NY CPLR § 5231 (2021)
2021 New York Laws CVP - Civil Practice Law and Rules Article 52 - Enforcement of Money Judgments 5231 - Income Execution.

§ 5231. Income execution. (a) Form. An income execution shall specify, in  addition to the requirements of subdivision (a) of section 5230, the name and address of the person or entity from whom the  judgment  debtor is  receiving  or will receive money; the amount of money, the frequency of its payment and the  amount  of  the  installments  to  be  collected therefrom;  and shall contain a notice to the judgment debtor that he or she shall commence payment of the installments specified to the  sheriff forthwith  and  that,  upon  his  or  her default, the execution will be served upon the person or entity from whom he or  she  is  receiving  or will receive money.  (b)  Issuance.  Where  a  judgment debtor is receiving or will receive money from any source, an income execution for installments therefrom of not more than ten percent thereof may be issued  and  delivered  to  the sheriff of the county in which the judgment debtor resides or, where the judgment  debtor  is a non-resident, the county in which he is employed; provided, however, that  (i)  no  amount  shall  be  withheld  from  the judgment  debtor's earnings pursuant to an income execution for any week unless the disposable earnings of the  judgment  debtor  for  that  week exceed  the  greater  of  thirty  times  the federal minimum hourly wage prescribed in the Fair Labor Standards Act of 1938 or thirty  times  the state minimum hourly wage prescribed in section six hundred fifty-two of the  labor  law  as in effect at the time the earnings are payable; (ii) the amount withheld from the judgment debtor's earnings pursuant  to  an income  execution  for  any week shall not exceed twenty-five percent of the disposable earnings of the judgment debtor for that  week,  or,  the amount  by which the disposable earnings of the judgment debtor for that week exceed the greater of thirty times the federal minimum hourly  wage prescribed  by  the Fair Labor Standards Act of 1938 or thirty times the state minimum hourly wage prescribed in section six hundred fifty-two of the labor law as in  effect  at  the  time  the  earnings  are  payable, whichever is less; (iii) if the earnings of the judgment debtor are also subject  to  deductions  for  alimony, support or maintenance for family members or former spouses pursuant to section five thousand two  hundred forty-one  or  section  five  thousand  two  hundred  forty-two  of this article,  the  amount  withheld  from  the  judgment  debtor's  earnings pursuant   to  this  section  shall  not  exceed  the  amount  by  which twenty-five percent of the disposable earnings of  the  judgment  debtor for  that  week  exceeds  the amount deducted from the judgment debtor's earnings in accordance with section five thousand two hundred  forty-one or  section five thousand two hundred forty-two of this article. Nothing in this section shall be  construed  to  modify,  abrogate,  impair,  or affect any exemption from the satisfaction of a money judgment otherwise granted by law.  (c) Definition of earnings and disposable earnings. (i) As used herein earnings  means  compensation  paid  or  payable  for personal services, whether denominated as wages, salary, commission, bonus,  or  otherwise, and  includes  periodic  payments  pursuant  to  a pension or retirement program.  (ii) As used  herein  disposable  earnings  means  that  part  of  the earnings  of  any  individual  remaining  after the deduction from those earnings of any amounts required by law to be withheld.  (d) Service upon debtor; first service by sheriff. Within twenty  days after an income execution is delivered to the sheriff, the sheriff shall serve  a  copy  of  it upon the judgment debtor, in the same manner as a summons or, in lieu thereof, by certified mail return receipt  requested provided  an  additional  copy is sent by regular mail to the debtor. If service is by mail as herein  provided,  the  person  effecting  service  shall  retain  the  receipt  together  with a post office certificate of mailing as proof of such service.  (e)  Levy  upon  default or failure to serve debtor; second service by sheriff. If a judgment debtor fails to pay installments pursuant  to  an income  execution served upon him or her for a period of twenty days, or if the sheriff is unable to serve an income execution upon the  judgment debtor  within  twenty  days  after  the  execution  is delivered to the sheriff, the sheriff shall levy upon the money that the judgment  debtor is  receiving or will receive by serving a copy of the income execution, indorsed  to  indicate  the  extent  to  which  paid  installments  have satisfied the judgment, upon the person or entity from whom the judgment debtor is receiving or will receive money. The income execution shall be served  personally  within any county in which the person or entity from whom the judgment debtor is receiving  or  will  receive  money  has  an office  or  place  of  business  in  the same manner as a summons, or by certified mail return receipt requested, except that such service  shall not  be  made  by  delivery to a person authorized to receive service of summons solely by a designation filed pursuant to  a  provision  of  law other than rule 318.  (f)  Withholding  of  installments.  A  person  served  with an income execution shall withhold from  money  then  or  thereafter  due  to  the judgment  debtor  installments  as provided therein and pay them over to the sheriff. If such person shall  fail  to  so  pay  the  sheriff,  the judgment  creditor  may  commence  a  proceeding against him for accrued installments. If the money due to the judgment debtor consists of salary or wages and his employment is terminated by resignation or dismissal at any time after service of the execution, the levy  shall  thereafter  be ineffective,  and  the execution shall be returned, unless the debtor is reinstated or re-employed within ninety days after such termination.  (g) Statement on income execution. Any income execution  delivered  to the sheriff on or after the effective date of this act shall contain the following statement:    THIS  INCOME EXECUTION DIRECTS THE WITHHOLDING OF UP TO TEN PERCENT OF THE JUDGMENT DEBTOR'S GROSS INCOME. IN CERTAIN CASES, HOWEVER, STATE  OR FEDERAL LAW DOES NOT PERMIT THE WITHHOLDING OF THAT MUCH OF THE JUDGMENT DEBTOR'S GROSS INCOME. THE JUDGMENT DEBTOR IS REFERRED TO NEW YORK CIVIL PRACTICE LAW AND RULES § 5231 AND 15 UNITED STATES CODE § 1671 ET SEQ.  I. LIMITATIONS ON THE AMOUNT THAT CAN BE WITHHELD.    A. AN INCOME EXECUTION FOR INSTALLMENTS FROM A JUDGMENT DEBTOR'S GROSS INCOME  CANNOT  EXCEED  TEN PERCENT (10%) OF THE JUDGMENT DEBTOR'S GROSS INCOME.   B. IF A JUDGMENT DEBTOR'S WEEKLY DISPOSABLE  EARNINGS  ARE  LESS  THAN THIRTY  (30)  TIMES THE CURRENT FEDERAL MINIMUM WAGE (      , PER HOUR), OR (         ), NO DEDUCTION CAN BE  MADE  FROM  THE  JUDGMENT  DEBTOR'S EARNINGS UNDER THIS INCOME EXECUTION.   C.  A  JUDGMENT  DEBTOR'S WEEKLY DISPOSABLE EARNINGS CANNOT BE REDUCED BELOW THE AMOUNT ARRIVED AT BY MULTIPLYING THIRTY (30) TIMES THE CURRENT FEDERAL MINIMUM WAGE (      , PER HOUR), OR (      ), UNDER THIS  INCOME EXECUTION.   D.  IF  DEDUCTIONS  ARE  BEING  MADE FROM A JUDGMENT DEBTOR'S EARNINGS UNDER ANY ORDERS FOR ALIMONY, SUPPORT OR MAINTENANCE FOR FAMILY  MEMBERS OR  FORMER  SPOUSES,  AND  THOSE  DEDUCTIONS EQUAL OR EXCEED TWENTY-FIVE PERCENT (25%) OF THE JUDGMENT DEBTOR'S DISPOSABLE EARNINGS, NO DEDUCTION CAN BE MADE FROM  THE  JUDGMENT  DEBTOR'S  EARNINGS  UNDER  THIS  INCOME EXECUTION.    E.  IF  DEDUCTIONS  ARE  BEING  MADE FROM A JUDGMENT DEBTOR'S EARNINGS UNDER ANY ORDERS FOR ALIMONY, SUPPORT OR MAINTENANCE FOR FAMILY  MEMBERS OR  FORMER  SPOUSES,  AND  THOSE  DEDUCTIONS  ARE  LESS THAN TWENTY-FIVE PERCENT (25%) OF THE JUDGMENT DEBTOR'S DISPOSABLE  EARNINGS,  DEDUCTIONS MAY  BE  MADE  FROM  THE  JUDGMENT  DEBTOR'S  EARNINGS UNDER THIS INCOME EXECUTION.  HOWEVER, THE AMOUNT ARRIVED AT BY ADDING THE DEDUCTIONS FROM EARNINGS MADE UNDER THIS EXECUTION TO THE DEDUCTIONS MADE FROM  EARNINGS UNDER  ANY ORDERS FOR ALIMONY, SUPPORT OR MAINTENANCE FOR FAMILY MEMBERS OR FORMER  SPOUSES  CANNOT  EXCEED  TWENTY-FIVE  PERCENT  (25%)  OF  THE JUDGMENT DEBTOR'S DISPOSABLE EARNINGS.    NOTE: NOTHING IN THIS NOTICE LIMITS THE PROPORTION OR AMOUNT WHICH MAY BE  DEDUCTED  UNDER  ANY  ORDER  FOR ALIMONY, SUPPORT OR MAINTENANCE FOR FAMILY MEMBERS OR FORMER SPOUSES.  II. EXPLANATION OF LIMITATIONS  DEFINITIONS: DISPOSABLE EARNINGS   DISPOSABLE EARNINGS ARE THAT PART OF  AN  INDIVIDUAL'S  EARNINGS  LEFT AFTER  DEDUCTING  THOSE  AMOUNTS THAT ARE REQUIRED BY LAW TO BE WITHHELD (FOR EXAMPLE, TAXES, SOCIAL SECURITY, AND  UNEMPLOYMENT  INSURANCE,  BUT NOT DEDUCTIONS FOR UNION DUES, INSURANCE PLANS, ETC.). GROSS INCOME   GROSS  INCOME  IS SALARY, WAGES OR OTHER INCOME, INCLUDING ANY AND ALL OVERTIME EARNINGS, COMMISSIONS,  AND  INCOME  FROM  TRUSTS,  BEFORE  ANY DEDUCTIONS ARE MADE FROM SUCH INCOME.  ILLUSTRATIONS REGARDING EARNINGS:                                         AMOUNT TO PAY OR DEDUCT FROM                                           EARNINGS UNDER THIS INCOME IF DISPOSABLE EARNINGS IS:                EXECUTION IS:  (a)  30 TIMES FEDERAL MINIMUM           NO PAYMENT OR DEDUCTION ALLOWED      WAGE (      ) OR LESS  (b)  MORE THAN 30 TIMES FEDERAL         THE LESSER OF: THE EXCESS OVER      MINIMUM WAGE (      ) AND            30 TIMES THE FEDERAL MINIMUM      LESS THAN 40 TIMES FEDERAL           WAGE (      ) IN DISPOSABLE      MINIMUM WAGE (      )                EARNINGS, or 10% OF GROSS                                           EARNINGS  (c)  40 TIMES THE FEDERAL               THE LESSER OF: 25% OF DISPOSABLE      MINIMUM WAGE (      ) OR MORE        EARNINGS OR 10% OF GROSS                                           EARNINGS.  III. NOTICE:  YOU MAY BE ABLE TO CHALLENGE THIS INCOME EXECUTION THROUGH      THE PROCEDURES PROVIDED IN CPLR § 5231 (i) AND CPLR § 5240   IF YOU THINK THAT THE AMOUNT OF YOUR INCOME BEING DEDUCTED UNDER  THIS INCOME  EXECUTION  EXCEEDS THE AMOUNT PERMITTED BY STATE OR FEDERAL LAW, YOU SHOULD ACT PROMPTLY  BECAUSE  THE  MONEY  WILL  BE  APPLIED  TO  THE JUDGMENT.  IF  YOU  CLAIM  THAT THE AMOUNT OF YOUR INCOME BEING DEDUCTED UNDER THIS INCOME EXECUTION EXCEEDS THE AMOUNT  PERMITTED  BY  STATE  OR FEDERAL  LAW,  YOU  SHOULD  CONTACT YOUR EMPLOYER OR OTHER PERSON PAYING YOUR INCOME. FURTHER, YOU MAY CONSULT AN ATTORNEY, INCLUDING  LEGAL  AID IF YOU QUALIFY. NEW YORK STATE LAW PROVIDES TWO PROCEDURES THROUGH WHICH AN INCOME EXECUTION CAN BE CHALLENGED:  CPLR § 5231(i) MODIFICATION. AT ANY TIME, THE JUDGMENT DEBTOR MAY MAKE A MOTION TO A COURT FOR AN ORDER MODIFYING AN INCOME EXECUTION. CPLR   §   5240   MODIFICATION   OR  PROTECTIVE  ORDER:  SUPERVISION  OF ENFORCEMENT. AT ANY TIME, THE JUDGMENT DEBTOR MAY MAKE  A  MOTION  TO  A COURT   FOR   AN  ORDER  DENYING,  LIMITING,  CONDITIONING,  REGULATING, EXTENDING  OR  MODIFYING  THE  USE  OF  ANY  POST-JUDGMENT   ENFORCEMENT PROCEDURE, INCLUDING THE USE OF INCOME EXECUTIONS.  (h) Levy upon money payable by municipal corporation or the state. The levy  of  an  income execution served upon a municipal or public benefit corporation, or board of education,  shall  be  effective  fifteen  days after  such  service.  Such  an  execution  shall  specify  the title or position of the judgment debtor and the bureau,  office,  department  or subdivision  in which he is employed and the municipal or public benefit corporation, or board of education, shall be entitled to a  fee  of  two dollars  upon  being  served.  A  levy  upon money payable directly by a department of the state, or by an institution  under  its  jurisdiction, shall  be  made  by  serving  the  income execution upon the head of the department, or upon a person designated by him, at  the  office  of  the department  in Albany; a levy upon money payable directly upon the state comptroller's warrant, or directly by a state board, commission, body or agency which is not within any department of the state, shall be made by serving the income execution upon the  state  department  of  audit  and control  at  its office in Albany. Service at the office of a department of the state in Albany may be made by  the  sheriff  of  any  county  by registered or certified mail, return receipt requested.  (i)  Modification.  At any time, the judgment creditor or the judgment debtor may move, upon such notice as the court may direct, for an  order modifying an income execution.  (j)  Priority;  delivery  to  another  sheriff.  Two  or  more  income executions issued against the same judgment debtor, specifying the  same person  or  entity  from whom the money is received and delivered to the same or different enforcement officers shall be satisfied  out  of  that money  in  the order in which the executions are delivered to an officer authorized to levy in the county, town  or  city  in  which  the  debtor resides  or,  in  any county in which the person or entity from whom the judgment debtor is receiving or will receive  money  has  an  office  or place  of  business, or where the judgment debtor is a non-resident, the county, town or city in which he  or  she  is  employed.  If  an  income execution  delivered to a sheriff is returned unsatisfied in whole or in part because the sheriff to whom it was  delivered  is  unable  to  find within  the county the person or entity from whom the judgment debtor is receiving or will receive money, the execution may be delivered  to  the sheriff  of  any  county in which such person or entity has an office or place of business. The priority of an income execution  delivered  to  a sheriff  within  twenty  days  after its return by each previous sheriff shall be determined by the time of delivery to the first sheriff.  (k) Accounting by sheriff. It shall be the duty of the sheriff to whom such income execution shall be delivered, from time to time and at least once every ninety days from the time a levy shall be made thereunder, to account for and pay over to  the  person  entitled  thereto  all  monies collected  thereon, less his lawful fees and expenses for collecting the same.