Can I use a money judgment issued from a court in one state to garnish the defendant’s income tax refund in another state?
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Can I use a money judgment issued from a court in one state to garnish the defendant’s income tax refund in another state?
About 2 years ago in MI, I received a money judgement in my favor against a tenant who moved has since moved to OR. However I never received any money nor have yet taken any collection action. Can I still garnish her income tax refund over in OR using the same money judgment issued from a civil court in MI?
Asked on August 1, 2011 Michigan
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Whether or not you are able to levy upon a former tenant's income tax return who resides in another state as to her state tax return as a result of a judgment against the tenant depends upon whether or not the state where the judgment debtor resides affords full faith and credit to your state of a "sister judgment".
To determine whether or not the state of Oregon recognizes a Michigan judgment you need to conduct research as to this issue.
One way to possibly ascertain this is to contact the court clerk in the county where the the tenant resides in Oregon and see if a sister state judgment would be recognized from Michigan and if so, what documents need to be completed to start the levy process in Oregon.
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