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  1. #1
    Join Date
    May 2011
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    2

    Default How to Issue a Lien When Former Employer Won't Pay Writ of Execution for Unpaid Wages

    My question involves labor and employment law for the state of: New Jersey

    My former employer owed me around $2300 for unpaid commissions. I did a unpaid wage claim with the State of New Jersey and won (former employer didn't show or respond). After that the company still didn't pay the amount owed from the hearing.

    The next step was to get a Writ of Execution from the Superior Court of NJ, which I did. I sent that to the local sheriff's office (Cape May) to execute. My understanding with a Writ of Execution is the sheriff's office are to collect monies or assets to pay me, the State of NJ, and their own fees. For some reason the Sheriff's office processed it as a Wage Claim against one of the partners who does not receive a salary. So they avoided paying that way.

    Long story short, the company won't pay the Wage Claim, and I can't get the Sheriff's office to serve it as a Writ of Execution and collect funds or assets. The Sheriff's office says the next step is to issue a Bank Lien against the company, which involves me going back to the state court.

    I'm not sure what do from here. Since the amount is so small I don't want to get a lawyer, but I'd be willing to just for the satisfaction of making them pay up. I don't live in NJ which makes this more complicated.

    I'd appreciate any suggestions or advice you have. I feel that the sheriff's office is giving me the run around since I have no representation, but I've made it this far!

    Thank you for your input!

  2. #2
    Join Date
    Sep 2005
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    Default Re: How to Issue a Lien When Former Employer Won't Pay Writ of Execution for Unpaid W

    When you spoke with the civil division at the Sheriff's Department and indicated that they should proceed with the Writ of Execution as a Writ of Execution, not as an order of wage garnishment, what were you told?

    I don't see a standard petition form for New Jersey's courts. I suggest inquiring with the court clerk and, if none is available, checking the county law library or an area law school library for materials on judgment collections as you should be able to find a practitioner's guide that includes example forms that you can modify for your own needs.

  3. #3
    Join Date
    May 2011
    Posts
    2

    Default Re: How to Issue a Lien When Former Employer Won't Pay Writ of Execution for Unpaid W

    I was told since the NJ Wage Collections Dept issued the original judgement they process all of those as Wage Garnishments. Honestly the various people I've talked to at the Sheriff's office never sound too sure on what to do.

    I can't really check the counties law libraries since I live in Georgia. Do you think going to the Superior Court to issue a Lien would be the best bet? Right now I'm thinking of finding paying a NJ labor-law lawyer to instruct the sheriff's office on what to do/how to do it. The drawback is that's not cheap, and I'm not even sure where to start to find a lawyer willing to do a little job like this in a different state than I live in.

    Thanks for the reply. I appreciate the input.

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