Free Special Civil Part - New Jersey

CIVIL ­ SCP Wage Execution July 2009

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Wage Execution

HOW TO ASK THE COURT TO ORDER A WAGE EXECUTION IN A SPECIAL CIVIL PART CASE*
* This wage execution application is a written request which asks the court to issue an order directing an employer to take money from the wages of a judgment-debtor who owes you money. WHO SHOULD USE THIS PACKET? You may use this packet to apply to the court for a wage execution after a judgment has been entered against the judgment-debtor. In general, wage executions are not effective against judgment-debtors who are self-employed. (For someone who is self-employed, you may wish to enforce your judgment from assets such as their bank accounts and personal property.) GENERAL REQUIREMENTS: 1. When you file an application for a wage execution, you must file the following documents with the court: 1. Notice of Application for Wage Execution (Form A) 2. Certification in Support of Application for Wage Execution (Form B) 2. The Notice of Application for Wage Execution must be served either by certified mail and regular mail or you may serve the judgment-debtor personally. A copy of the Notice, the Certification and the proper fee must be filed with the court in the county where the judgment was entered within 45 days after you serve the judgment-debtor. A judgment-debtor is allowed 13 days from the date of mailing of the judgmentcreditor's notice to object to the entry of a wage execution, but the period is 10 days if the notice was served in person. A judgment-debtor can also object to the entry of a wage execution after it has been issued. If the judgment-debtor files an objection with the court, the Clerk of the Special Civil Part will schedule a hearing. If the order for a wage execution is issued, the execution will be assigned to a Special Civil Part Court Officer ("Court Officer") for collection. The Court Officer will serve the order on the judgmentdebtor's employer who will then be required to deduct the amount specified in the order from the debtor's wages. The judgment-debtor's employer may elect to deduct a 5% administrative fee for processing.
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3.

Revised 07/24/2009, CN 10548-English (How to Ask the Court to Order a Wage Execution in a Special Civil Part Case)

Wage Execution

4. There is a fee for filing a wage execution application. The amount of the fee can be obtained from the Judiciary's Internet site (www.njcourtsonline.com) or by calling the Special Civil Part Clerk's Office in the county where you filed your action. In addition to the filing fee, there is a charge for mileage costs incurred by the Court Officer.

NOTE: These materials have been prepared by the New Jersey Administrative Office of the Courts for use by self-represented litigants. The guides, instructions and forms will be periodically updated as necessary to reflect current New Jersey statutes and court rules. The most recent version of the forms will be available at the county courthouse or on the Judiciary's Internet site www.njcourtsonline.com. However, you are ultimately responsible for the content of your court papers. Completed forms are to be submitted to the Special Civil Part of the Superior Court in the county where your judgment was entered. A list of Special Civil Part Offices is provided at the customer counter and at www.njcourtsonline.com.

Revised 07/24/2009, CN 10548-English (How to Ask the Court to Order a Wage Execution in a Special Civil Part Case)

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Wage Execution

THINGS TO THINK ABOUT BEFORE YOU REPRESENT YOURSELF IN COURT TRY TO GET A LAWYER The court system can be confusing, and it is a good idea to get a lawyer if you can. If you cannot afford a lawyer, you may wish to contact the legal services program in your county to see if you qualify for free legal services. Their telephone number can be found in your local yellow pages under Legal Aid or Legal Services. If you do not qualify for free legal services and need help in locating an attorney, you can contact the bar association in your county. Their telephone number can also be found in your local yellow pages. Most county bar associations have a lawyer referral service. The lawyer referral service can supply you with the names of attorneys in your area who usually are willing to handle your particular type of case. Such attorneys are sometimes willing to consult with people in your situation at a reduced fee. There are also a variety of organizations of minority lawyers throughout New Jersey, as well as organizations of lawyers who handle specialized types of cases. Ask your court staff for a list of lawyer referral services that include these organizations. WHAT YOU SHOULD EXPECT IF YOU REPRESENT YOURSELF While you have the right to represent yourself in court, you should not expect any special treatment, help, or attention from the court. You must still comply with the rules of the court, even if you are not familiar with them. The following is a list of some things the court staff can and cannot do for you. Please read it carefully before asking the court staff for help. -We can explain and answer questions about how the court works. -We can tell you what the requirements are to have your case considered by the court. -We can give you some information from your case file. -We can provide you with samples of court forms that are available. -We can provide you with guidance on how to fill out forms. -We can usually answer questions about court deadlines. -We cannot give you legal advice. Only your lawyer can give you legal advice. -We cannot tell you whether or not you should bring your case to court. -We cannot give you an opinion about what will happen if you bring your case to court. - We cannot recommend a lawyer, but we can provide you with the telephone number of a local lawyer referral service. -We cannot talk to the judge for you about what will happen in your case. -We cannot let you talk to the judge outside of court. -We cannot change an order issued by a judge. KEEP COPIES OF ALL PAPERS Make and keep for yourself copies of all completed forms and any canceled checks, money orders, sales receipts, bills, contract estimates, letters, leases, photographs and other important documents that relate to your case. Bring all documents to court if you are notified that an appearance is necessary.

Revised 07/24/2009, CN 10548-English (How to Ask the Court to Order a Wage Execution in a Special Civil Part Case)

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Wage Execution

DEFINITIONS OF WORDS THAT MAY BE USED IN THIS PACKET

Adversary: An adversary is a party whose interests are opposed to or opposite the interests of another party. Defendant: The defendant is the person (party) against whom the court action (complaint) was filed. Docket Number:

The number the court assigned to this case when the complaint was filed. The docket number is listed on the complaint, answer and all pleadings relative to a particular case.

Judgment: A judgment is the official decision of a court in a case. JudgmentCreditor: The judgment-creditor is the party to whom money is owed. JudgmentDebtor: The judgment-debtor is the party who owes money. Motion: A motion is a written request in which you ask the court to issue an order or to change an order it has already issued.

Oral Argument: Personally appearing in court to explain what you want the court to do. Party: Plaintiff: A party is a person, business or governmental agency involved in a court action. The plaintiff is the person (party) who started the court action by filing the complaint.

Return Date: Service:

The return date is the date the plaintiff and defendant are ordered to appear in court. Mailing or delivering copies of your papers to the lawyer for the other party or to the other party if there is no lawyer.

Wage Execution: An order issued by a judge directing an employer to deduct money from a judgmentdebtor's wages.

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Wage Execution

HOW TO FILE FOR A WAGE EXECUTION IN THE SPECIAL CIVIL PART
The numbered steps listed below explain what forms you will need to fill out and what to do with them. Each form should be typed or clearly printed on 8½" x 11" white paper only. Forms may not be filed on a different size or color paper. STEPS FOR FILING YOUR APPLICATION: STEP 1: Fill out the Notice of Application for Wage Execution (Form A). The Notice of Application for Wage Execution tells the debtor that you are seeking an order from the court to deduct wages from the judgment-debtor's salary to satisfy the judgment. STEP 2: Fill out the Certification of Service (Last Paragraph of Form A). The Certification of Service tells the court how you got the papers to the other party or parties and the date on which you did so. STEP 3: Fill out the Certification in Support of Application for Wage Execution (Form B). The Certification in Support of Application for Wage Execution tells the court the amount of the judgment, the amount currently owed, the amount of interest and the judgment-debtor's employer's name and address. STEP 4: Check your completed forms. Check your forms and make sure they are complete. Remove all instruction sheets. Make sure you have signed the forms where you are asked to sign them. YOU MUST HAVE THE FOLLOWING ITEMS: ---Notice of Application for Wage Execution ---Certification in Support of Wage Execution Make enough copies so that you will have at least one complete set for yourself and two complete sets for the judgment-debtor. If you choose to serve the judgmentdebtor by mail, you must send one complete set by regular mail and one complete set by certified mail, return receipt requested. STEP 5: Mail or deliver your set of completed forms to all other parties in the case and then to the court. You can deliver or mail your original application for wage execution to the court. However, you must personally deliver or mail the application to all other parties in the case by regular mail and certified mail, return receipt requested. You will receive a green receipt card that can serve as proof that you mailed the Notice of Application for Wage Execution to the judgment-debtor. Your local post office can tell you how to send certified mail, return receipt requested. A copy of the Notice, the Certification and the proper fee must be filed with the court in the county where the judgment was entered within 45 days after you serve the judgment-debtor. STEP 6: Requesting oral argument. Oral argument is only required when and if the judgment-debtor files an objection to your application. If no objection is received the court will not require oral argument. However, the judgment-debtor has a right to file an objection to the wage execution at any time. Once an objection is filed with the Special Civil Part Clerk's Office, a hearing will be scheduled as soon as possible. STEP 7: Go to court if a hearing is scheduled. The hearing notice will tell you where and when to go. Bring all documentation to court if you are notified that a hearing will be held. Checklist: Make sufficient copies of the forms so that you will have two copies for the judgment-debtor (one for regular mail and one for certified mail) and one copy for yourself. Mail or deliver all of the original documents to the court (Form A & B). Note: Make certain that you have signed all forms in all places which require your signature. Keep at least one copy of the completed application packet for your own records. Bring all documents to court if you are notified that a court appearance is required.

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INSTRUCTIONS FOR COMPLETING NOTICE OF APPLICATION FOR WAGE EXECUTION (Form A)
A. Type or print the plaintiff's name, address and telephone number where Form A asks you to do so at the top of the form. If you are the plaintiff (sometimes referred to as "judgment-creditor"), type or print your name, current address and telephone number. If you are not the plaintiff, type or print the name, current address and telephone number of the person who is the plaintiff. Type or print the defendant's name, current address and telephone number where Form A asks you to do so. If you are the defendant (sometimes referred to as "judgment-debtor"), in the case, type or print your name, current address and telephone number. If you are not the defendant, type or print the name, current address and telephone number of the person who is the defendant. Where Form A asks you to do so, type or print the name of the judgment-debtor on the line next to the word "To:" and above the phrase "Name of Judgment-Debtor," and then, type or print the current address of the judgment-debtor. Where Form A refers to "County," type or print the name of the county where you are filing your application. Where Form A refers to "Docket No.," type or print the docket number of your case. (You can get this number from the Complaint or Answer you received in the case, or, if necessary, you can call the court for this information.) Type or print the employer's address on the line in the first paragraph before the phrase "name and address of employer." Type or print the judgment-debtor's name on the line in the section named "Certification of Service" following the words "judgment-debtor." Date and sign Form A where required.

B.

C.

D.

E.

F.

G.

H.

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INSTRUCTIONS FOR COMPLETING CERTIFICATION IN SUPPORT OF APPLICATION FOR WAGE EXECUTION (Form B)
A. Type or print the plaintiff's name, address and telephone number where Form B asks you to do so at the top of the form. If you are the plaintiff in the case, type or print your name, current address and telephone number. If you are not the plaintiff, type or print the name, current address and telephone number of the person who is the plaintiff. Type or print the defendant's name, current address and telephone number where Form B asks you to do so. If you are the defendant in the case, type or print your name, current address and telephone number. If you are not the defendant, type or print the name, current address and telephone number of the person who is the defendant. Where Form B refers to "County," type or print the name of the county where you are filing your application. Where Form B refers to "Docket No.," fill in the docket number of your case. (You can get this number from the Complaint or Answer you received in the case, or, if necessary, you can call the court for this information.) Next to the word "I" in Form B, type or print your name. In the same sentence, after the word "for," enter the amount of the judgment. After the word "judgment," enter the judgment amount minus any payments you may have received on behalf of the judgment-debtor toward this debt. Next to the phrase "plus interest of $," type or print the amount of post-judgment interest due and owing. The post-judgment interest rate is published in the Court Rules (see Publisher's Note under Rule 4:42-11) and on the Judiciary's Internet site (www.njcourtsonline.com). Complete paragraph 3 in Form B by listing the judgment-debtor's employer's name and address. Date and sign Form B where it asks you to do so.

B.

C.

D.

E.

F.

G.

H. I.

Revised 07/24/2009, CN 10548-English (How to Ask the Court to Order a Wage Execution in a Special Civil Part Case)

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FORM A

Print All Forms

Clear All Forms

Plaintiff's Name Street Address City, State, Zip Code Telephone Number

SUPERIOR COURT OF NEW JERSEY LAW DIVISION SPECIAL CIVIL PART COUNTY DOCKET NO. Vs

Defendant's Name Street Address City, State, Zip Code Telephone Number

CIVIL ACTION NOTICE OF APPLICATION FOR WAGE EXECUTION

To:_______________________________ Name of Judgment-Debtor _________________________________ Address, City, State, Zip TAKE NOTICE that an application is being made by the judgment-creditor to the abovenamed court, located at__________________________, New Jersey for a Wage Execution Order to issue against your salary, to be served on your employer, _____________________________ (name and address of employer), for: (a) 10% of your gross salary when the same shall equal or exceed the amount of $217.50 per week; or (b) 25% of your disposable earnings for that week; or (c) the amount, if any, by which your disposable weekly earnings exceed $217.50, whichever shall be the least. Disposable earnings are defined as that portion of the earnings remaining after the deduction from the gross earnings of any amounts required by law to be withheld. In the event the disposable earnings so defined are $217.50 or less, no amount shall be withheld under this execution. In no event shall more than 10% of gross salary be withheld. Your employer may not discharge, discipline or discriminate against you because your earnings have been subjected to garnishment. You may notify the Clerk of the Court and the attorneys for the judgment- creditor, whose address appears above, in writing, within ten days after service of this notice upon you, why such an Order should not be issued, and thereafter the application for the Order will be set down for a hearing of which you will receive notice of the date, time and place.

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FORM A If you do not notify the Clerk of the Court and the judgment-creditor's attorney, or the judgment-creditor if there is no attorney, in writing of your objection, you will receive no further notice and the Order will be signed by the Judge as a matter of course. You also have a continuing right to object to the wage execution or apply for a reduction in the amount withheld even after it has been issued by the Court. To object or apply for a reduction, file a written statement of your objection or reasons for a reduction with the Clerk of the Court and send a copy to the creditor's attorney or directly to the creditor if there is no attorney. You will be entitled to a hearing within 7 days after you file your objection or application for a reduction.

CERTIFICATION OF SERVICE I served the within Notice upon the judgment-debtor __________________, on this date by sending it simultaneously by regular and certified mail, return receipt requested, to the judgmentdebtor's last known address, set forth above. 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 the punishment. Date: ______________________________ Attorney for Judgment-Creditor or Judgment-Creditor Pro Se

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FORM B

Plaintiff's Name Street Address City, State, Zip Code Telephone Number

SUPERIOR COURT OF NEW JERSEY LAW DIVISION SPECIAL CIVIL PART COUNTY DOCKET NO.

Vs
Defendant's Name Street Address City, State, Zip Code Telephone Number

CERTIFICATION IN SUPPORT OF APPLICATION FOR WAGE EXECUTION

1.

I, ___________________________the judgment-creditor, recovered judgment against the judgment-debtor for $ . There is still due on said judgment $ plus interest of $____________ making a total of $ , besides costs. The judgment-debtor is to pay all court officer fees and post judgment interest. , The said judgment-debtor is employed by (list debtor's employer's name) , located at ___________________________________________________________
(list debtor's employer's address)

2.

3.

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.

Dated:

Signature: ___________________________

Revised 07/24/2009, CN 10548-English (How to Ask the Court to Order a Wage Execution in a Special Civil Part Case)

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