Civil Court Rules and Jury Charges

Kenneth Vercammen & Associates, P.C.
2053 Woodbridge Avenue - Edison, NJ 08817

Tuesday, August 25, 2009

Appendix XI-J - Wage Execution

APPENDIX XI-J. WAGE EXECUTION

SUPERIOR COURT OF NEW JERSEY
LAW DIVISION, SPECIAL CIVIL PART ORDER, CERTIFICATION AND
_________ County EXECUTION AGAINST EARNINGS
PURSUANT TO 15 U.S.C. 1673
and N.J.S.A. 2A:17-56
Street Address of Court
Town, NJ ZIP Docket No. _______
Tel. No. of Court

Plaintiff

vs.

Designated Defendant
(Address)

Name and Address of Employer Ordered to Make Deductions

The employer is ordered to deduct from the earnings which the designated defendant receives and to pay over
to the court officer named below, the lesser of the following: (a) 10% of the gross weekly pay; or (b) 25% of
disposable earnings for that week; or (c) the amount, if any, by which the designated defendant's disposable weekly
earnings exceed $217.50 [$196.50] per week, until the total amount due has been deducted or the complete termination
of employment. Upon either of these events, an immediate accounting is to be made to the court officer. Disposable
earnings are defined as that portion of the earnings remaining after the deduction from gross earnings of any amounts
required by law to be withheld. In the event the disposable earnings so defined are $217.50 [$196.50] or less, no
amount shall be withheld under this execution. In no event shall more than 10% of gross salary be withheld.

The employer shall immediately give the designated defendant a copy of this order. The designated
defendant may object to the wage execution or apply for a reduction in the amount withheld at any time. To object
or apply for a reduction, a written statement of the objection or reasons for a reduction must be filed with the Clerk
of the Court and a copy must be sent to the creditor’s attorney or directly to the creditor if there is no attorney. A
hearing will be held within 7 days after filing the objection or application for a reduction. According to law, no
employer may terminate an employee because of a garnishment.

Judgment Date ....................____ Date___________________________
Judgment Amount ........... $ ____
Costs and Atty. Fees ....... $ ____
Subsequent Costs .............$ ____ ________________________________
Total ........................... .....$ ____ Judge
Credits, if any .................. $ ____
Subtotal A ....................... $ ____
Interest ............................ $ ____
Execution cost and
Mileage ............................$ ____
Costs of Application ....... $ ____ Make payments at least monthly to
Subtotal B ..................... ..$ ____ Court Officer as set forth:
Court Officer Fee (10%).. $ ____ ____________________________________
Total due this date ........... $ ____ Court Officer

I CERTIFY that the foregoing state-
ments made by me are true. I am
aware that if any of the foregoing
statements made by me are willfully I RETURN this execution to the Court
false, I am subject to punishment. ( ) Unsatisfied
Date: ______________________________ ( ) Satisfied ( ) Partly Satisfied
Amount Collected ...................$ ____
By:________________________________ Fee Deducted ..........................$ ____
(Typed name of signator) Amount Due to Atty ...............$ ____
Firm Name: _________________________ Date: __________________________
Address: ____________________________ __________________________
Court Officer




HOW TO CALCULATE PROPER GARNISHMENT AMOUNT

(1) Gross Salary per pay period ............................................................... _______
(2) Less:
Amounts Required by Law to be Withheld:
(a) U.S. Income Tax .................................................... _______
(b) FICA (social security) ............................................ _______
(c) State Income Tax, ETT, etc..................................... _______
(d) N.J. SUI .................................................................. _______
(e) Other State or Municipal Withholding.................... _______
(f) TOTAL ................................................................... _______ - _______
(3) Equals "disposable earnings" ................................................ = _______
(4) If salary is paid:
-- weekly, then subtract $217.50 [$196.50]
-- every two weeks, then subtract $435.00 [$393.25]
-- twice per month, then subtract $471.25 [$425.75]
-- monthly, then subtract $942.50 [$851.50]
(Federal law prohibits any garnishment when "disposable
earnings" are smaller than the amount on line 4) ................... - _______
(5) Equals the amount potentially subject to garnishment (if less
than zero, enter zero) ............................................................. = _______
(6) Take "disposable earnings" (Line 3) and multiply by .25:
$_______ x .25 = $_______ ..................................................... _______
(7) Take the gross salary (Line 1) and multiply by .10:
$_______ x .10 = $_______ ..................................................... _______
(8) Compare lines 5, 6, and 7--the amount which may lawfully be
deducted is the smallest amount on line 5, line 6, or line 7, i.e.,
................................................................................................... _______

Source: 15 U.S.C. 1671 et seq.; 29 C.F.R. 870; N.J.S.A. 2A:17- 50 et seq.


[Note: Former Appendix XI-I adopted effective January 2, 1989; amended June 29, 1990, effective
September 4, 1990; amended July 14, 1992, effective September 1, 1992; redesignated as Appendix XI-J
and amended July 13, 1994, effective September 1, 1994; amended September 27, 1996, effective
October 1, 1996; amended July 30, 1997, effective September 1, 1997; amended July 28, 2004 to be
effective September 1, 2004; amended July 3, 2007, to be effective July 24, 2007; amended July 2, 2008,
to be effective July 24, 2008; amended July 9, 2009 to be effective July 24, 2009.]