Legal Question in Credit and Debt Law in Virginia

Wage garnishment for small claims court judgment
I sued someone in NC small claims court and won a judgment against him. NC laws do not allow me the option to garnish wages if he doesn't pay up. I have reason to belive be has moved to the state of Virginia and after some research I have discovered they do have garnishment laws that would allow me to do so. My question is this: Can I go after his wages under VA'S laws even though the judgment was held in NC courts? If so, would I need to contact NC or VA and what department of courts would that be? Thank You.

Asked on 7/07/05, 4:54 pm

Jonathon Moseley Jonathon A. Moseley

0 users found helpful

0 attorneys agreed

Re: Wage garnishment for small claims court judgment

Yes, under Virginia law you can garnish wages.

If you have a judgment in other state you

must "domesticate" the judgement by filing

it in Circuit Court in Virginia in the County

where the debtor lives.

Once you have a judgment in Virginia, based on

the NC judgment, you can collect on the judgment

in the same manner as any other judgment.

It is possible that the defendant could object

that the judgment would not allow garnishment

in NC, but this would be a rather uncertain

question and the judge would have to decide.

It would be a reasonable action for you to take

under Virginia law, and it would be certainly

reasonable to attempt it.

Answered on 7/07/05, 10:27 pm

Keywords

Match Any Match All

Country

State

Area of Law