New Jersey Procedural Requirements for Wage Garnishment

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New Jersey Procedural Requirements

Process to enforce a judgment or order for the payment of money and process to collect costs allowed by a judgment or order, shall be a writ of execution. The amount of the debt, damages and costs actually due and to be raised by the writ, together with interest thereon by the party at whose instance it shall be issued before its delivery to the sheriff or other officer. In aid of judgment or execution, the judgment creditor may examine any person, including the judgment debtor, by deposition or as provided by Rule 6:72, except that service of an order for discovery or an information subpoena shall be made as prescribed by Rule 1:52 for service on a party. The court may make any appropriate order in aid of execution. The writ may be issued either by the court or the clerk of the court. N.J. R. Civil. P. 4:591.

The court may, upon the filing by the judgment creditor of a petition verified by the judgment creditor or the creditor's agent or attorney Statuteing the amount due on the judgment, make an order, upon good cause shown, requiring any person who may possess information concerning property of the judgment debtor to appear before the attorney for the judgment creditor or any other person authorized to administer an oath and make discovery under oath concerning that property at a time and place therein specified. An information subpoena may be served upon the judgment debtor, without leave of court, accompanied by an original and copy of written questions and a prepaid, addressed return envelope. The information subpoena and written questions shall be in the form and limited to those set forth in Appendix XIL. N.J. R. Civil. P. 6:72. Service shall be made as provided in Rule 4:44 (personal service) or by registered or certified mail, return receipt requested, to the party's last known address; or if the party refuses to claim or to accept delivery, by ordinary mail to the last known address; or if no address is known, by ordinary mail to the clerk of the court. N.J. R. Civil. P. 1:52.

In aid of execution, the court, out of which the execution is issued, upon proof by the oath of the party, showing facts establishing that any person owes the judgment debtor or holds money or property in possession or action in trust for the judgment debtor, or for his or its use over and above such property as is exempt or reserved by law, may make an order forbidding the payment of such debt, or the transfer of such property or money by or to such debtor, or any third person until the further order of the court. N.J. Statute. Ann. _ 2A:1765.

Every court officer or other person levying on a debtor's property shall, on the day the levy is made, mail a notice to the person whose assets are to be levied on Statuteing that a levy has been made and describing exemptions from levy and how such exemptions may be claimed. The notice shall be in the form prescribed by Appendix VI to these rules and a copy thereof shall be promptly filed by the levying officer with the clerk of the court. N.J. R. Civil. P. 4:591.

Interest Rate at which Judgments Accrue

Practice is to allow collection of interest on judgments at legal rate. Simon v. New Jersey Asphalt & Paving Co., 8 A.2d 256 (N.J. 1939). The legal rate of interest is 6% per year, unless there is a written contract, in which case the legal rate is 16% per year. N.J. Statute. Ann. _ 31:11. Applicable Forms Appendix XIL to N.J. R. Civil. P. Appendix VI to N.J. R. Civil. P.