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  1. #1
    Join Date
    Jun 2008
    Posts
    3

    Default Which Law Governs Garnishment?

    My question involves collection proceedings in the State of: Texas & Oregon

    I was divorced a year ago after 9 years of marriage in Texas. (we are in our mid-50's)I have lived in Texas 24 years. I incurred about $20,000 of credit card debt in the process of obtaining my graduate degree, which my ex-spouse said we could pay off by taking a second mortgage on our townhome. ($60,000 equity- she bought it before we married, but we refinanced for a better rate/term 5 years after we married.) After I graduated, she changed her mind and wouldn't sign the papers to pay of my CC debt. Ultimately, this led to our divorce.

    While I was behind on these debts, they were charged off. I have been trying to pay them off as I can, but I live in an area where the job opportunities and wages are so low that this is hard to do. As a result of my job search, I now have an opportunity to move to Oregon to work.

    In Texas I'm judgement proof, asset-wise and Texas doesn't allow garnishment. Oregon does. My question: as the debt was incurred while I was living in Texas, can they garnish my wages in Oregon? Would I be better off to file bankruptcy in Texas before I move? I would like to pay the debts off, but I don't trust collection companies to honor any settlement agreements. FYI, I am current on child shpport, student loans and taxes.

    Any help is appreciated!

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Which Law Governs Garnishment?

    If you're working in Oregon, your judgment creditor can seek a wage garnishment order from an Oregon court.

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