Legal Question in Civil Litigation in Washington

Judgment in another state & options for collection

While not yet confirmed, I believe a default judgment against me has been entered in WA though I reside in AK.

1) Can that judgment be enforced? If yes, how?

2) Can the prevailing party (an incarcerated individual) obtain a Writ of Garnishment?

3) If yes, is he legally allowed to obtain a copy of my credit report to do so?

4) What options do I have to stop that process, if any?


Asked on 12/07/03, 2:08 pm

1 Answer from Attorneys

Peter James Law Office of Peter James

Re: Judgment in another state & options for collection

1) yes, a judgement can be entered against you regardless of where you reside, BUT, the court entering it must have jurisdiction over you - the typical way this is done is by service of process (ie. a process server hands you a summons & complaint). Rarely, process may be served by publication. Through reciprocity judgement could be enforced in Alaska just like an Alaska judgement - garnishments etc... 2)I'm not aware of anything that would limit an incarcerated persons ability to enforce a civil judgement - so, yes he should be able to collect on the judgement. 3) I do not know whether he could obtain your credit report as a judgement holder. As a practical matter, if he had your social security number, then it would not be difficult to obtain - regardless of entitlement. 4) If the judgement has no merit - either bad service or the underlying facts or both - I would move to have the default vacated. You may be able to do this yourself, but I would suggest getting a lawyer. Let me know if I can help. Pete James 206-261-4174

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Answered on 12/07/03, 4:30 pm


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