New York Asset Exemptions: A Creditor’s Guide
New York’s exemption rules, built on the Civil Practice Law and Rules (the CPLR), let a judgment debtor shield part of what they own from collection. The most distinctive piece is a homestead exemption that changes by county, with far higher protection in New York City and the downstate counties than upstate. For a creditor, the practical question is not what is protected but what is left: non-exempt equity, accounts above the protected floor, entity-held property, and assets the debtor never disclosed. This guide explains how New York exemptions work, where reachable value tends to sit, and how a lawful asset search separates the two so your attorney can act on facts.
The Short Version
New York exemptions protect a slice of a debtor’s property, not all of it. Under CPLR 5206, the homestead exemption is county-tiered: $204,825 of home equity in the New York City counties plus Nassau, Suffolk, Rockland, Westchester, and Putnam; $170,700 in six counties the statute names one by one; and $102,400 in every remaining county. Those amounts took effect on April 1, 2024. They are not printed in CPLR 5206 at all: CPLR 5253 directs the Superintendent of Financial Services to recalculate them every three years and publish them, and the next adjustment is scheduled for April 1, 2027. CPLR 5205 protects a defined list of personal property and most wages, and a small wildcard is available to debtors who do not claim the homestead. Whether any exemption applies to a particular asset is a legal question for your attorney and the court, not for us. What we do is find everything the debtor owns in New York and beyond, so counsel can see which assets are non-exempt and worth pursuing. The decision is theirs; the facts are ours.
Watch: New York Exemptions for Creditors
What the CPLR shields, and where recovery actually lives.
Watch Overview
Exemptions Set the Boundary, Not the Outcome
The CPLR draws a line; the value sits on the other side of it.
When a New York creditor wins a money judgment, enforcement does not reach everything the debtor owns. The state’s exemption statutes carve out property a debtor gets to keep, and in New York those protections are spread across the Civil Practice Law and Rules and the Debtor and Creditor Law. The homestead exemption lives in CPLR 5206, the personal-property and wage protections in CPLR 5205, and exemptions for certain insurance and retirement assets in related provisions. Together they form the boundary line of what a sheriff, marshal, or restraining notice can actually capture.
The mistake creditors make is treating that boundary as the end of the analysis. In practice it is the start of it. A debtor with a $204,825 homestead exemption in a Brooklyn brownstone worth 1.8 million dollars still holds well over a million dollars of non-exempt equity. A protected list of personal property says nothing about a brokerage account, a second property in another state, or an interest in an LLC. The exemptions describe what is off-limits; they are silent on the often substantial value that remains. Our job is to map that remaining value so your attorney can decide what to pursue, and how.
New York’s County-Tiered Homestead
The single most distinctive feature of New York exemption law.
| Tier | Counties Covered | Homestead From April 1, 2024 | What It Means for Creditors |
|---|---|---|---|
| Downstate / NYC | Kings, Queens, New York, Bronx, Richmond, plus Nassau, Suffolk, Rockland, Westchester, Putnam | $204,825 | Highest protection, but applied to the priciest real estate in the state, so large non-exempt equity is common. |
| Middle Band | Dutchess, Albany, Columbia, Orange, Saratoga, and Ulster. The statute names these six and no others, so this band is a closed list, not an example. | $170,700 | Mid-range shield against rising suburban and Hudson Valley home values. |
| Remaining Counties | The remaining counties of the state, in the statute’s own words. Every county not named above sits here. | $102,400 | Lowest protection; modest home values can still leave meaningful equity exposed. |
| What we add | All 62 New York counties, plus out-of-state property | Verified ownership & equity | We confirm where the debtor actually owns, the county tier in play, and the equity above it. |
The figures above apply per debtor, so a married couple may stack two homestead claims on jointly owned property. Because the protection is keyed to the county where the property sits, the same statute shields very different amounts depending on location, a quirk almost no other state shares.
Where those numbers come from matters as much as the numbers themselves, and this is where most published guidance goes wrong. CPLR 5206 does not contain them. Read the section and it still recites its originally enacted amounts of $150,000, $125,000 and $75,000, and it carries no inflation or adjustment clause of any kind. The indexing lives one section away, in CPLR 5253, which since April 1, 2012 has required the amounts in CPLR 5205 and 5206 to be adjusted “at each three-year interval” by the Superintendent of Financial Services, using the consumer price index for all urban consumers and rounding each adjusted amount to the nearest twenty-five dollars. The Superintendent must publish the current amount “together with the date of the next scheduled adjustment,” and that published schedule from the Department of Financial Services, not the text of CPLR 5206, is the operative source. The figures in the table above are the April 1, 2024 column. The next column lands on April 1, 2027, and on that date every homestead amount on this page changes. Anyone quoting the section text instead of the schedule is quoting history.
For a creditor who already has an enforcement step in motion, there is a carve-out worth knowing and almost nobody prints it. The Department’s notice states that the 2024 amounts are effective on April 1, 2024 and “shall not apply with respect to restraining notices served or executions effected before that date.” So the column that governs is fixed by when your restraint or execution went out, not by when the debtor claims the exemption: a restraining notice served in 2023 is measured against the older, lower figures. The strategic takeaway is plain: high-value downstate real estate is frequently the largest pool of non-exempt value in a New York judgment, precisely because the exemption is capped while the equity above it is not. Confirming the parcel, the recorded liens, and the true equity is exactly the kind of fact your attorney needs before deciding whether a judgment lien or forced sale is worth the effort.
Personal Property, Wages, and the Wildcard
What CPLR 5205 shields, and where it stops.
Outside the home, CPLR 5205 lists the personal property a New York debtor may keep. It includes household furniture, appliances, clothing, a wedding ring, a watch up to a capped value, a motor vehicle up to a capped amount of equity (higher if the vehicle is equipped for a disabled debtor), tools of the trade, and a stated cash exemption. These caps are specific and modest; equity in a vehicle above the cap, a second car, collectibles, or high-value personal property fall outside the protection. New York also offers a limited wildcard exemption to debtors who do not claim the homestead, letting them shield a small amount of cash or other personal property instead, which means a renter with no home equity is not without some protection but also has little room to hide significant cash.
Wages get strong protection in New York. Under CPLR 5231(b) an income execution reaches “not more than ten percent” of gross income, and it is separately capped at 25 percent of that week’s disposable earnings, or the amount by which disposable earnings exceed thirty times the greater of the federal or the New York State minimum hourly wage, whichever is less. That second limb is worth reading carefully: because New York’s minimum wage sits well above the federal one, it is the state figure that sets the floor in practice, and a paycheck below it cannot be touched at all. CPLR 5205(d)(2) approaches the same result from the other side, exempting “ninety per cent of the earnings of the judgment debtor for his personal services.” The practical effect is that roughly 90 percent of a typical paycheck is shielded, so wage garnishment alone is rarely a fast path to recovery on a large New York judgment. That makes one-time assets, bank balances above the protected minimum, and property equity the more productive targets. The specifics of how an income execution is calculated and served are governed by statute and are a matter for your attorney, as detailed in our overview of New York wage garnishment laws.
The bank-account floor is two floors, not one, and they are routinely conflated. The general one is CPLR 5222(i): a restraining notice does not reach an amount equal to or less than the greater of 240 times the federal minimum hourly wage or 240 times the New York State minimum hourly wage, and where the account holds no more than 90 percent of that sum the notice is void outright and the account is not restrained at all. That figure is pegged to the minimum wage and rises with it, which is why the statute directs the reader to the labor department websites rather than printing a dollar amount. The second floor is narrower and is the one that appears on the Superintendent’s published schedule: under CPLR 5205(l) and CPLR 5222(h), where payments reasonably identifiable as statutorily exempt were deposited electronically or by direct deposit in the forty-five days before the restraining notice was served, $3,425 in the account is exempt, and an account holding no more than that cannot be restrained. That $3,425 rides the same three-year CPLR 5253 cycle as the homestead: it rose from $3,000 on April 1, 2024 and moves again on April 1, 2027. A creditor who assumes one number covers both cases will either over-restrain an exempt account or leave reachable funds alone.
Where Recovery Actually Lives
The non-exempt categories worth a creditor’s attention.
Equity Above the Homestead
On high-value NYC and downstate property, equity over the county cap is non-exempt and often the largest single pool of value.
Bank & Brokerage Accounts
Balances above the CPLR 5222(i) minimum-wage floor, and above the $3,425 protected under CPLR 5205(l) where exempt payments were direct-deposited, are reachable by restraining notice, as are brokerage accounts.
Second & Investment Real Estate
A rental, vacation home, or out-of-state property gets no New York homestead and is fully exposed to a judgment lien.
Entity-Held Assets
Property titled to an LLC or corporation the debtor controls, plus the membership interest itself, can be reachable.
Unlisted & Undisclosed
Assets the debtor never mentioned in an exam, transferred to relatives, or holds in another name surface through research.
Excess Vehicle & Luxury Property
Equity in a car above the cap, a second vehicle, and high-value personal items fall outside CPLR 5205 protection.
From Judgment to a Clear Asset Map
How we turn a name into a researched picture of reachable property.
Send the Judgment Details
The debtor’s name, last known address, any prior business names, and the judgment details give us a starting point.
We Locate & Confirm
We confirm the current debtor, place of residence and work, and rule out same-name confusion before researching anything.
We Research Assets
Real property by county, recorded liens, business filings, vehicles, and account indicators are pulled from public and licensed sources.
Your Attorney Acts
You receive a documented asset report. Your counsel decides what is non-exempt and pursues liens, levies, or restraining notices.
How an Asset Search Tells Exempt From Reachable
The exemption analysis is legal; the facts behind it are investigative.
An exemption claim is only as good as the facts it rests on, and that is where research changes the picture. Knowing a debtor “owns a house in Queens” is not actionable; knowing the exact parcel, the recorded mortgage balance, the senior liens, and the resulting equity above the $204,825 downstate homestead is. The same logic applies to accounts: a creditor cannot serve a restraining notice on an institution it cannot identify, so locating where the debtor banks is the prerequisite to reaching a debtor’s bank account at all. Real property follows the same pattern, which is why pinpointing and valuing a judgment debtor’s real estate is so often the difference between a paper judgment and a collected one.
This is also where debtors get caught overstating protection. Some claim a homestead on a property they no longer own, or on one held by an entity. Others quietly retitle assets to a spouse or relative once a judgment looms, a transfer your attorney may be able to challenge if the facts support it. We do not make those legal calls. We surface the underlying record, the deed, the filing, the corporate registration, the timeline, so counsel can test whether an exemption truly applies or whether an asset that looks protected is in fact reachable. The work pairs naturally with our guidance on collecting a judgment in New York and on turning findings into action through levying a debtor’s assets. Everything we do runs through lawful skip tracing under FCRA, GLBA, and DPPA permissible-purpose rules.
Who This Guide Serves
We research the assets; your attorney and the court do the rest.
New York Collection Counsel
Equity above the county homestead mapped
CPLR Judgment Holders
Property located before the restraining notice
Downstate Collection Firms
NY debtor assets researched lawfully
Mortgage & Equity Lenders
Senior liens and true equity confirmed
Housing Court Landlords
Tenant judgment assets located
Small-Business Creditors
Unpaid invoices backed by real facts
Whatever the matter, the wall is the same: an exemption you cannot test and an asset you cannot find are both just guesses. We confirm the New York debtor, research the real property, accounts, vehicles, and business interests in their name, and hand your attorney a documented picture of what exists. Whether a given asset is exempt under the CPLR is a legal determination for counsel and the court; locating and verifying the facts is ours. For a legitimate post-judgment matter, an initial debtor confirmation typically comes back within 24 hours, with the full asset report following shortly after.
Our Commitment
We find what a New York debtor actually owns, real property by county, accounts, vehicles, and business interests, so your attorney can see what sits beyond the CPLR exemptions and act on it. Lawful, documented asset research for creditors and their counsel since 2004. It is worth saying what that research is not. We are not a consumer reporting agency, and a New York asset file is not a consumer report, so it cannot lawfully decide whether the debtor gets a lease, a job, a loan, or a policy. We do not pretext and we do not impersonate anyone to obtain a record: nobody here poses as the debtor, as a bank, or as a county clerk’s office to open a door that lawful process would not open. Requests that read as an attempt to reach a person through domestic violence, stalking, or harassment rather than through a judgment get more scrutiny at intake, not less, and we decline them.
Frequently Asked Questions
What is New York’s homestead exemption amount?
Under CPLR 5206 it is county-tiered, and the operative amounts took effect on April 1, 2024: $204,825 of home equity in the New York City counties plus Nassau, Suffolk, Rockland, Westchester, and Putnam; $170,700 in Dutchess, Albany, Columbia, Orange, Saratoga, and Ulster, which is a closed list of six; and $102,400 in the remaining counties of the state. CPLR 5206 itself does not print these numbers. CPLR 5253 requires the Superintendent of Financial Services to recalculate and publish them every three years, and the next adjustment is April 1, 2027. The 2024 amounts also do not apply with respect to restraining notices served or executions effected before that date. Whether the exemption applies to a specific property is a legal question for your attorney.
Why does the New York homestead change by county?
New York keys the homestead exemption to the county where the property sits, recognizing that home values differ sharply between New York City, the downstate suburbs, and upstate. It is an unusual structure; most states set one statewide figure. For creditors it means the exact protection, and the equity above it, depends on the parcel’s location.
Do you decide which of a debtor’s assets are exempt?
No. Whether an asset qualifies for a CPLR exemption is a legal determination for your attorney and ultimately the court. Our role is factual: we locate and verify what the debtor owns so counsel can apply the exemption rules to real, documented assets rather than guesswork.
How much of a debtor’s wages can a creditor reach in New York?
New York protects wages strongly. Under CPLR 5231(b) an income execution reaches no more than 10 percent of gross income, and is separately capped at 25 percent of disposable earnings or the amount by which disposable earnings exceed thirty times the greater of the federal or the New York State minimum hourly wage, whichever is less. Because New York’s minimum wage is well above the federal one, the state figure sets the floor in practice, and earnings below it are fully protected. Roughly 90 percent of a typical paycheck is shielded, which is why one-time assets and property equity are often the more productive targets.
What property stays reachable for New York creditors?
Common non-exempt targets include home equity above the county homestead cap, second and investment real estate, bank and brokerage balances above the protected minimum, vehicle equity above the CPLR 5205 cap, and assets held in an LLC or corporation the debtor controls. The bank minimum is two separate floors: CPLR 5222(i) shields the greater of 240 times the federal or the New York State minimum hourly wage, and CPLR 5205(l) separately protects $3,425 where statutorily exempt payments were direct-deposited in the forty-five days before the restraint. Identifying and valuing what sits above them is what an asset search delivers.
Can a debtor shield assets by moving them into an LLC?
Sometimes property is legitimately held by an entity, but a transfer made to dodge a known judgment may be challengeable by your attorney if the facts support it. We surface the corporate filings, deeds, and timeline; whether a transfer can be unwound is a legal call for counsel and the court.
Is locating a debtor’s assets in New York legal?
Yes, when done lawfully and for a permissible purpose. We work public records and licensed databases under FCRA, GLBA, and DPPA permissible-purpose rules. We are a skip-tracing and public-records research firm, and we provide facts, not legal advice or any collection guarantee.
How fast can you research a New York debtor’s assets?
For a legitimate post-judgment matter, a first read typically comes back within 24 hours, with the full asset report following shortly after. Send the debtor’s name, last known address, any business names, and the judgment details, and we confirm identity before researching real property, accounts, vehicles, and business interests.
Know What’s Reachable Beyond the Exemptions
New York’s CPLR exemptions protect part of what a debtor owns; we find the rest, non-exempt equity, accounts, and entity-held property, so your attorney can act on facts. Contact us to get started.
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