What about a domestication of a foreign state wage garnishment? Can I? Should I? If so, then how?
From time to time I have implemented wage garnishments to gain money owed to me by my judgment debtors. In some of these situations the employer of my judgment debtor has been located outside of the state where my judgment was issued. In some cases my judgment debtor physically worked outside of the state. In other situations, he worked inside the same state, but the employer was located in another state.
Realise that laws and rules about wage garnishment are diverse in the different states that even allow wage garnishment. It would be wise to consult the garnishment laws that apply in the state in question. You can access garnishment laws by state by following this link.
What I write here is not to be construed as legal or professional advice for anyone else in their particular situation. I can only advise you to consult the laws, applicable rules of court, and seek the assistance of a good judgment attorney. Nevertheless, I will share my practical experience.
I have found that most employers are aware of the existence of wage garnishments, where this post judgment enforcement remedy is allowed. Therefore they usually don’t balk at following the garnishment order when they receive it. I have found that most foreign state employers as garnishees will automatically obey a wage garnishment order that originates from out of state, just the same as they do for one originating in the same state. The staff that processes payroll and handles things like wage garnishments for an employer typically do not question the garnishment order. I believe that they are so used to responding properly to in-state wage garnishments, that they treat an out of state garnishment with the same respect as to its authority.
If my judgment debtor and his employer don’t question the validity of my wage garnishment then I assume that the proper amount of money will be calculated and withheld as the documents instruct.
It honestly has not been a problem for me. Having an out of state employment situation facing me with regards to wage garnishments has worked out fine for me. I have not had to consider having to domesticate my judgments into the other state. I know my personal experience does not include every state and every employer. But, that has been my experience. To be honest, as long as I ultimately get my judgment money, I am more than happy to not have my wage garnishment situations overly complicated with foreign state jurisdictional issues. Whether to domesticate my judgment or not doesn’t even enter my thinking.
Hey, the bottom line is the bottom line, isn’t it? I get my money, and I am satisfied.
This has been my opinion and my experience. I hope it encourages you.
You might want to check this other article about the subject of discovering a judgment debtor’s employer so that a wage garnishment can be commenced. Click here to go there.