United Jersey Bank/South v. Camera

The opinion of the court was delivered by

KING, P.J.A.D.

This is an appeal by a judgment creditor from the denial of an application for a wage execution made pursuant to N.J.S.A. 2A:17-50. The Law Division judge denied the application because the debtor did not have the present capacity to pay. We conclude that the application should have been granted because N.J.S.A. 2A:17-50 is mandatory. If the debtor has absolutely no ability to pay any amount, the wage execution may be modified by a stay pursuant to N.J.S.A. 2A:17-55, until payment is possible. The priority of the wage execution thus is…