Wage Garnishment

[howard]

My question involves judgment recovery in the State of: Arizona
Civil judgment in 2001 in Arizona. Debtor now lives and works in Florida. Employer does business in both states, but payroll is located in Florida. Writ of Garnishment for wages was served on Arizona branch. Can this be done or does the creditor need to file something in Florida where debtor resides?

[LawResearcherMissy]

It's my understanding that the writ needs to be filed where the debtor resides.

[Betty3]

You will need to file with the court in the county in Fl. where the employer is located.

The federal wage garnishment law applies in Fl. unless the debtor is head of household - then 100% of wages are exempt from garnishment.

The federal law is (though there are some exceptions): wage garnishment - (1) 25 per centum of his disposable earnings for that week, or
(2) the amount by which his disposable earnings for that week exceed thirty times the Federal minimum hourly wage prescribed by section 206 (a)(1) of title 29 in effect at the time the earnings are payable,
whichever is less.

[howard]

I assume that even though the employer has a registered agent or in this case statutory agent in (Arizona) the judgment would have to be domesticated in Florida, before garnishment of wages for a debtor that is a resident and working in Florida. Is this correct and is it difficult to domesticate a judgment from one state to the other?

[Betty3]

You would have to domesticate/register the judgment with the clerk of a court of competent jurisdiction in Fl. It usually is not hard to do.

Remember, in Fl. if the debtor is head of household, wages cannot be garnished.