Can wages be garnished by an out of statelawyer?

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Can wages be garnished by an out of statelawyer?

Both a you and lawyer are residents of one state but your are working for an employer in another state. This is regarding a debt owed to a credit card company.

Asked on January 19, 2012 under Bankruptcy Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Yes, an out-of-state attorney or creditor can garnish your wages, if you  owe money and there is a judgment against you. The mechanism for doing so is slightly different depending on where the judgment is from (e.g. your own state or another state), and some other aspects of process may also differ (for example, how papers are served on you), again depending on the location of the other parties and where legal action is initiated, but that's just procedural: it doesn't change the fact that your wages may be garnished.

Note that the critical factor is whether your state allows wage garnishments--there are a few states, like Texas and North Carolina, which do not allow wage garnishment except for certain special kinds of debt (e.g. child support, taxes). If your state doesn't allow wage garnishment, then it does not matter where the attorny or creditor is  located.


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