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Wage Execution Form. This is a New Jersey form and can be use in Civil Division Statewide.
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Tags: Wage Execution, app11j, New Jersey Statewide, Civil Division
Revised effective 9/1/2018 by 9/14/2018 Notice to the Bar, CN 11471 - Appendix XI-J page 1 of 2 Wage Execution SUPERIOR COURT OF NEW JERSEY LAW DIVISION, SPECIAL CIVIL PART ORDER AND EXECUTION AGAINST EARNINGS PURSUANT TO 15 U.S.C. 1673 and N.J.S.A. 2A:17 - 56 County Telephone Number Docket Number Judgment Number Writ Number Issued Name and Address of Employer Ordered to Make Deductions Plaintiff vs Designated Defendant (Address) Unless the designated defendant is currently subject to withholding under another wage execution, 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 t he designated defendant's disposable weekly earnings exceed $217.50 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 or less, if paid weekly, or $435. 00 or less, if paid every two weeks, or $471.25 or less, if paid twice per month, or $942.50, or less, if paid monthly then no amount shall be withheld under this execution. In no event shall more than 10% of gross salary be withheld and only one executio n against the wages of the designated defendant shall be satisfied at a time. Please refer to t he section of this form titled 223How to Calculate Proper Garnishment Amount224. 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 creditor222s 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 Judgment Award. $ Court Costs & Stat Atty. Fees $ Total Judgment Amount $ Judge Interest From Prior Writs $ Costs From Prior Writs $ Subtotal A $ Michelle M. Smith Credits from Prior Writs $ Clerk of the Superior Court Subtotal B $ New Miscellaneous Costs $ Make payments at least monthly to Court Officer as set forth: New Interest on this Writ $ New Credits on this Writ $ Court Officer Execution Fees & Mileage $ Subtotal C $ Court Officer Fee $ I RETURN this execution to the Court Total due this date $ Unsatisfied Satisfied Partly Satisfi ed Amount Collected $ Fee Deducted $ Amount Due to Attorney $ Date Court Officer Revised effective 9/1/2018 by 9/14/2018 Notice to the Bar, CN 11471 - Appendix XI-J page 2 of 2 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 every two weeks , then subtract $435.00 twice per month , then subtract $471.25 monthly , then subtract $942.50 (Federal law prohibits any garnishment when "disposable earnings" are smaller than the amount on line 4) .......................................................................................................................................... - 5. Equals the amount pot entially 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 Septembe r 1, 2004; amended July 3, 20 07, 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; amended November 6, 2013 to be effective November 25, 2013 ; amended July 22, 2014 to be effective September 1, 2014; amended August 1, 2016 to be effective September 1, 2016 ; amended March 7, 2017 to be effective immediately . ]