Garnishments, Judgements and Moving
Posted by romansdupedme@reddit | studentloandefaulters | View on Reddit | 3 comments
I plan on asking a lawyer about this hypothetical, mainly because I’m curious.
If you get a judgement and your wages are garnished, you can move to four states that do not garnish. But it seems that only one state (South Carolina) doesn’t garnish no matter where the debt was incurred. Or does the other three (N. Carolina, Penn, Texas) also stop the garnishment from out of state debt? It seems murky for those three.
If you moved to one of these states, and the judgement was out of state, could they come for your home, say ten years from winning the judgement out of state? How long does the judgement last? Assuming they can garnish until the debt is paid, if the garnishment ends (because you moved), does the SOL ever restart? Is the judgement forever, even if the couldn’t take assets when they won? If you moved to a garnish free state, had a previous judgement, can they come for your future assets?
I’m sorry if that’s confusing.
Imwhytherumisgone@reddit
If you were to switch jobs and/or move to a different state then a creditor would have to have a debt "domesticated" to your new state of residence in order to have it be enforce it. IANAL but my understanding is that of an out of state debt were to be domesticated then it would be subject to the debt collection laws of your new home state. So if you were to move to any of the 4 states above then wage garnishment would be off the table.
I believe this may vary by state but court judgements usually have to he renewed every 5 years and typically expire after 20 years.
Hope this partially answers your question
romansdupedme@reddit (OP)
Does IANAL mean “I am not a lawyer”? If so, I’m good at guessing stuff.
Anyway, thanks for dropping some knowledge. I didn’t realize judgements eventually expire. It’s hard to find whether or not the other three states will enforce old judgements or not.
raakgu@reddit
No. It's Apple's version of ANAL.