Bill Text: NJ A5456 | 2020-2021 | Regular Session | Introduced
Bill Title: Permits suspension by Governor of wage execution during declared Public Health Emergency and State of Emergency.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2021-03-15 - Introduced, Referred to Assembly Labor Committee [A5456 Detail]
Download: New_Jersey-2020-A5456-Introduced.html
Sponsored by:
Assemblywoman VERLINA REYNOLDS-JACKSON
District 15 (Hunterdon and Mercer)
Assemblywoman ANGELA V. MCKNIGHT
District 31 (Hudson)
SYNOPSIS
Permits suspension by Governor of wage execution during declared Public Health Emergency and State of Emergency.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning wage garnishment and amending N.J.S.2A:17-50.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.2A:17-50 is amended to read as follows:
2A:17-50. a. When a judgment has been recovered in the Superior Court, and where any wages, debts, earnings, salary, income from trust funds, or profits are due and owing to the judgment debtor, or thereafter become due and owing to him, to the amount of $48.00 or more a week, the judgment creditor may, on notice to the judgment debtor unless the court otherwise orders, apply to the court in which the judgment was recovered, or to the court having jurisdiction of the same, and upon satisfactory proofs, by affidavit or otherwise, of such facts, the court shall grant an order directing that an execution issue against the wages, debts, earnings, salary, income from trust funds, or profits of the judgment debtor.
b. Notwithstanding the provisions of subsection a. or any other law to the contrary, when a wage execution application is filed by the State arising out of a determination by a State department or agency that a person owes the department or agency a debt as defined in section 1 of P.L.2005, c.124 (C.2A:16-11.1), such application may be filed with the Office of Administrative Law rather than with the Superior Court.
c. (1) Notwithstanding any other law to the contrary, whenever the Governor declares a public health emergency pursuant to the "Emergency Health Powers Act," P.L.2005, c.222 (C.26:13-1 et seq.), or a state of emergency pursuant to P.L.1942, c.251 (C.App.A.9-33 et seq.), or both, during that declared emergency the Governor may issue an executive order precluding the issuance of new wage executions or other post-judgment process set forth in chapter 17 of Title 2A of the New Jersey Statutes used to enforce a judgment recovered in, or enforce an order for the payment of money issued by, the Superior Court, Law Division, including the Special Civil Part of the Law Division, but not including any new executions or other post-judgment process set forth in section 3 of P.L. 1981, c.417 (C.2A:17-56.9) used to enforce an order of support issued by the Superior Court, Law Division. The executive order shall remain in effect for no longer than 90 days following the declared end to the emergency.
(2) With respect to any executive order issued by the Governor pursuant to paragraph (1) of this subsection relating to the Public Health Emergency and State of Emergency declared by the Governor in Executive Order 103 of 2020 concerning the coronavirus disease 2019 pandemic, the executive order shall apply retroactively to any judgment or order described in that paragraph that was entered on or after the date the emergency was declared in Executive Order 103 of 2020, for which an execution or other post-judgment process has not been issued as of the day the executive order is issued.
(cf: P.L.2005, c.124, s.7)
2. This act shall take effect immediately.
STATEMENT
N.J.S.2A:17-50 provides that upon a proper showing of proofs of debt by a judgment creditor, a court shall grant an order directing that an execution issue against the wages, debts, earnings, salary, income from trust funds, or profits of a judgment debtor.
This bill provides that, whenever a public health emergency or state of emergency is declared by the Governor, during that declared emergency the Governor, by executive order, could preclude the issuance of new wage executions used to enforce a judgment recovered in, or enforce an order for the payment of money issued by, the Superior Court, Law Division, including the Special Civil Part of the Law Division, but not including any new executions or other post-judgment process set forth in section 3 of P.L. 1981, c.417 (C.2A:17-56.9) used to enforce an order of child support issued by the Superior Court, Law Division. The executive order shall remain in effect for no longer than 90 days following the declared end to the emergency.
Regarding the Public Health Emergency and State of Emergency declared by the Governor in Executive Order 103 of 2020 concerning the coronavirus disease 2019 pandemic, the executive order shall apply retroactively to any judgment or order that was entered on or after the date the emergency was declared for which an execution or other post-judgment process had not been issued as of the date the executive order issued.
