Income execution and bank accout levy

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mommygirlgc

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I received a notice from the Sheriffs Dept that my income is going to be garnished and my bank account levied. The language in the notice is as follows: "Pursuant to CPLR 5205(1), two thousand five hundred dollars of an account containing direct deposit or electronic payments reasonably identifiable as statutorily exempt payments, as defined in CPLR 5205 (1)(2), is exempt from execution and the garnishee cannot levy upon or restrain two thousand five hundred dollars in such account."

Does this mean they cannot levy an account to which my paycheck is directly deposited up to the amount of $2500.00? It would be catastrophic for me to have my paycheck deposited only to find I can't access the money. Should I discontinue my direct deposit? Help please!!
 
I believe you mean 5205(l), not (1).

You are correct, that is what the statute means. I would ask, though: does your account contains funds reasonably identifiable as staturily exempt payments, for instance Social Security payments? If not, that section is inapplicable. (Although a different, lower, exemption, may apply.)

http://www.banking.state.ny.us/il090120.htm
 
No, it's just where my paycheck is directly deposited and the account I use to pay all my bills. Will the account be safe? It's never anywhere near $2500.00.
 
According to that link, if the account does not contain government assistance type of payments, it is exempt up $1,716. Anything more than that is subject to garnishment.
 
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