When someone wins a judgment in New York, they often feel relieved. After all the stress of going to court, it seems like victory should mean the money will finally be paid. But in reality, collecting on a judgment is a separate process. One of the most common and effective ways to collect a judgment is through wage garnishment.
Wage garnishment allows a creditor to take a portion of the debtor’s paycheck until the judgment is paid off. For many creditors, it can be one of the most reliable tools for recovering what they are owed. But the process can be confusing, and there are rules in New York that make it different from other states. This guide breaks down how wage garnishment works, what limits apply, and how an experienced law firm like Warner & Scheuerman can help make the process smoother and more effective.
What Is Wage Garnishment?
Wage garnishment is a legal process where part of a debtor’s paycheck is taken before they receive it. The employer sends this money directly to the creditor or a marshal until the debt is paid.
In New York, wage garnishment is also called an income execution. It allows creditors to collect money slowly over time, making it useful when a debtor has a steady job but refuses to pay voluntarily.
How Wage Garnishment Begins
Before garnishment can start, several steps must happen:
- A judgment must be entered.
A creditor must first win their case in court. The judgment states how much the debtor legally owes. - An enforcement officer gets involved.
In New York, either a county sheriff or a city marshal handles wage garnishment. Creditors cannot contact the employer directly. - The debtor gets a notice.
The enforcement officer first gives the debtor a chance to pay voluntarily. They have about 20 days to make arrangements. - If they don’t pay, garnishment begins.
The enforcement officer then delivers the income execution to the debtor’s employer, and the employer must start withholding money.
These steps must be followed exactly. Any mistakes can delay the process, which is why many creditors work with law firms like Warner & Scheuerman, who know how to move things forward correctly and quickly.
How Much Can Be Garnished?
New York law limits how much of someone’s paycheck can be taken. This protects people from losing too much of their income.
The rule is simple:
- A creditor can take up to 10% of the debtor’s gross wages,
OR - They can take the amount of the debtor’s income that goes over 30 times the minimum wage,
Whichever amount is less.
This means the more someone earns, the more that can be garnished—within limits. But if someone earns very little, wage garnishment may not be possible at all.
Income That Cannot Be Garnished
Not all income can be taken. New York protects certain types of earnings, including:
- Social Security benefits
- Disability payments
- Unemployment benefits
- Public assistance
- Worker’s compensation
- Certain pensions
If the debtor’s only income comes from these protected categories, wage garnishment cannot be used. Creditors may need to try other collection methods, such as bank restraints or property liens.
What Employers Must Do
Once an employer receives an income execution, they must follow it. They cannot ignore it, delay it, or refuse to honor it. Employers must:
- Withhold the required portion of the employee’s paycheck
- Send the money to the enforcement officer
- Continue doing so until the judgment is satisfied
Employers cannot punish or fire an employee just because their wages are being garnished. Doing so would violate New York law.
How Long Wage Garnishment Lasts
Wage garnishment continues until:
- The full judgment is paid
- The debtor makes a lump-sum settlement
- The creditor releases the garnishment
- The debtor leaves the job
If the debtor changes employers, creditors must start the process again with the new employer. This can slow things down, especially if the debtor frequently changes jobs.
Why Wage Garnishment Works
Wage garnishment is effective because:
- It is consistent
- It does not rely on the debtor’s cooperation
- It works even when the debtor refuses to communicate
- It continues until the judgment is paid off
For judgment creditors in New York, it is often one of the best ways to recover money from someone who can pay but won’t do so voluntarily.
How Warner & Scheuerman Can Help
The wage garnishment process may sound straightforward, but it requires careful attention to legal steps, strict timelines, and precise paperwork. Any mistake can delay collection or even stop the process entirely.
This is where Warner & Scheuerman can make a major difference. Their team understands judgment enforcement, knows how New York laws work, and can take the right steps to move garnishment forward successfully. They can also explore other collection tools if wage garnishment alone isn’t enough.
Final Thoughts
Wage garnishment is one of the strongest tools available for judgment collection in New York. While the rules can be complicated, the process is highly effective when handled correctly. With the support of experienced attorneys like Warner & Scheuerman, creditors have a far better chance of turning a legal judgment into real, collected money.