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Wage garnishment out of state employer question


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So I live in NC and was sued in NC and have a judgement against me from my local NC court. My employer is based in NJ, its a big company and we we locations around the country. I am based out of one in NC and have been since I started 10+ years ago. 

 

Now in NC you cannot get a wage garnishment for anything but taxes and child support. However in NJ you can for CC debt which is what the judgement is for. My understanding is that since I am a resident of NC they cannot ask NJ to wage garnish unless I am a resident of NJ which I am not nor have ever been and they cannot sue me in NJ since I am not a resident there either. 

 

Am I correct on this?

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I don't think so, I seem to remember that if an employee's paycheck is generated in another state it can be garnished in that state and the money sent to the creditor. Read your statutes concerning garnishment, it should be explained therein.

 

A situation as you suggest would leave a creditor with no recourse whatsoever to collect a debt. That is not the intent of the legislature.

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North Carolina does not allow for wage garnishment (outside taxes, child support). That is where I live and that is there the lawsuit was and the judgement ordered. Wouldn't the collection agency have to follow NC law? I already did the exclusions thing and the sheriff called me. Basically told me he did not see any assets and they don't do wage garnish either, but they could go after bank accounts if they know where they are. 

 

So I am not trying to avoid these forever but I need to wait until 2021 to resolve them. In about 20 months I should be able to settle whatever judgments I have then. Hopefully for 50% or so. 

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20 hours ago, Klesko said:

So I live in NC and was sued in NC and have a judgement against me from my local NC court. My employer is based in NJ, its a big company and we we locations around the country. I am based out of one in NC and have been since I started 10+ years ago. 

 

Now in NC you cannot get a wage garnishment for anything but taxes and child support. However in NJ you can for CC debt which is what the judgement is for. My understanding is that since I am a resident of NC they cannot ask NJ to wage garnish unless I am a resident of NJ which I am not nor have ever been and they cannot sue me in NJ since I am not a resident there either. 

 

Am I correct on this?

Since the judgement was issued in NC you should be fine.  They would have to file in NJ to seek garnishment (and I'm surprised they didn't go that route to begin with).  Now that they've filed in NC you should be able to counter/fight any claim in NJ as being an inconsistent judgement given previous actions taken in another state and should be able to prevent it from progressing. 

 

However, had the company initially filed in NJ and then petitioned for garnishment to your NJ based employer, then this would be a completely different conversation and much more difficult to deter.

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48 minutes ago, gerray said:

Since the judgement was issued in NC you should be fine.  They would have to file in NJ to seek garnishment (and I'm surprised they didn't go that route to begin with).  Now that they've filed in NC you should be able to counter/fight any claim in NJ as being an inconsistent judgement given previous actions taken in another state and should be able to prevent it from progressing. 

 

However, had the company initially filed in NJ and then petitioned for garnishment to your NJ based employer, then this would be a completely different conversation and much more difficult to deter.

 

I didn't think you could sue someone for cc debt outside the area they live in? I mean it wouldn't be reasonable to assume I could travel up to NJ to defend myself in court. 

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38 minutes ago, Klesko said:

 

I didn't think you could sue someone for cc debt outside the area they live in? I mean it wouldn't be reasonable to assume I could travel up to NJ to defend myself in court. 

If you had ever provided the creditor with a NJ address, OR a NJ address appeared on your credit report at the time of the legal filing they could argue they felt you resided there in good faith.  However, that seems to be a moot point as you previously stated you have never lived in NJ and thus should have been able to ward off any legal proceedings in that state - and wouldn't be able to be successfully served in NJ either.

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