Wage garnishment in New Jersey

Most a card or medical judgment can take

The least of 10% of gross pay, 25% of take-home or take-home above $217.50source

Time to object to the notice

10 days or 15 days if the notice came by mailsource

Hearing after you object

Scheduled within 7 days once your papers are completesource

Bank accounts

Object with form CN 12323; personal property up to $1,000 can be exemptsource

How much can be garnished from my paycheck in New Jersey?

The court works out three numbers and orders the smallest one, as Legal Services of New Jersey explains:

• 10% of your gross pay, meaning pay before any deductions,
• 25% of your take-home pay, or
• your weekly take-home pay minus $217.50.

For most people the 10% figure wins. On $1,000 a week gross and $780 take-home, that is $100 a week, not the $195 federal law would allow.

The $217.50 floor comes from the $7.25 federal minimum wage. New Jersey’s own rate is $15.92 on the U.S. Department of Labor state table, but the court packet figures the floor on the federal rate.

The notice of application for wage garnishment

New Jersey calls a wage garnishment a wage execution or a levy on wages. It starts after the creditor has a judgment. You get a notice in the mail saying the creditor has asked the court to garnish your pay. If the judge approves, the court signs an order that lists the amount and your employer’s name.

The order goes to your employer, who then takes the set amount from every paycheck and sends it to the sheriff. The sheriff deducts its fees and pays the creditor and the creditor must credit each payment to your balance.

How to object to a wage garnishment in New Jersey

The court’s packet, CN 12322 How to Object to a Wage Garnishment, has the forms you need: a Certification in Objection, a Certification of Service and a worksheet to show the amount is wrong. You can use it before the order is signed or after deductions start.

Timing matters. You have 10 days to respond, plus 5 more if the notice was mailed. Count 15 days starting the day after mailing, using the postmark. The court must receive your papers by that day. If it falls on a weekend or court holiday, the next open day works.

File at the Special Civil Part office in the county where you were sued, by mail, in person or online. There is no fee. Mail a copy to the creditor. A judge hears it within 7 days of a complete filing. You can call and have a garnishment specialist go through the notice and your filing date with you.

Can the judge lower the amount?

Yes, but only for unusual hardship. Legal Services gives the example of disability costs or heavy medical bills for a very sick family member. Bring a written list of those expenses to the hearing.

The hearing is about whether to garnish and how much. It is not a second chance to argue about the debt. If you have a defense to the lawsuit itself, that takes a separate motion to vacate the judgment.

Can my bank account be garnished in New Jersey?

Yes. A bank levy freezes money in your account and you get a Notice to Debtor from the Special Civil Part. The court’s CN 12323 bank levy objection packet lets you claim that frozen money is exempt, such as Social Security, unemployment, child support, a pension, workers’ compensation, welfare, student aid or personal property up to $1,000. Filing is free and a hearing is set within 7 days. Follow the deadline printed on your Notice to Debtor.