Rules Regarding Wage Garnishment in New Jersey

When an individual accrues a lot of debt, creditors will seek compensation through the courts. Often, creditors will seek to garnish the debtor's wages. New Jersey's wage garnishment (also referred to as wage execution) laws provide that garnishment cannot exceed 10% of the debtor's gross salary. Additionally, no money can be withheld if the debtor's disposable weekly earnings are less than $154.50 per week or a total of $309.00.00 everytwo weeks.

Statute 2A:17-50. Order to issue wage execution; application; jurisdiction

2A:17-50. a. When a judgment has been recovered in the Superior Court, and where any wages, debts, earnings, salary, income from trust funds, or profits are due and owing to the judgment debtor, or thereafter become due and owing to him, to the amount of $48.00 or more a week, the judgment creditor may, on notice to the judgment debtor unless the court otherwise orders, apply to the court in which the judgment was recovered, or to the court having jurisdiction of the same, and upon satisfactory proofs, by affidavit or otherwise, of such facts, the court shall grant an order directing that an execution issue against the wages, debts, earnings, salary, income from trust funds, or profits of the judgment debtor.

Time Limits

New Jersey law limits the time that a debtor can collect depending on the type of debt sought. For open accounts (such as credit cards) and written contracts, the limit is six years. For domestic and foreign judgments (judgments rendered outside New Jersey), the time limit is 20 years.

Depending on the kind of debt for which the garnishment is sought, the creditor may be limited in the amount of time they have to collect. New Jersey differentiates between four different kinds of debts and limits the amount of time a creditor has to collect on them accordingly. The limits are six years for open accounts and written contracts and 20 years on domestic and foreign judgments.

Process

To garnish wages in New Jersey, a creditor must petition the court for a writ of execution. The writ ofexecutionis a legal order requiring the debtor's employer to pay the withheld monies directly to the court officer, bypassing the debtor. The court officer then pays the creditor. The writ must provide the amount of the total debt, any actual damages, any interest due, as well as the names of all parties and the creditor's basis for withholding (which is often a court judgment).

Talk to an Attorney

If you face possible wage garnishment in New Jersey, up to ten percent of your wages can be withheld if the courts grant a writ of wage execution. This means that youmoney will be directed to the courts and you will not have access to it. To avoid wage execution, discuss your case with an experienced attorney to determine what you must do.

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