created by or which has proceeded from\na person other than the judgment debtor, even though such judgment\ndebtor is (i) in the case of an individual retirement account plan, an\nindividual who is the settlor of and depositor to such account plan, or\n(ii) a self-employed individual, or (iii) a partner of the entity\nsponsoring the Keogh (HR-10) plan, or (iv) a shareholder of the\ncorporation sponsoring the retirement or other plan or (v) a participant\nin a section 457 plan.\n  3. All trusts, custodial accounts, annuities, insurance contracts,\nmonies, assets, or interests described in paragraph two of this\nsubdivision shall be conclusively presumed to be spendthrift trusts\nunder this section and the common law of the state of New York for all\npurposes, including, but not limited to, all cases arising under or\nrelated to a case arising under sections one hundred one to thirteen\nhundred thirty of title eleven of the United States Bankruptcy Code, as\namended.\n  4. This subdivision shall not impair any rights an individual has\nunder a qualified domestic relations order as that term is defined in\nsection 414(p) of the United States Internal Revenue Code of 1986, as\namended or under any order of support, alimony or maintenance of any\ncourt of competent jurisdiction to enforce arrears/past due support\nwhether or not such arrears/past due support have been reduced to a\nmoney judgment.\n  5. Additions to an asset described in paragraph two of this\nsubdivision shall not be exempt from application to the satisfaction of\na money judgment if (i) made after the date that is ninety days before\nthe interposition of the claim on which such judgment was entered, or\n(ii) deemed to be voidable transactions under article ten of the debtor\nand creditor law.\n  (d) Income exemptions. The following personal property is exempt from\napplication to the satisfaction of a money judgment, except such part as\na court determines to be unnecessary for the reasonable requirements of\nthe judgment debtor and his dependents:\n  1. ninety per cent of the income or other payments from a trust the\nprincipal of which is exempt under subdivision (c); provided, however,\nthat with respect to any income or payments made from trusts, custodial\naccounts, annuities, insurance contracts, monies, assets or interest\nestablished as part of an individual retirement account plan or as part\nof a Keogh (HR-10), retirement or other plan described in paragraph two\nof subdivision (c) of this section, the exception in this subdivision\nfor such part as a court determines to be unnecessary for the reasonable\nrequirements of the judgment debtor and his dependents shall not apply,\nand the ninety percent exclusion of this paragraph shall become a one\nhundred percent exclusion;\n  2. ninety per cent of the earnings of the judgment debtor for his\npersonal services rendered within sixty days before, and at any time\nafter, an income execution is delivered to the sheriff or a motion is\nmade to secure the application of the judgment debtor's earnings to the\nsatisfaction of the judgment; and\n  3. payments pursuant to an award in a matrimonial action, for the\nsupport of a wife, where the wife is the judgment debtor, or for the\nsupport of a child, where the child is the judgment debtor; where the\naward was made by a court of the state, determination of the extent to\nwhich it is unnecessary shall be made by that court.\n  (e) Exemptions to members of armed forces. The pay and bounty of a\nnon-commissioned officer, musician or private in the armed forces of the\nUnited States or the state of New York; a land warrant, pension or other\nreward granted by the United States, or by a state, for services in the\narmed forces; a sword, horse, medal, emblem or device of any kind\npresented as a testimonial for services rendered in the armed forces of\nthe United States or a state; and the uniform, arms and equipments which\nwere used by a person in the service, are exempt from application to the\nsatisfaction of a money judgment; provided, however, that the provisions\nof this subdivision shall not apply to the satisfaction of any order or\nmoney judgment for the support of a person's child, spouse, or former\nspouse.\n  (f) Exemption for unpaid milk proceeds. Ninety per cent of any money\nor debt due or to become due to the judgment debtor for the sale of milk\nproduced on a farm operated by him and delivered for his account to a\nmilk dealer licensed pursuant to article twenty-one of the agriculture\nand markets law is exempt from application to the satisfaction of a\nmoney judgment.\n  (g) Security deposit exemption. Money deposited as security for the\nrental of real property to be used as the residence of the judgment\ndebtor or the judgment debtor's family; and money deposited as security\nwith a gas, electric, water, steam, telegraph or telephone corporation,\nor a municipality rendering equivalent utility services, for services to\njudgment debtor's residence or the residence of judgment debtor's\nfamily, are exempt from application to the satisfaction of a money\njudgment.\n  (h) The following personal property is exempt from application to the\nsatisfaction of money judgment, except such part as a court determines\nto be unnecessary for the reasonable requirements of the judgment debtor\nand his dependents:\n  1. any and all medical and dental accessions to the human body and all\npersonal property or equipment that is necessary or proper to maintain\nor assist in sustaining or maintaining one or more major life activities\nor is utilized to provide mobility for a person with a permanent\ndisability; and\n  2. any guide dog, service dog or hearing dog, as those terms are\ndefined in section one hundred eight of the agriculture and markets law,\nor any animal trained to aid or assist a person with a permanent\ndisability and actually being so used by such person, together with any\nand all food or feed for any such dog or other animal.\n  (i) Exemption for life insurance policies. The right of a judgment\ndebtor to accelerate payment of part or all of the death benefit or\nspecial surrender value under a life insurance policy, as authorized by\nparagraph one of subsection (a) of section one thousand one hundred\nthirteen of the insurance law, or to enter into a viatical settlement\npursuant to the provisions of article seventy-eight of the insurance\nlaw, is exempt from application to the satisfaction of a money judgment.\n  (j) Exemption for New York state college choice tuition savings\nprogram trust fund payment monies. Monies in an account created pursuant\nto article fourteen-A of the education law are exempt from application\nto the satisfaction of a money judgment as follows:\n  1. one hundred percent of monies in an account established in\nconnection with a scholarship program established pursuant to such\narticle is exempt;\n  2. one hundred percent of monies in an account is exempt where the\njudgment debtor is the account owner and designated beneficiary of such\naccount and is a minor; and\n  3. an amount not exceeding ten thousand dollars in an account, or in\nthe aggregate for more than one account, is exempt where the judgment\ndebtor is the account owner of such account or accounts.\n  For purposes of this subdivision, the terms "account owner" and\n"designated beneficiary" shall have the meanings ascribed to them in\narticle fourteen-A of the education law.\n  (k) Notwithstanding any other provision of law to the contrary, where\nthe judgment involves funds of a convicted person as defined in\nparagraph (c) of subdivision one of section six hundred thirty-two-a of\nthe executive law, and all or a portion of such funds represent\ncompensatory damages awarded by judgment to a convicted person in a\nseparate action, a judgment obtained pursuant to such section six\nhundred thirty-two-a shall not be subject to execution or enforcement\nagainst the first ten percent of the portion of such funds that\nrepresents compensatory damages in the convicted person's action;\nprovided, however, that this exemption from execution or enforcement\nshall not apply to judgments obtained by a convicted person prior to the\neffective date of the chapter of the laws of two thousand one which\nadded this sentence or to any amendment to such judgment where such\namendment was obtained on or after the effective date of this\nsubdivision. For the purpose of determining the amount of a judgment\nwhich is not subject to execution or enforcement pursuant to this\nsubdivision: (i) the court shall deduct attorney's fees from that\nportion of the judgment that represents compensatory damages and\nmultiply the remainder of compensatory damages by ten percent; and (ii)\nwhen the judgment includes compensatory and punitive damages, attorney's\nfees shall be pro rated among compensatory and punitive damages in the\nsame proportion that all attorney's fees bear to all damages recovered.\n  (l) Exemption of banking institution accounts into which statutorily\nexempt payments are made electronically or by direct deposit. 1. If\ndirect deposit or electronic payments reasonably identifiable as\nstatutorily exempt payments were made to the judgment debtor's account\nin any banking institution during the forty-five day period preceding\nthe date a restraining notice was served on the banking institution or\nan execution was served upon the banking institution by a marshal or\nsheriff, then two thousand five hundred dollars in the judgment debtor's\naccount is exempt from application to the satisfaction of a money\njudgment. Nothing in this subdivision shall be construed to limit a\ncreditor's rights under 42 U.S.C. § 659 or 38 U.S.C. § 5301 or to\nenforce a child support, spousal support, alimony or maintenance\nobligation. Nothing in this subdivision shall alter the exempt status of\nfunds that are protected from execution, levy, attachment, garnishment\nor other legal process, pursuant to this section or under any other\nprovision of state or federal law, or shall affect the right of a\njudgment debtor to claim such exemption.\n  2. For purposes of this article, "statutorily exempt payments" means\nany personal property exempt from application to the satisfaction of a\nmoney judgment under any provision of state or federal law. Such term\nshall include, but not be limited to, payments from any of the following\nsources: social security, including retirement, survivors' and\ndisability benefits, supplemental security income or child support\npayments; veterans administration benefits; public assistance; workers'\ncompensation; unemployment insurance; public or private pensions;\nrailroad retirement; black lung benefits; and emergency relief funds.\n  3. (i) Beginning on April first, two thousand twelve, and at each\nthree-year interval ending on April first thereafter, the dollar amount\nof the exemption provided in this section, subdivisions (e) and (h) of\nsection fifty-two hundred twenty-two, subdivision (a) of section\nfifty-two hundred thirty and subdivision (e) of section fifty-two\nhundred thirty-two of this article in effect immediately before that\ndate shall be adjusted as provided in subparagraph (ii) of this\nparagraph.\n  (ii) The superintendent of financial services shall determine the\namount of the adjustment based on the change in the Consumer Price Index\nfor All Urban Consumers, New York-Northern New Jersey-Long Island,\nNY-NJ-CT-PA, published by the U.S. Department of Labor, Bureau of Labor\nStatistics, for the most recent three-year period ending on December\nthirty-first preceding the adjustment, with each adjusted amount rounded\nto the nearest twenty-five dollars.\n  (iii) Beginning on April first, two thousand twelve, and at each\nthree-year interval ending on April first thereafter, the superintendent\nof financial services shall publish the current dollar amount of the\nexemption provided in this section, subdivisions (e) and (h) of section\nfifty-two hundred twenty-two, subdivision (a) of section fifty-two\nhundred thirty and subdivision (e) of section fifty-two hundred\nthirty-two of this chapter, together with the date of the next scheduled\nadjustment. The publication shall be substantially in the form set\nbelow:\n  CURRENT DOLLAR AMOUNT OF EXEMPTION FROM ENFORCEMENT OF JUDGMENT UNDER\nNEW YORK CIVIL PRACTICE LAW AND RULES Sections 5205(l), 5222(e),\n5222(h), 5230(a), and 5232(e)\n  The following is the current dollar amount of exemption from\nenforcement of money judgments under CPLR sections 5205(l), 5222(e),\n5222(h), 5230(a), and 5232(e), as required by CPLR section 5205(l)(3):\n  (Amount)\n  This amount is effective on April 1, (year) and shall not apply to\ncases commenced before April 1, (year). The next adjustment is scheduled\nfor April 1, (year).\n  (iv) Adjustments made under subparagraph (i) of this paragraph shall\nnot apply with respect to restraining notices served or executions\neffected before the date of the adjustment.\n  (m) Nothing in subdivision (l) of this section limits the judgment\ndebtor's exemption rights in this section or under any other law.\n  (n) Notwithstanding any other provision of law to the contrary, the\nterm "banking institution" when used in this article shall mean and\ninclude all banks, trust companies, savings banks, savings and loan\nassociations, credit unions, foreign banking corporations incorporated,\nchartered, organized or licensed under the laws of this state, foreign\nbanking corporations maintaining a branch in this state, and nationally\nchartered banks.\n  (o) The provisions of subdivisions (l), (m) and (n) of this section do\nnot apply when the state of New York, or any of its agencies or\nmunicipal corporations is the judgment creditor, or if the debt enforced\nis for child support, spousal support, maintenance or alimony, provided\nthat the restraining notice or execution contains a legend at the top\nthereof, above the caption, in sixteen point bold type with the\nfollowing language: "The judgment creditor is the state of New York, or\nany of its agencies or municipal corporations, AND/OR the debt enforced\nis for child support, spousal support, maintenance or alimony.".\n  (p) Exemption for emergency relief funds. Any payments to individuals,\nincluding tax refunds, recovery rebates, refundable tax credits, and any\nadvances of any tax credits, under the federal Families First\nCoronavirus Response Act (FFCRA), Coronavirus Aid, Relief, and Economic\nSecurity Act of 2020 (CARES Act), Consolidated Appropriations Act of\n2021, and American Rescue Plan Act of 2021 (ARPA) are exempt from\napplication to the satisfaction of a money judgment. This exemption\nshall not apply (i) if the debt enforced is for child support, spousal\nsupport, maintenance, alimony, a distributive award in a matrimonial\naction, or restitution in a family offense proceeding, or (ii) to that\nportion of any money judgment awarded on a claim that the emergency\nrelief funds referenced herein are the rightful property of the judgment\ncreditor.\n