Iqbal v. Mucci

The opinion of the court was delivered by

BRAITHWAITE, J.A.D.

The issue on appeal is whether a judgment debtor who pays more than twenty-five percent of his wages to his ex-wife and children, pursuant to a garnishment, may be compelled to pay a judgment creditor in installments pursuant to N.J.S.A. 2A:17-64. We hold that he cannot and therefore affirm the order of the Law Division.

The facts necessary to resolve this appeal are not in dispute. Both plaintiff Masud Iqbal and defendant Wayne Mucci are physicians. Plaintiff sold his medical practice to defendant. Defendant breached the agreement…