Wage Garnishment - Live in NJ work in PA

[trouble1]

Hi! I have searched high and low on the forums but haven't found an answer to this question. There is no wage garnishment in PA but it is 10% of gross in NJ. My question is if I live in NJ and work in PA, can the credit card companies garnish my wages since the wages are earned in PA or does it go by my state of residence??

Any insight is greatly appreciated. Thanks!!

[catleg]

Just want to correct the *very common* misperception that NJ garnishment is limited to 10%. This is the actual statute:

2A:17-56. Limitation on amount specified in execution.

2A:17-56. a. In no case shall the amount specified in an execution issued out of any court against the wages, debts, earnings, salary, income from trust funds or profits due and owing, or which may thereafter become due and owing to a judgment debtor, exceed 10%, unless the income of such debtor shall exceed 250 % of the poverty level for an individual taking into account the size of the individual's family, in which case the court out of which the execution shall issue may order a larger percentage.
b. Notwithstanding subsection a. or any other law to the contrary, for all wage execution applications filed by the State pursuant to subsection b. of N.J.S.2A:17-50 after the effective date of P.L.2005, c.124 (C.2A:16-11.1 et al.), the State may seek a wage execution of up to 25% of the debtor's gross earnings, provided that after the execution the debtor's income will not be less than 250 % of the poverty level for an individual taking into account the size of the individual's family.

Nothing in this subsection shall be construed to violate any provision of federal law.

L.1951 (1st SS), c.344; amended 1970, c.287, ss.1,3; 2005, c.124, s.11.


So if you're over 250% of the poverty level the 25% of disposable income limitation (federal) applies, same as everywhere else.

What is confusing about this is that the sample wage execution form given on the state courts' website says the maximum is 10% of the gross. Not sure how this is resolved in practice, a nasty lawyer would presumably know the law.

I think in your case it would go by the laws of the state where the income is earned, which fortunately is Penna.

[trouble1]

Thank you very much for the reply. That is great info! I was thinking it would go by the state where I earned the income, which would make sense, I just had not found anything to confirm that.