{"jurisdiction": "us-ny", "code": "cplr", "section": "5253", "citation": "CPLR § 5253", "heading": "Cost of living adjustment for personal and real property exempt from application to the satisfaction of money judgments and exemptions in...", "text": ["§ 5253. Cost of living adjustment for personal and real property exempt from application to the satisfaction of money judgments and exemptions in bankruptcy. (a) Beginning on April first, two thousand twelve, and at each three-year interval ending on April first thereafter, the dollar amount of the exemption provided in sections fifty-two hundred five and fifty-two hundred six of this article and sections two hundred eighty-two and two hundred eighty-three of the debtor and creditor law shall be adjusted as provided in subdivision (b) of this section.", "(b) The superintendent of financial services shall determine the amount of the adjustment based on the change in the consumer price index for all urban consumers, New York-Northern New Jersey-Long Island, NY-NJ-CT-PA, published by the U.S. department of labor, bureau of labor statistics, for the most recent three-year period ending on December thirty-first preceding the adjustment, with each adjusted amount rounded to the nearest twenty-five dollars.", "(c) Beginning on April first, two thousand twelve, and at each three-year interval ending on April first thereafter, the superintendent of financial services shall publish the current dollar amount of the applicable exemption provided in this article, together with the date of the next scheduled adjustment. The publication shall be substantially in the form set forth below:", "\"Current dollar amount of exemption from application to the satisfaction of money judgments under New York civil practice law and rules sections 5205 and 5206 and exemptions in bankruptcy under debtor and creditor law sections 282 and 283:", "The following is the current dollar amount of exemptions from the satisfaction of money judgments under civil practice law and rules sections 5205 and 5206 and under debtor and creditor law sections 282 and 283:", "(amount)", "This amount is effective on April 1, (year) and shall not apply to cases commenced before April 1, (year). The next adjustment is scheduled for April 1, (year). Such adjustments shall not apply with respect to restraining notices served or executions effected before the date of the adjustment. Nothing in this section limits the judgment debtor's exemption rights in this section or under any other law.\""], "official_source": "https://www.nysenate.gov/legislation/laws/CVP/5253", "from_official_api": true, "plain_english": "The § 5205 and § 5206 (and Debtor & Creditor Law §§ 282, 283 bankruptcy) exemption dollar amounts are **CPI-adjusted every 3 years** (from April 1, 2012), rounded to the nearest **$25**, and published by the Superintendent of Financial Services. Adjustments don't apply to cases commenced before the effective date.\n\n---\n\n**★ Exam hits:**\n- **Restraining notice:** issued by the **clerk, creditor's attorney, or SCU**; **can't** hit the employer for wages; **no more than 2 per year** on a person's bank account; **leave of court** for a second notice; disobedience = **contempt**; notice to debtor within **4 days**.\n- **Bank exemptions:** **$2,500** auto-exempt for exempt payments direct-deposited in the last **45 days**; ~**$1,716/$1,740** (240× min wage) floor; exemption-claim procedure = **20 days** to claim, bank releases **8 days** after postmark, creditor releases with proof in **7 days**, bad-faith penalty **up to $1,000**.\n- **Homestead:** **$150,000 / $125,000 / $75,000** by county tier; real-property judgment lien lasts **10 years** from filing the judgment-roll.\n- **Income execution:** ordinary garnishment = **10%** of income / **25%** of disposable earnings cap; sheriff serves debtor within **20 days**, levies on employer after a **20-day** default; **90-day** re-employment rule.\n- **Support garnishment caps:** **50%/55%** (supporting another) or **60%/65%** (not); **default = 3 missed payments or 1 month's arrears**; mistake of fact in **15 days**, decided in **45 days**.\n- **Deadlines to memorize:** execution returned in **60 days**; personal-property levy void after **90 days**; no proceeds distributed until **15 days** after service; real-property sale on the **56th–63rd day** after first publication; after debtor's death, need **Surrogate's** leave, lien lives **2 years after death or 10 years after judgment-roll, whichever is later**; immunity needs **24 hours' notice to the DA**.\n- Receiver commission **≤ 5%**; § 5240 lets the court **modify/limit any enforcement procedure**; you **can't enforce against the State**.\n\n\n---\n*Verbatim statute:* [[CPLR - Article 52]]", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/cplr/5253", "publisher": "Elyphived LLC"}