New Jersey Garnishment laws & HR compliance analysis

New Jersey Garnishment: What you need to know

A garnishment is an order of a court to an employer (the garnishee) to withhold a sum of money from the earnings of an employee (the debtor or obligor) for payment of a court- or agency-ordered debt. There are numerous state and federal laws pertaining to the procedure. Where state law is more restrictive than federal law (i.e., protects more of the employee's salary from garnishment), then state law will govern.
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Respond promptly. An employer that is served with a wage garnishment must respond promptly to the notice and any other court papers regarding garnishment. Employers failing to respond to a notice or in any way ignoring a garnishment run the very real risk of being held personally liable for the entire judgment.
Disposable income defined. In New Jersey, the definition of "disposable income" is gross wages minus taxes.
Support takes priority over other kinds of garnishments, regardless of when received. If there is more than one support garnishment for a single employee's wages, payments for each order are made on a pro rata basis within the maximum allowable limits.
When an employer receives a child support order providing for immediate income withholding, the order will specify the amount to be withheld from the employee's wages. The employer must begin withholding by the first pay period after the postmarked date on the withholding order and remit payments at the same time the employee is paid (N.J. Rev. Stat. Sec. 2A:17-56.11, N.J. Rev. Stat. Sec. 2A:17-56.12, N.J. Rev. Stat. Sec. 2C:40A-3).
Medical support orders. The National Medical Support Notice (NMSN) serves as legal notice that the employee identified on the notice is obligated by a court or administrative ...

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New Jersey Garnishment Resources

Type Title
Checklists Garnishments and Attachments Checklist
Handouts Wage Garnishment and the Law (Handout)
Policies Garnishments
See all Garnishment Resources