When you owe certain types of debts, collectors may seek legal recourse by going to court and getting a wage garnishment order against you. Wage garnishment is a court order that is sent to your employer. Your employer will withhold a certain amount of your money and send it directly to your creditor.
Wage Garnishment Laws in New Jersey
Creditors in New Jersey must first bring you to court and successfully get a court judgment that states you owe a certain debt to them. Afterward, they can seek out a wage garnishment order. There are some exceptions that allow for wage garnishment without a court judgment including child support orders, student loans, and unpaid income taxes. New Jersey law states that creditors can only take up to 10 percent of your income when you earn less than 250 percent of the federal poverty level or up to 25 percent when you earn more.
Commonly Used Grounds for Objection to Wage Garnishment
To argue against wage garnishment, you’ll need to have a valid legal reason, or grounds, to object the court order. Objecting to the garnishment is a time-consuming and difficult process that must be done quickly after receiving the notice. Following are some of the most commonly used grounds for objection:
- Order exceeds federal limits
- Garnishment surpasses state limits
- Exemption limits
- Head of household exemptions
- Creditor followed improper procedure
- You are self-employed
- You have already paid the creditor
- You are being garnished by another creditor
- You are currently making payments to the creditor voluntarily
- You recently filed for bankruptcy
Objecting Wage Garnishment in Clifton, New Jersey
Before wage garnishment begins, you will receive a Notice of Garnishment of Personal Earnings document through the mail. You must act quickly after receiving this notice because your right to object the garnishment is limited. If you do not object within this time limit, then your right to object the garnishment will be waived. The garnishment notice you receive will contain instructions on how to pursue an objection and request a court hearing. You’ll need to state the grounds for objecting the garnishment in the paperwork you file. If successful, then you will be given a new hearing date where you can plead your case.
Contact a Clifton Bankruptcy Attorney for a Consultation About Wage Garnishment in New Jersey Today
If you are struggling with debt, you may need a fresh start financially. An experienced bankruptcy and debt relief attorney can help you explore your options and determine the best course of action for you, your family, and/or your business. The experienced NJ bankruptcy lawyers at Silverman & Roedel, LLC understand the nuances of NJ and federal bankruptcy laws, so we can help you protect your interests. Call us anytime at (973) 772-6411 or fill out the online contact form to schedule a confidential consultation. We have an office conveniently located at 1187 Main Avenue Suite 2C, Clifton, NJ 07011.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.