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Wage garnishment in New Jersey - it's flexible.

Date: Thu, 07/30/2009 - 08:34

Submitted by anonymous
on Thu, 07/30/2009 - 08:34

Posts: 202330 Credits: [Donate]

Total Replies: 1


To the New Jersey community:

You should be aware that if a debt collection lawyer insists that the rate of garnishment is a mandatory 10% in New Jersey, that simply isn't true.

Visit this post: hoofin.wordpress.com/2009/07/30/new-jersey-supreme-courts-committee-on-special-civil-part-practice-to-look-into-improving-wage-garnishment-form/

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Many years ago (the 1990's) I discovered that the Special Civil Parts, in at least my area of the state, had become garnishment mills that cranked out 10% garnishments to any creditor attorney who asked for one. (Somerville, and in particular Victor Ashrafi, was notable judge doing this.)

What was happening was people who were willing to come to some terms about the debt were showing up in Special Civil Part, losing 10% of their income right then and there, and several ending up in bankruptcy court later.

If you are faced with this situation, from a Presser or a Goldman and Warshaw, please tell the judge about 2A:17-56. If you really owe the debt and want fair terms, don't think the choice is either budget chaos or the bankruptcy court.