2023 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:  (i)  the  name  and address of the person or entity from whom the
judgment debtor is receiving or will receive money; (ii) the  amount  of
money,  the  frequency of its payment and the amount of the installments
to be collected therefrom; and (iii)  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. Provided, however,
that if a judgment creditor issues  an  amended  execution  pursuant  to
section  five  thousand  two  hundred thirty of this article because the
applicable interest rate changes pursuant to section five thousand  four
of  this  chapter, the income execution need only specify paragraphs (i)
and (ii) of this subdivision.
(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; and (iv)
no amount shall be imposed in judgments  arising  from  a  medical  debt
action  brought by a hospital licensed under article twenty-eight of the
public health law or a health care professional authorized  under  title
eight  of  the education law. 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. Provided, however, that if a judgment
creditor issues an amended execution pursuant to section  five  thousand
two  hundred thirty of this article because the applicable interest rate
changes pursuant to section five thousand  four  of  this  chapter,  the
sheriff  shall  serve  a  copy of the income execution within forty-five
days after an income execution is delivered to the sheriff.
(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  the  applicable
interest  rate  changes  pursuant  to section five thousand four of this
chapter while an execution is  ongoing,  the  issuance  of  the  amended
execution  pursuant  to section five thousand two hundred thirty of this
article shall retain the priority of the ongoing execution. 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. Provided, however, that if a judgment creditor issues  an  amended
execution  pursuant  to section five thousand two hundred thirty of this
article because the applicable interest rate changes pursuant to section
five thousand four of this chapter, any money collected in excess of the
judgment amount shall be promptly returned to the debtor.