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Wage Execution app11j - New Jersey
| Wage Execution Form. This is a New Jersey form and can be used in Civil Division Statewide . |
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APPENDIX XI-J. WAGE EXECUTION SUPERIOR COURT OF NEW JERSEY LAW DIVISION, SPECIAL CIVIL PART _________ County Street Address of Court Town, NJ ZIP Tel. No. of Court Plaintiff vs. Designated Defendant (Address) Name and Address of Employer Ordered to Make Deductions 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 the designated defendant's disposable weekly earnings exceed $154.50 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 $154.50 or less, no amount shall be withheld under this execution. In no event shall more than 10% of gross salary be withheld. 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 creditor's 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 Amount ....... Costs and Atty. Fees .... Subsequent Costs ........ Total ............................. Credits, if any ............... Subtotal A ..................... Interest .......................... Execution cost and mileage ..................... Costs of Application ..... Subtotal B ..................... Court Officer Fee (10%).. Total due this date .......... ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ Date _________________________________ ORDER, CERTIFICATION AND EXECUTION AGAINST EARNINGS PURSUANT TO 15 U.S.C. 1673 and N.J.S.A. 2A:17-56 Docket No. _______ $ $ $ $ $ $ $ $ $ $ $ $ _____________________________________ Judge _____________________________________ Clerk of Special Civil Part Make payments at least monthly to Court Officer as set forth: _____________________________________ Court Officer _____________________________________ 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. Date: ______________________________ By:________________________________ (Typed name of signator) Firm Name: _________________________ Address: ____________________________ I RETURN this execution to the Court ( ) Unsatisfied _________________________ ( ) Satisfied ( ) Partly Satisfied Amount Collected ...................$ ____ Fee Deducted ..........................$ ____ Amount Due to Atty ...............$ ____ Date: ________________________________ _____________________________________ Court Officer American LegalNet, Inc. www.FormsWorkflow.com 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 $154.50 -- every two weeks, then subtract $309.00 -- twice per month, then subtract $334.75 -- monthly, then subtract $669.50 (Federal law prohibits any garnishment when "disposable earnings" are smaller than the amount on line 4) ............ - _______ (5) Equals the amount potentially 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; 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 September 1, 2004.] American LegalNet, Inc. www.FormsWorkflow.com
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