CIVIL – SCP
Wage Execution
July 2009
HOW TO USE THIS ONLINE
You may fill in the information required in this packet on your screen,
save it to your local drive and print it out on your local printer OR you
may print out the packet and complete the forms by hand or typewriter.
The information you enter is NOT
submitted electronically.
Wage Execution
HOW TO ASK THE COURT TO ORDER A WAGE EXECUTION IN
A SPECIAL CIVIL PART CASE*
* This wage execution application is a written request which asks the court to issue an order
directing an employer to take money from the wages of a judgment-debtor who owes you
money.
WHO SHOULD USE THIS PACKET?
You may use this packet to apply to the court for a wage execution after a judgment has
been entered against the judgment-debtor. In general, wage executions are not effective
against judgment-debtors who are self-employed. (For someone who is self-employed, you
may wish to enforce your judgment from assets such as their bank accounts and personal
property.)
GENERAL REQUIREMENTS:
1. When you file an application for a wage execution, you must file the following
documents with the court:
1. Notice of Application for Wage Execution (Form A)
2. Certification in Support of Application for Wage Execution (Form B)
2. The Notice of Application for Wage Execution must be served either by certified mail
and regular mail or you may serve the judgment-debtor personally. A copy of the Notice,
the Certification and the proper fee must be filed with the court in the county where the
judgment was entered within 45 days after you serve the judgment-debtor.
3. A judgment-debtor is allowed 13 days from the date of mailing of the judgment-
creditor’s notice to object to the entry of a wage execution, but the period is 10 days if the
notice was served in person. A judgment-debtor can also object to the entry of a wage
execution after it has been issued. If the judgment-debtor files an objection with the
court, the Clerk of the Special Civil Part will schedule a hearing. If the order for a wage
execution is issued, the execution will be assigned to a Special Civil Part Court Officer
(“Court Officer”) for collection. The Court Officer will serve the order on the judgment-
debtor’s employer who will then be required to deduct the amount specified in the order
from the debtor’s wages. The judgment-debtor’s employer may elect to deduct a 5%
administrative fee for processing.
Revised 07/24/2009, CN 10548-English (How to Ask the Court to Order a Wage Execution in a Special Civil Part Case) Page 2 of 11
Wage Execution
4. There is a fee for filing a wage execution application. The amount of the fee can be
obtained from the Judiciary’s Internet site (www.njcourtsonline.com) or by calling the
Special Civil Part Clerk’s Office in the county where you filed your action. In addition to
the filing fee, there is a charge for mileage costs incurred by the Court Officer.
NOTE: These materials have been prepared by the New Jersey Administrative Office of the
Courts for use by self-represented litigants. The guides, instructions and forms will be
periodically updated as necessary to reflect current New Jersey statutes and court rules. The
most recent version of the forms will be available at the county courthouse or on the Judiciary’s
Internet site www.njcourtsonline.com. However, you are ultimately responsible for the content
of your court papers.
Completed forms are to be submitted to the Special Civil Part of the Superior Court in the
county where your judgment was entered. A list of Special Civil Part Offices is provided at
the customer counter and at www.njcourtsonline.com.
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Wage Execution
THINGS TO THINK ABOUT BEFORE YOU REPRESENT YOURSELF IN COURT
TRY TO GET A LAWYER
The court system can be confusing, and it
is a good idea to get a lawyer if you can. If
you cannot afford a lawyer, you may wish to
contact the legal services program in your
county to see if you qualify for free legal
services. Their telephone number can be
found in your local yellow pages under
Legal Aid or Legal Services.
If you do not qualify for free legal
services and need help in locating an
attorney, you can contact the bar association
in your county. Their telephone number can
also be found in your local yellow pages.
Most county bar associations have a lawyer
referral service. The lawyer referral service
can supply you with the names of attorneys
in your area who usually are willing to
handle your particular type of case. Such
attorneys are sometimes willing to consult
with people in your situation at a reduced
fee.
There are also a variety of organizations
of minority lawyers throughout New Jersey,
as well as organizations of lawyers who
handle specialized types of cases. Ask your
court staff for a list of lawyer referral
services that include these organizations.
WHAT YOU SHOULD EXPECT IF
YOU REPRESENT YOURSELF
While you have the right to represent
yourself in court, you should not expect any
special treatment, help, or attention from the
court. You must still comply with the rules
of the court, even if you are not familiar
with them. The following is a list of some
things the court staff can and cannot do for
you. Please read it carefully before asking
the court staff for help.
-We can explain and answer questions about
how the court works.
-We can tell you what the requirements are
to have your case considered by the court.
-We can give you some information from
your case file.
-We can provide you with samples of court
forms that are available.
-We can provide you with guidance on how
to fill out forms.
-We can usually answer questions about
court deadlines.
-We cannot give you legal advice. Only
your lawyer can give you legal advice.
-We cannot tell you whether or not you
should bring your case to court.
-We cannot give you an opinion about what
will happen if you bring your case to court.
- We cannot recommend a lawyer, but we
can provide you with the telephone number
of a local lawyer referral service.
-We cannot talk to the judge for you about
what will happen in your case.
-We cannot let you talk to the judge outside
of court.
-We cannot change an order issued by a
judge.
KEEP COPIES OF ALL PAPERS
Make and keep for yourself copies of all
completed forms and any canceled checks,
money orders, sales receipts, bills, contract
estimates, letters, leases, photographs and
other important documents that relate to
your case. Bring all documents to court if
you are notified that an appearance is
necessary.
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Wage Execution
DEFINITIONS OF WORDS THAT MAY BE USED IN THIS PACKET
Adversary: An adversary is a party whose interests are opposed to or opposite the interests of
another party.
Defendant: The defendant is the person (party) against whom the court action (complaint) was
filed.
Docket
Number: The number the court assigned to this case when the complaint was filed. The
docket number is listed on the complaint, answer and all pleadings relative to a
particular case.
Judgment: A judgment is the official decision of a court in a case.
Judgment-
Creditor: The judgment-creditor is the party to whom money is owed.
Judgment-
Debtor: The judgment-debtor is the party who owes money.
Motion: A motion is a written request in which you ask the court to issue an order or to
change an order it has already issued.
Oral
Argument: Personally appearing in court to explain what you want the court to do.
Party: A party is a person, business or governmental agency involved in a court action.
Plaintiff: The plaintiff is the person (party) who started the court action by filing the
complaint.
Return
Date: The return date is the date the plaintiff and defendant are ordered to appear in court.
Service: Mailing or delivering copies of your papers to the lawyer for the other party or to
the other party if there is no lawyer.
Wage
Execution: An order issued by a judge directing an employer to deduct money from a judgment-
debtor’s wages.
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Wage Execution
HOW TO FILE FOR A WAGE EXECUTION IN
THE SPECIAL CIVIL PART
The numbered steps listed below explain what forms
you will need to fill out and what to do with them.
Each form should be typed or clearly printed on 81⁄2” x
11” white paper only. Forms may not be filed on a
different size or color paper.
STEPS FOR FILING YOUR APPLICATION:
STEP 1: Fill out the Notice of Application for Wage
Execution (Form A).
The Notice of Application for Wage Execution tells the
debtor that you are seeking an order from the court to
deduct wages from the judgment-debtor’s salary to
satisfy the judgment.
STEP 2: Fill out the Certification of Service (Last
Paragraph of Form A).
The Certification of Service tells the court how you got
the papers to the other party or parties and the date on
which you did so.
STEP 3: Fill out the Certification in Support of
Application for Wage Execution (Form B).
The Certification in Support of Application for Wage
Execution tells the court the amount of the judgment,
the amount currently owed, the amount of interest and
the judgment-debtor’s employer’s name and address.
STEP 4: Check your completed forms.
Check your forms and make sure they are complete.
Remove all instruction sheets. Make sure you have
signed the forms where you are asked to sign them.
YOU MUST HAVE THE FOLLOWING ITEMS:
---Notice of Application for Wage Execution
---Certification in Support of Wage Execution
Make enough copies so that you will have at least one
complete set for yourself and two complete sets for the
judgment-debtor. If you choose to serve the judgment-
debtor by mail, you must send one complete set by
regular mail and one complete set by certified mail,
return receipt requested.
STEP 5: Mail or deliver your set of completed
forms to all other parties in the case and then to the
court. You can deliver or mail your original
application for wage execution to the court.
However, you must personally deliver or mail the
application to all other parties in the case by regular
mail and certified mail, return receipt requested. You
will receive a green receipt card that can serve as proof
that you mailed the Notice of Application for Wage
Execution to the judgment-debtor. Your local post
office can tell you how to send certified mail, return
receipt requested. A copy of the Notice, the
Certification and the proper fee must be filed with
the court in the county where the judgment was
entered within 45 days after you serve the
judgment-debtor.
STEP 6: Requesting oral argument.
Oral argument is only required when and if the
judgment-debtor files an objection to your application.
If no objection is received the court will not require
oral argument. However, the judgment-debtor has a
right to file an objection to the wage execution at any
time. Once an objection is filed with the Special Civil
Part Clerk’s Office, a hearing will be scheduled as
soon as possible.
STEP 7: Go to court if a hearing is scheduled.
The hearing notice will tell you where and when to go.
Bring all documentation to court if you are notified
that a hearing will be held.
Checklist:
Make sufficient copies of the forms so that you
will have two copies for the judgment-debtor (one for
regular mail and one for certified mail) and one copy
for yourself.
Mail or deliver all of the original documents to
the court (Form A & B). Note: Make certain that you
have signed all forms in all places which require your
signature.
Keep at least one copy of the completed
application packet for your own records.
Bring all documents to court if you are notified
that a court appearance is required.
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INSTRUCTIONS FOR COMPLETING NOTICE OF APPLICATION FOR WAGE EXECUTION
(Form A)
A. Type or print the plaintiff’s name, address and telephone number where Form A asks you to do so at
the top of the form. If you are the plaintiff (sometimes referred to as “judgment-creditor”), type or
print your name, current address and telephone number. If you are not the plaintiff, type or print the
name, current address and telephone number of the person who is the plaintiff.
B. Type or print the defendant’s name, current address and telephone number where Form A asks you to
do so. If you are the defendant (sometimes referred to as “judgment-debtor”), in the case, type or
print your name, current address and telephone number. If you are not the defendant, type or print the
name, current address and telephone number of the person who is the defendant.
C. Where Form A asks you to do so, type or print the name of the judgment-debtor on the line next to
the word “To:” and above the phrase “Name of Judgment-Debtor,” and then, type or print the current
address of the judgment-debtor.
D. Where Form A refers to “County,” type or print the name of the county where you are filing your
application.
E. Where Form A refers to “Docket No.,” type or print the docket number of your case. (You can get
this number from the Complaint or Answer you received in the case, or, if necessary, you can call the
court for this information.)
F. Type or print the employer’s address on the line in the first paragraph before the phrase “name and
address of employer.”
G. Type or print the judgment-debtor’s name on the line in the section named “Certification of Service”
following the words “judgment-debtor.”
H. Date and sign Form A where required.
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INSTRUCTIONS FOR COMPLETING CERTIFICATION IN SUPPORT OF APPLICATION
FOR WAGE EXECUTION
(Form B)
A. Type or print the plaintiff’s name, address and telephone number where Form B asks you to do so at
the top of the form. If you are the plaintiff in the case, type or print your name, current address and
telephone number. If you are not the plaintiff, type or print the name, current address and telephone
number of the person who is the plaintiff.
B. Type or print the defendant’s name, current address and telephone number where Form B asks you to
do so. If you are the defendant in the case, type or print your name, current address and telephone
number. If you are not the defendant, type or print the name, current address and telephone number
of the person who is the defendant.
C. Where Form B refers to “County,” type or print the name of the county where you are filing your
application.
D. Where Form B refers to “Docket No.,” fill in the docket number of your case. (You can get this
number from the Complaint or Answer you received in the case, or, if necessary, you can call the
court for this information.)
E. Next to the word “I” in Form B, type or print your name. In the same sentence, after the word “for,”
enter the amount of the judgment.
F. After the word “judgment,” enter the judgment amount minus any payments you may have received
on behalf of the judgment-debtor toward this debt.
G. Next to the phrase “plus interest of $,” type or print the amount of post-judgment interest due and
owing. The post-judgment interest rate is published in the Court Rules (see Publisher’s Note under
Rule 4:42-11) and on the Judiciary’s Internet site (www.njcourtsonline.com).
H. Complete paragraph 3 in Form B by listing the judgment-debtor’s employer’s name and address.
I. Date and sign Form B where it asks you to do so.
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FORM A
Plaintiff’s Name
Street Address
SUPERIOR COURT OF NEW JERSEY
LAW DIVISION
SPECIAL CIVIL PART
City, State, Zip Code
COUNTY
Telephone Number
DOCKET NO.
Vs
Defendant’s Name
Street Address
City, State, Zip Code
Telephone Number
CIVIL ACTION
NOTICE OF APPLICATION FOR
WAGE EXECUTION
To:_______________________________
Name of Judgment-Debtor
_________________________________
Address, City, State, Zip
TAKE NOTICE that an application is being made by the judgment-creditor to the above-
named court, located at__________________________, New Jersey for a Wage Execution Order to
issue against your salary, to be served on your employer, _____________________________ (name
and address of employer), for: (a) 10% of your gross salary when the same shall equal or exceed the
amount of $217.50 per week; or (b) 25% of your disposable earnings for that week; or (c) the
amount, if any, by which your disposable weekly earnings exceed $217.50, whichever shall be the
least. Disposable earnings are defined as that portion of the earnings remaining after the deduction
from the gross earnings of any amounts required by law to be withheld. In the event the disposable
earnings so defined are $217.50 or less, no amount shall be withheld under this execution. In no
event shall more than 10% of gross salary be withheld. Your employer may not discharge,
discipline or discriminate against you because your earnings have been subjected to garnishment.
You may notify the Clerk of the Court and the attorneys for the judgment- creditor, whose
address appears above, in writing, within ten days after service of this notice upon you, why such an
Order should not be issued, and thereafter the application for the Order will be set down for a
hearing of which you will receive notice of the date, time and place.
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FORM A
If you do not notify the Clerk of the Court and the judgment-creditor’s attorney, or the
judgment-creditor if there is no attorney, in writing of your objection, you will receive no further
notice and the Order will be signed by the Judge as a matter of course.
You also have a continuing right to object to the wage execution or apply for a reduction in
the amount withheld even after it has been issued by the Court. To object or apply for a reduction,
file a written statement of your objection or reasons for a reduction with the Clerk of the Court and
send a copy to the creditor’s attorney or directly to the creditor if there is no attorney. You will be
entitled to a hearing within 7 days after you file your objection or application for a reduction.
CERTIFICATION OF SERVICE
I served the within Notice upon the judgment-debtor __________________, on this date by
sending it simultaneously by regular and certified mail, return receipt requested, to the judgment-
debtor's last known address, set forth above. I certify that the foregoing statements made by me are
true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject
to the punishment.
Date: ______________________________
Attorney for Judgment-Creditor
or Judgment-Creditor Pro Se
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FORM B
Plaintiff’s Name
Street Address
SUPERIOR COURT OF NEW JERSEY
LAW DIVISION
SPECIAL CIVIL PART
City, State, Zip Code COUNTY
Telephone Number DOCKET NO.
Vs
Defendant’s Name
Street Address
City, State, Zip Code
Telephone Number
CERTIFICATION IN SUPPORT
OF APPLICATION FOR
WAGE EXECUTION
1. I, ___________________________the judgment-creditor, recovered judgment
against the judgment-debtor for $ .
2. There is still due on said judgment $ plus interest of $____________
making a total of $ , besides costs. The judgment-debtor is to
pay all court officer fees and post judgment interest.
3. The said judgment-debtor is employed by ,
, (list debtor’s employer’s name)
located at ___________________________________________________________
(list debtor’s employer’s address)
I certify that the foregoing statements made by me are true. I am aware that if any of
the foregoing statements made by me are willfully false, I am subject to punishment.
Dated: Signature: ___________________________
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