County Trust Co. v. Duerr

This is a motion by defendants, judgment debtors, for an order pursuant to CPLR 5231 (subd. [g]) vacating or modifying an income execution signed by this court.

Section 5231 (subd. [b]) CPLR establishes a minimum amount of $30 per week which the judgment debtor must receive before an income execution of “ not more than ten percent ” can issue. The statute is silent as far as description of the nature of that minimum amount is concerned, but it would appear a reasonable interpretation that at the least the amount be the debtor’s net income or ‘ ‘ take-home pay ’ ’, that is, the amount the…