How much of my wages can be garnished in New Jersey?
New Jersey caps ordinary garnishment more tightly than federal law and gives courts discretion to reduce further.
1. Federal Floor
15 U.S.C. § 1673(a) caps garnishment at the lesser of 25% of disposable earnings or amount above 30× federal minimum wage ($217.50/week).
2. New Jersey Rule
N.J. Stat. § 2A:17-56 caps wage execution at 10% of gross wages if the debtor's income is less than 250% of the federal poverty level for the household size. For income above that threshold, the court may order up to the federal CCPA maximum (25%/30×-FMW). § 2A:17-50 allows the court to reduce the amount upon application showing hardship.
3. Special Categories
4. Head-of-Household Exemption
The 250%-of-poverty / 10% formula effectively functions as a low-income/family exemption.
5. Process
Creditor moves on notice for a wage execution under N.J. Court Rule 4:59-1 and § 2A:17-50. Debtor receives notice and has 10 days to object. The court holds a hearing if the debtor claims hardship; the order may be reduced or denied.
6. Multiple Garnishments
Support orders have priority. Among ordinary executions, the first served collects until paid; later ones queue under § 2A:17-52.
7. Employer Anti-Retaliation
15 U.S.C. § 1674 prohibits firing for a single garnishment. N.J. Stat. § 2A:17-56.12 specifically prohibits discharge for support withholding.
8. Bank Garnishment vs Wage Garnishment
Bank levies use a writ of execution under R. 4:59-1. N.J. Stat. § 2A:17-19 offers limited wildcard exemptions; federal benefits remain protected under 31 C.F.R. Part 212.
This is legal information, not legal advice.
- Court hearing to reduce wage execution based on hardship
- Bank levy that included exempt benefits
- Income near or below 250% of federal poverty level
- N.J. Stat. § 2A:17-50
- N.J. Stat. § 2A:17-56
- N.J. Stat. § 54:49-13
- 15 U.S.C. § 1673
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.