Execution on Wages. See R. 4:59-1(d).
If the creditor knows where the debtor works, an attempt can be made to garnish the debtor’s wages. Wage executions differ from executions on goods and chattels in that proceedings against the wages must be made on notice to the debtor. The notice of application for wage execution must be mailed to the debtor by certified and regular mail and filed with the court. It specifies the name of the employer and tells the judgment debtor that any objection must be made in writing within 10 days or the execution will be issued without further notice. It must also advise the defendant that an objection may be made at any time after the order is issued and specify the procedure for so doing. A supporting certification sets forth the date of the judgment and the total amount due, including post-judgment interest. If an objection is received a hearing will be scheduled. If no objection is received, the court will issue the order for wage execution. After the order is signed and the wage execution has been issued, the judgment debtor has a continuing right to object or apply for a reduction of the amount withheld. If such an objection or application is made, the wages collected will be held by the sheriff pending resolution of the matter. The order for wage execution shall include provisions directing the employer to immediately provide a copy of the order to the employee judgment-debtor and advising the employee judgment -debtor of their right at any time to notify the court, in writing, of reasons why the levy should be reduced or discontinued. See R. 4:59- 1(d).
Unlike other executions, the wage execution is a continuing levy or garnishment from the time served upon the employer until the amount specified in the order is paid or wages cease. Only one execution against wages may be satisfied at any one time. Priority is determined by the time of presentation to the employer. The amount of the garnishment is limited by federal and statelegislation. Note that wage executions for child support take priority over all others.
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES”
http://www.judiciary.state.nj.us/civil/PractitionersGuideManualAppendicesMay2007WebPostingVersion.pdf KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817 (Phone) 732-572-0500
(Fax) 732-572-0030 Personal Injury Dept.: 732-572-0024
website: www.njpersonalinjurylawcenter.com
