My husbands wages were ordered to be garnished through a Civil Action filed by the Court on 2/28/08. This happened as a result of him co-sigining on a car loan & the primary failed to make payments on the car. Husbands employer has not contacted him advising they received the notice to garnish his wages and his wages have not been garnished yet. Is there a statue of limitations in NJ that a court has to send a garnishment to an employer? If yes, how long, if no, are garnishments deducted on a prospective basis from when the employer received the Order?

Your help is appreciated.

PM

Once a judgement is obtained, the plaintiff has until the expiration of that judgement to file for a garnishment. I'm not clear wheter the judgement was awarded on 2/28 or whether a garnishment order was issued on that date. Once the court issues the garnishment order, its up to the plaintiff to serve it on the employer. As soon as the employer receives it they have to begin deductions. Whether they notify the employee or not is up to them, there is no requirement to do so.

If I were you I would be saving up money to maqke a lumpsum settlement with the plaintiff. If you can pay them a lumpsum, then may settle for a fraction of the amount owed.

In the meantime, your husband can turn around and sue the primary for defaulting.