A District Court judge in New Jersey has granted a defendant’s motion to dismiss a third-party complaint filed against it by a collection law firm over issues with a wage garnishment. The decision, handed down by District Judge Susan D. Wigenton, dismissed claims made by the law firm against the Office of the Mercer County Sheriff (OMCS), which was accused of mishandling a wage garnishment related to a debt collection case.
The background: The dispute began when the plaintiff, a consumer, owed a debt which the law firm was assigned to collect. The law firm, acting on behalf of the creditor, filed a lawsuit against the plaintiff, and she failed to respond. The court granted a judgment in the amount of $2,028.87. Following the judgment, the court issued an order for wage execution in January 2023, allowing the law firm to garnish the plaintiff’s wages in order to satisfy the debt.
- In February 2023, the plaintiff made a payment of $2,114.82, believing this payment fully satisfied the judgment.
- As a result of the garnishment orders, $2,475 was ultimately deducted from the plaintiff’s wages.
- The plaintiff sued the law firm, accusing it of violating the Fair Debt Collection Practices Act. The law firm then filed a third-party complaint against OMCS, accusing it of negligence and failing to follow the instructions that the firm provided.
- The law firm alleged it corresponded with OMCS three times regarding the satisfaction of the judgment.
The ruling: Judge Wigenton granted OMCS’s motion to dismiss, ruling that it acted within its authority by enforcing the wage garnishment as per the court’s orders. OMCS was found to be immune from the law firm’s claims under New Jersey’s Tort Claims Act, which grants qualified immunity to public officials performing their duties in good faith.
- The judge found that OMCS’s actions were reasonable and in compliance with the law, particularly since the law firm did not take the necessary steps to amend the garnishment orders following the payments made by the plaintiff.
