New Jersey How to Ask the Court to Order a Wage Execution in a Special Civil Part Case
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FAQ
A Writ of Execution is good for two years from the date it is issued to the Special Civil Part Officer. At the expiration of two years, if you still want the Special Civil Part Officer to collect, a new Writ of Execution must be issued. due from the debtor. satisfaction of the judgment, including the 10% commission.
Bankruptcy. Regardless of the type of bankruptcy you file, you will receive the protection of the automatic stay, which immediately stops garnishment in its tracks. This protection continues throughout the bankruptcy process, as most of your debts are eliminated.
To record a judgment, you should request a Statement for Docketing from the Office of the Special Civil Part in the county where the case was heard. The Statement for Docketing must be filed with the Clerk of the Superior Court, Richard J. Hughes Justice Complex, P.O. Box 971, Trenton, N.J. 08625.
The writ gives the Sheriff the authority to seize property of the judgment debtor and is valid for 180 days after its issuance. You must give the Sheriff signed, written instructions to levy on (seize) and sell, if necessary, specific property belonging to the debtor to satisfy your judgment.
When you file an objection to a wage garnishment you must file the following documents: 2022 Objection to Wage Garnishment and 2022 Certification (Proof) of Service; 2022 Wage Garnishment Worksheet (Use this form only if money is already being taken from your paycheck and you believe more is being taken than allowed by law).
In New Jersey, there is a six-year statute of limitations on collecting a debt. This means that a creditor can no longer make attempts to collect on a debt once six years have passed since the original date that payment was owed.
To do this, you need a Writ of Execution, a sample of which can be found on the Judiciary's Web site. You must complete the writ form and send it to the court. If the Judgment has a J docket number, you must send the writ to the Civil Division Manager in the county in which your case was originally filed.