Judgment against me for a debt in New York: what to do
Checked against official sources: Oct 25, 2026
In New York:
- Claim an exemption after a garnishment or bank levy
- The bank must mail you an Exemption Notice and two Exemption Claim Forms. Check the type of exempt money (for example Social Security, SSI, unemployment, pension, child support, or wages earned in…
- How much of your pay can be taken
- An income execution can take no more than 10% of your gross income, and never more than 25% of weekly disposable earnings or the amount above 30 times the higher of the federal or New York minimum…
- Do this now
- Get a copy of the judgment from the court clerk, and note the date, the amount, any interest and costs, and the creditor's lawyer.
A judgment is the court's decision that you owe the money. It doesn't take money by itself, but it lets the creditor ask the court to garnish wages, freeze a bank account or put a lien on your home, as your state allows.
More about this
Interest can keep adding up, and a judgment can last many years and often be renewed. State and federal law protect part of your pay and some money, but you often have to claim that protection in time.
General legal information, not legal advice. RobinClaim is not a law firm.
Build your plan
Choose your state and answer 3 quick questions. The plan below changes as you answer: steps that don't fit your answers are hidden, and your state's deadlines appear. Your answers stay in the page address.
Your plan for New York
Do now
Get a copy of the judgment from the court clerk, and note the date, the amount, any interest and costs, and the creditor's lawyer.
Why: These show how much you owe now and when each deadline starts.
If you didn't answer because you never got the papers or had a good reason, see the default judgment plan: there is a short deadline to ask the court to set it aside.
Why: If the judgment is set aside, the case reopens and you can defend it.
If you went to court and lost, ask the clerk right away about the deadline to appeal or to ask for a new trial.
Why: These deadlines are short and count from the date of the judgment.
If you agreed to the judgment, read the agreement again for the payment terms and what happens if a payment is late.
Why: A judgment, even an agreed one, is a court order the creditor can enforce under its terms.
Check your state's deadline to claim an exemption, and the deadline on the garnishment or levy notice, and mark it.
Claim an exemption after a garnishment or bank levy
New York: The bank must mail you an Exemption Notice and two Exemption Claim Forms. Check the type of exempt money (for example Social Security, SSI, unemployment, pension, child…
Why: If you miss it, money the law protects can be paid to the creditor.
Nothing extra here for your answers.
This week
Read your state's rules below on wage garnishment, bank levies and exemptions.
How much of your pay can be taken
New York: An income execution can take no more than 10% of your gross income, and never more than 25% of weekly disposable earnings or the amount above 30 times the higher of the…
Why: For an ordinary debt, federal law lets a creditor take at most 25% of your take-home pay, or the part above 30 times the federal minimum wage if that is less, and many states protect more.
File the claim of exemption with the court or officer named on the garnishment papers; see the wage garnishment plan.
Why: You can ask to keep pay you need to support yourself and your family.
File the claim of exemption for the money in the frozen account that the law protects; see the bank levy plan.
Why: Exempt money must be released, but often only after you claim it.
Tell your bank and the court that the account receives federal benefits. The bank must protect two months of directly deposited federal benefits automatically, and you can claim other protected benefit money.
Why: Federal rules make banks protect up to two months of directly deposited federal benefits, and Social Security can't be garnished by a private creditor.
If you can pay something, contact the creditor's lawyer about a payment plan or a lump-sum settlement, and get the agreement in writing before you pay.
Why: A written agreement can stop or avoid a garnishment and proves what you agreed to.
Nothing extra here for your answers.
If it's not resolved
Keep records of every payment and every amount taken, and ask for a written payoff amount.
Why: So you know when the judgment is paid and collection must stop.
Note how long the judgment lasts in your state and whether it can be renewed.
New York: A money judgment is presumed paid after 20 years from when it could first be enforced.
Why: A judgment may not go away on its own; creditors can often renew it.
When the judgment is paid in full, ask the creditor's lawyer for written proof and ask the clerk how the court records that the judgment is paid.
Why: The court record should show the debt is paid, so it doesn't come back later.
If you have several judgments or can't cover basic needs, ask legal aid about bankruptcy.
Why: A bankruptcy filing stops most garnishments and collection while the case is open.
Nothing extra here for your answers.
Deadlines
Claim an exemption after a garnishment or bank levy
General rule: see state; the deadline is also printed on the notice
In New York:
The bank must mail you an Exemption Notice and two Exemption Claim Forms. Check the type of exempt money (for example Social Security, SSI, unemployment, pension, child support, or wages earned in the last 60 days — 90% exempt), sign, and mail or deliver one form to the creditor or its lawyer and one to the bank within 20 days of the postmark on the envelope. Attach proof such as an award letter or two months of bank statements. If you send proof, the creditor's lawyer must release the money within 7 days. If the creditor does not go to court to object within 8 days, the bank must release the money 8 days after the postmark on the envelope you used to mail the claim form to the bank (or 8 days after you hand-delivered it). Missing the 20 days does not waive your exemption rights. You do not need a lawyer to make a claim.
Law: CPLR 5222-a · checked Oct 2026 · Official source · From Debt Suit Map: New York
How much of your pay can be taken
General rule: Federal: lesser of 25% of disposable earnings or the amount above 30 x federal minimum wage per week; state may protect more
In New York:
An income execution can take no more than 10% of your gross income, and never more than 25% of weekly disposable earnings or the amount above 30 times the higher of the federal or New York minimum wage, whichever is less (nothing if you earn at or below that amount). No wage garnishment at all on a medical debt judgment won by a hospital or health care provider (CPLR 5231(b)).
Law: CPLR 5222-a · checked Oct 2026 · Official source · From Debt Suit Map: New York
Freezing a bank account
General rule: see state; two months of directly deposited federal benefits are protected automatically
In New York:
The creditor serves a restraining notice and execution on your bank. An amount equal to 240 times the higher of the federal or New York minimum hourly wage cannot be restrained (CPLR 5222(i)), and directly deposited exempt payments such as Social Security in the last 45 days have extra protection (CPLR 5205(l)).
Law: CPLR 5222-a · checked Oct 2026 · Official source · From Debt Suit Map: New York
How long the judgment lasts
General rule: see state
In New York:
A money judgment is presumed paid after 20 years from when it could first be enforced. Its lien on real estate lasts 10 years; the creditor can bring an action for a renewal judgment in the year before the 10 years run out.
Law: CPLR 5004(a)-(b); CPLR 211(b); CPLR 5014 · checked Oct 2026 · Official source · From Debt Suit Map: New York
Interest on the judgment
General rule: see state
In New York:
2% a year on a judgment in a consumer debt case against a person (9% for other judgments). The 2% rate also applies, going forward, to unpaid consumer debt judgments entered earlier.
Law: CPLR 5004(a)-(b); CPLR 211(b); CPLR 5014 · checked Oct 2026 · Official source · From Debt Suit Map: New York
Key facts for New York
Debt Suit Map
- Time to answer a debt lawsuit
- as few as 20 days
- Shortest time to ask to cancel a default judgment
- 1 year
- Official answer form
- No official form found
- How long a judgment lasts
- 20 years
Debt Suit Map: New York · checked Oct 2026
Debt Collector Map
- Time limit to sue on a debt
- 3 years
- Wage garnishment limit
- Up to 10%
- State license for collectors
- No statewide license
Debt Collector Map: New York · checked Oct 2026
Documents to gather
- A copy of the judgment
- Garnishment or bank levy notices and any exemption claim form
- Recent pay stubs
- Bank statements showing federal benefit deposits
- Proof of household expenses (rent, utilities, child care)
- Records of every payment you made
Where to go
- LocalThe court that entered the judgment (clerk and self-help center)
To get the judgment, the exemption claim form and a fee waiver
Debt Suit Map: New York
- FederalU.S. Department of Labor, Wage and Hour Division
Your employer takes more than the federal limit or fires you over one garnishment
- FederalLegal aid (Legal Services Corporation finder)
You need free legal help and have low or moderate income
- FederalConsumer Financial Protection Bureau (CFPB) complaint
A collector, debt buyer, lender or bank breaks the rules or won't fix a problem
Costs
Filing a claim of exemption is often free; ask the clerk. While the judgment is unpaid, interest and collection costs can keep adding up, at the rate your state sets.
Talk to a lawyer if
- You never knew about the lawsuit
- More than the legal limit is being taken
- You can't pay for rent or food
- You have more than one judgment
- The creditor is trying to take your home or car
Free help
Free civil legal aid for people with low income: find your local program through the Legal Services Corporation (lsc.gov/about-lsc/what-legal-aid/get-legal-help) or LawHelp.org (lawhelp.org). Many legal aid offices handle debt collection lawsuits, default judgments, garnishment and bankruptcy. Servicemembers can use their base legal (JAG) office. Some courts have free volunteer-lawyer programs or self-help centers for debt cases; ask the clerk.
Guides for your state
Guides for every state
Questions
Claim an exemption after a garnishment or bank levy in New York: what is the rule?
The bank must mail you an Exemption Notice and two Exemption Claim Forms. Check the type of exempt money (for example Social Security, SSI, unemployment, pension, child support, or wages earned in the last 60 days — 90% exempt), sign, and mail or deliver one form to the creditor or its lawyer and one to the bank within 20 days of the postmark on the envelope. Attach proof such as an award letter or two months of bank statements. If you send proof, the creditor's lawyer must release the money within 7 days. If the creditor does not go to court to object within 8 days, the bank must release the money 8 days after the postmark on the envelope you used to mail the claim form to the bank (or 8 days after you hand-delivered it). Missing the 20 days does not waive your exemption rights. You do not need a lawyer to make a claim. (CPLR 5222-a)
How much of your pay can be taken in New York: what is the rule?
An income execution can take no more than 10% of your gross income, and never more than 25% of weekly disposable earnings or the amount above 30 times the higher of the federal or New York minimum wage, whichever is less (nothing if you earn at or below that amount). No wage garnishment at all on a medical debt judgment won by a hospital or health care provider (CPLR 5231(b)). (CPLR 5222-a)
Freezing a bank account in New York: what is the rule?
The creditor serves a restraining notice and execution on your bank. An amount equal to 240 times the higher of the federal or New York minimum hourly wage cannot be restrained (CPLR 5222(i)), and directly deposited exempt payments such as Social Security in the last 45 days have extra protection (CPLR 5205(l)). (CPLR 5222-a)
How long the judgment lasts in New York: what is the rule?
A money judgment is presumed paid after 20 years from when it could first be enforced. Its lien on real estate lasts 10 years; the creditor can bring an action for a renewal judgment in the year before the 10 years run out. (CPLR 5004(a)-(b); CPLR 211(b); CPLR 5014)
Interest on the judgment in New York: what is the rule?
2% a year on a judgment in a consumer debt case against a person (9% for other judgments). The 2% rate also applies, going forward, to unpaid consumer debt judgments entered earlier. (CPLR 5004(a)-(b); CPLR 211(b); CPLR 5014)
When should I talk to a lawyer?
You never knew about the lawsuit; More than the legal limit is being taken; You can't pay for rent or food; You have more than one judgment; The creditor is trying to take your home or car.
How much does it cost?
Filing a claim of exemption is often free; ask the clerk. While the judgment is unpaid, interest and collection costs can keep adding up, at the rate your state sets.
Plans by state
Open the plan with one state's rules filled in:
Sources
- CFPB: What is a judgment?
- CFPB: Can a debt collector take or garnish my wages or benefits?
- CFPB: Can a debt collector take my federal benefits, like Social Security or VA payments?
- 15 U.S.C. § 1673 (federal wage garnishment limit)
- 31 CFR part 212 (federal benefits in bank accounts)
- 42 U.S.C. § 407 (Social Security benefits protected from garnishment)
- CFPB: How do I negotiate a settlement with a debt collector?
- CFPB: Submit a complaint
- Legal Services Corporation: Get legal help
Plan checked Oct 2026. Independently fact-checked 2026-10-25.
This plan is general legal information, not legal advice. RobinClaim is not a law firm. Laws and deadlines change and have exceptions: check with the official source or a lawyer or legal aid office about your own case. How we research.