New York Civil Practice Law and Rules Code § 5231

Income execution
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§ 5231. Income execution.  (a) Form. An income execution shall\nspecify, in addition to the requirements of subdivision (a) of section\n5230: (i) the name and address of the person or entity from whom the\njudgment debtor is receiving or will receive money; (ii) the amount of\nmoney, the frequency of its payment and the amount of the installments\nto be collected therefrom; and (iii) shall contain a notice to the\njudgment debtor that he or she shall commence payment of the\ninstallments specified to the sheriff forthwith and that, upon his or\nher default, the execution will be served upon the person or entity from\nwhom he or she is receiving or will receive money. Provided, however,\nthat if a judgment creditor issues an amended execution pursuant to\nsection five thousand two hundred thirty of this article because the\napplicable interest rate changes pursuant to section five thousand four\nof this chapter, the income execution need only specify paragraphs (i)\nand (ii) of this subdivision.\n  (b) Issuance. Where a judgment debtor is receiving or will receive\nmoney from any source, an income execution for installments therefrom of\nnot more than ten percent thereof may be issued and delivered to the\nsheriff of the county in which the judgment debtor resides or, where the\njudgment debtor is a non-resident, the county in which he is employed;\nprovided, however, that (i) no amount shall be withheld from the\njudgment debtor's earnings pursuant to an income execution for any week\nunless the disposable earnings of the judgment debtor for that week\nexceed the greater of thirty times the federal minimum hourly wage\nprescribed in the Fair Labor Standards Act of 1938 or thirty times the\nstate minimum hourly wage prescribed in section six hundred fifty-two of\nthe labor law as in effect at the time the earnings are payable; (ii)\nthe amount withheld from the judgment debtor's earnings pursuant to an\nincome execution for any week shall not exceed twenty-five percent of\nthe disposable earnings of the judgment debtor for that week, or, the\namount by which the disposable earnings of the judgment debtor for that\nweek exceed the greater of thirty times the federal minimum hourly wage\nprescribed by the Fair Labor Standards Act of 1938 or thirty times the\nstate minimum hourly wage prescribed in section six hundred fifty-two of\nthe labor law as in effect at the time the earnings are payable,\nwhichever is less; (iii) if the earnings of the judgment debtor are also\nsubject to deductions for alimony, support or maintenance for family\nmembers or former spouses pursuant to section five thousand two hundred\nforty-one or section five thousand two hundred forty-two of this\narticle, the amount withheld from the judgment debtor's earnings\npursuant to this section shall not exceed the amount by which\ntwenty-five percent of the disposable earnings of the judgment debtor\nfor that week exceeds the amount deducted from the judgment debtor's\nearnings in accordance with section five thousand two hundred forty-one\nor section five thousand two hundred forty-two of this article; and (iv)\nno amount shall be imposed in judgments arising from a medical debt\naction brought by a hospital licensed under article twenty-eight of the\npublic health law or a health care professional authorized under title\neight of the education law. Nothing in this section shall be construed\nto modify, abrogate, impair, or affect any exemption from the\nsatisfaction of a money judgment otherwise granted by law.\n  (c) Definition of earnings and disposable earnings. (i) As used herein\nearnings means compensation paid or payable for personal services,\nwhether denominated as wages, salary, commission, bonus, or otherwise,\nand includes periodic payments pursuant to a pension or retirement\nprogram.\n  (ii) As used herein disposable earnings means that part of the\nearnings of any individual remaining after the deduction from those\nearnings of any amounts requ

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