Wage Garnishments*

N.J.S.A. § 2A:17-50 allows execution (garnishment) of the "wages, debts, earnings, salary, income from trust funds, or profits of the judgment debtor." The amount to be deducted on a wage execution may not exceed 10% of the defendant's gross salary. Monies may not be withheld if disposable weekly earnings are less than $196.50 per week or $393.25 every 2 weeks. The proceedings are initiated by sending the judgment debtor a Notice of Application for wage execution by certified and ordinary mail. The Notice advises the defendant that the judgment creditor is seeking a wage execution order; that the defendant must file a written objection within ten (10) days; that if the defendant objects within ten days, the matter will be scheduled for hearing; and that if no objection is filed, no further notice will be given and an Order will be signed by the Judge as a matter of course.Once the wage execution is served upon the defendant's place of business by the court officer or sheriff it becomes a lien and continuing levy upon the defendant's wages, earnings, salary or profits due. Unlike some other jurisdictions, there is no need to "renew" the wage execution; it remains in effect until it is fully satisfied or the defendant leaves the place of business. Remittances are made by court officers and sheriffs on a regular basis.Only one wage execution may be satisfied at a time, and such executions are satisfied in the order of priority in which they are served.

As compensation for an employer' administrative expenses, the employer is entitled to retain 5% of the funds deducted under a wage execution. N.J.S.A. §2A:17-53. If the employer or other entity required to make payment fails or refuses to make the deductions/payments required by the execution, the employer may be sued by the judgment creditor. N.J.S.A..§2A:17-54.


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