Results 1 to 5 of 5

Hybrid View

  1. #1
    Join Date
    Nov 2008
    Posts
    3

    Default Wage Garnishment

    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?

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Wage Garnishment

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

  3. #3
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Wage Garnishment

    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.

  4. #4
    Join Date
    Nov 2008
    Posts
    3

    Default Re: Wage Garnishment

    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?

  5. #5
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Wage Garnishment

    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.

    1. Sponsored Links
       

Similar Threads

  1. Debt Collectors: Wage Garnishment
    By ff7jordan23 in forum Debts and Collections
    Replies: 10
    Last Post: 04-25-2011, 09:35 PM
  2. Compensation and Overtime: Wage Garnishment
    By d3ranch in forum Employment and Labor
    Replies: 3
    Last Post: 09-05-2009, 04:40 AM
  3. Garnishment and Execution: Wage Garnishment
    By mjl1976 in forum Civil Procedure
    Replies: 1
    Last Post: 07-18-2009, 09:26 AM
  4. Collection and Enforcement: Wage garnishment
    By divine_design_21 in forum Child Custody, Support and Visitation
    Replies: 3
    Last Post: 11-02-2006, 10:03 AM
  5. Social Security Issues: Wage Garnishment and SSI
    By SCOEN in forum Social Security Law
    Replies: 1
    Last Post: 03-24-2006, 11:05 AM
 
 
Sponsored Links

Legal Help, Information and Resources