Wage Garnishment in New Jersey
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In New Jersey, most creditors must sue you and get a court judgment before they can garnish your wages, but some debts — like unpaid taxes, child support, and federal student loans — don’t require a court case first. Once the court approves the garnishment, your employer must withhold a portion of your paycheck, usually between 10% and 25% of your disposable income. You have the right to object and may be able to reduce or stop the garnishment by showing financial hardship. Filing Chapter 7 bankruptcy also stops most garnishments and can erase many common debts.
Written by Upsolve Team.
Updated November 7, 2025
What Is Wage Garnishment?
Wage garnishment is when a creditor or debt collector takes money directly from your paycheck to repay a debt. It usually happens when someone falls behind on payments for credit cards, personal loans, or medical bills.
💡 In New Jersey, wage garnishment is sometimes called wage execution or wage attachment.
🏛️ In most cases, a creditor must sue you and win a judgment in court before they can garnish your wages. Once they have that judgment, the court can issue a garnishment order telling your employer to withhold part of your paycheck and send it directly to the creditor.
Both state and federal laws apply to wage garnishment. New Jersey law determines how the process works within the state, including how much can be taken from each paycheck.
Who Can Garnish My Wages in New Jersey?
Almost any type of creditor can garnish your wages. This includes banks, credit card companies, medical providers, debt collectors, and debt buyers who have a court order.
⚠️ Some government agencies — like the IRS, federal student loan servicers, and child support enforcement offices — can garnish wages without going to court first.
This article focuses on wage garnishment for consumer debts, where a court judgment is usually required.
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New Jersey Wage Garnishment Process
If a creditor wants to garnish your wages in New Jersey, they must first file a lawsuit in court and get a money judgment against you.
The court will award a money judgment to the creditor if:
You respond to the lawsuit but lose the case
You don’t respond to the lawsuit and the court enters a default judgment against you
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Notification & Document Requirements
After the creditor gets a money judgment, they must notify you and submit certain documents to the court to begin the wage garnishment process. These include:
Notice of Application for Wage Execution: This lets you know the creditor is asking the court to garnish your wages.
Certification of Service: This proves the creditor sent the notice to you properly.
Certification in Support of Application for Wage Execution: This document lists details like how much you owe, where you work, and how much the creditor wants to garnish.
⌛ The creditor can notify you in person, by certified mail with return receipt requested, or by regular mail. Once you're notified, you have a limited time to object:
If you’re notified by certified and regular mail, you have 15 days to file an objection.
If you’re served in person, you have 10 days to object.
If you do file an objection, the court will schedule a hearing. After the hearing, the judge will decide whether to approve the wage garnishment.
How To Object to a Wage Garnishment in New Jersey
To object, you’ll need to file specific documents with the court and notify all parties involved.
Here’s what you’ll need:
Certification in Objection to Wage Garnishment: Explains why you're objecting or requesting a reduced garnishment amount.
Certification of Service: Shows you sent copies of your objection to all parties and their lawyers.
Other supporting documents: Include anything that helps explain your situation or supports your objection.
Wage Garnishment Worksheet (if asking for a reduction): Helps the court evaluate your financial situation and determine how much can be reasonably garnished.
👉 You can find all of these documents and instructions in New Jersey’s official civil legal assistance guide, How to Object to a Wage Garnishment in a Special Civil Part Case.
How Much of My Paycheck Can Be Taken by Wage Garnishment?
In New Jersey, creditors can't take more than what they’re owed according to the judgment. This usually includes the original debt amount plus any court fees, legal costs, and interest.
Both federal and state laws limit how much of your paycheck can be garnished each week. New Jersey law offers more protection than federal law in many cases.
Under New Jersey law, a creditor can garnish the lowest of these three amounts:
10% of your income if you earn less than 2.5 times the federal poverty level for your household size
25% of your disposable income for that week
Any amount over $217.50 (that’s 30 times the federal minimum wage of $7.25/hour)
💡 Disposable income is the part of your paycheck left after legally required deductions, like taxes and Social Security. It’s not the same as your gross (pre-tax) pay.
❗Also, only one wage garnishment can be active at a time in New Jersey. You can’t have multiple garnishments from different creditors at once.
Certain income is exempt from garnishment in New Jersey. This includes Social Security and disability benefits, veterans' benefits, and workers’ compensation.
How To Stop a Garnishment in New Jersey
If a creditor is garnishing your wages, there are a few ways you may be able to stop it:
💰 Pay the debt in full — either as a lump sum or by allowing the garnishment to continue until the balance is paid off.
🤝 Negotiate a repayment plan directly with the judgment creditor. Some creditors are open to alternative payment arrangements that could stop the garnishment.
⚖️ File for bankruptcy.
✅ If you’re dealing with overwhelming debt, filing Chapter 7 bankruptcy can stop wage garnishment and help you get a fresh start. As soon as you file, the automatic stay goes into effect. This legal protection temporarily stops most collection actions, including wage garnishments.
Chapter 7 can eliminate many common consumer debts like credit cards, medical bills, personal loans, and more.
💻 If you're thinking about bankruptcy, you can take Upsolve’s two-minute screener to see if you qualify to use our free filing tool.
Are There Any Resources for People Facing Wage Garnishment in New Jersey?
Wage garnishment can feel stressful, but you don’t have to face it alone. The resources below can help you get legal information, support, and tools to navigate the process.
Legal Services of New Jersey (LSNJ): LSNJ is a legal aid organization that provides legal information and advice to qualifying New Jersey residents.
LSNJ Law: LSNJ Law is a part of LSNJ. This website provides legal information on various topics, including consumer credit and debt collection.
Volunteer Lawyers for Justice: VLJ is a statewide pro bono provider that helps residents of New Jersey with a variety of legal issues, including consumer law issues.
Consumer League of New Jersey: This nonprofit provides general information about your legal rights as a consumer.
