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UNITED JERSEY BANK/SOUTH v. CAMERA

271 N.J. Super. 387 (1994)

638 A.2d 913

UNITED JERSEY BANK/SOUTH, N.A., PLAINTIFF-APPELLANT, v. JEANETTE M. CAMERA AND THEODORE E. CAMERA, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided March 18, 1994.

Attorney(s) appearing for the Case

Greenberg, Shmerelson, Weinroth & Miller, attorneys for appellant (John C. Miller, III, on the brief).

No brief filed on behalf of respondents.

Before Judges KING, HAVEY and ARNOLD M. STEIN.

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...

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