Income Execution printable pdf download

INCOME EXECUTION

An income execution (also known as a garnishment) is another manner of

collecting a money judgment. When a money judgment is rendered in favor of

one party and the judgment debtor fails to pay voluntarily, the judgment creditor

may enforce his judgment with an income execution against a source of the

debtor's income. This manner of judgment collection in effect gives the judgment

debtor the choice of paying the Sheriff directly or having a portion of some

income (usually his salary) deducted and remitted to the Sheriff.

CONTENTS OF AN INCOME EXECUTION

Only an attorney for the judgment creditor as officer of the court or the clerk of

the court in the county where the judgment was rendered may issue an income

execution. A properly completed income execution will contain the following:

A. The name and address of the person from whom the judgment debtor is

receiving money;

B. The amount of money;

C. The frequency of its payment;

D. The amount of the installments to be collected; and

E. A notice to the defendant that if he does not commence paying

immediately, the person from whom he is receiving income will be served.

INCOME SUBJECT TO COLLECTION

An income execution is effective against the earnings of a judgment debtor

defined as: compensation paid or payable for personal services, including wages,

salary, commission, bonuses, and periodic payments of a pension or retirement

program, and disposable earnings, defined as that part of the earnings of any

individual remaining after the deduction from those earnings of any amount

required by law to be withheld.

CPLR §5205(d) provides that income from certain sources is exempt from

garnishment to satisfy a money judgment except as specifically ordered by a

court. Payments made to a judgment debtor from certain individual retirements

accounts (IRA), or part of a Keogh (HR10), retirement, or other qualified plan of

the kind specified in CPLR §5205(c)(2) are exempt.

An income execution may direct that installments from a judgment debtor's

income of not more than 10% of the income be withheld and paid to the Sheriff,

but no amount may be withheld for any week unless the judgment debtor's

disposable earnings for that week exceed thirty (30) times the federal minimum

hourly wage in effect at the time the earnings are payable.

Income Execution