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  #1  
Old 12-17-2008, 08:02 PM
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Question

Live and work in TX through a company based in New Jersey and being sued in Louisiana


I have been living and working in Texas as a contractor through my employer based in New Jersey for the last 3 yrs.
Before that I went to school in Louisiana where I owned a credit card. Now I am being sued in a court of Louisiana for the same credit card.
What Garnishment rules or Bank seize rules would apply for me.

I am dealing with the Lawyer who sent me the summons but he is not ready to negotiate.
He want Balance + 23.99 Interest + Attorney fees.

What If, I just stop communicating with him and let him go to court and settle.

THANKS IN ADVANCE
  #2  
Old 12-17-2008, 11:07 PM
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What Garnishment rules or Bank seize rules would apply for me.

Interesting. Texas doesn’t permit garnishment, but there is case law to the effect that the wages of a TX worker were subject to garnishment if there was an out-of-state employer and wages were paid from the employer’s home office in a state that permitted garnishment. The state was MD and MD garnishment rules, including exemptions applied. If that’s your situation, NJ rules would apply. If you’re employed in TX and paid from TX, garnishment isn’t allowed.

TX rules would have to apply to the bank account seizure, and it would require domestication of the judgment, unless you bank with a national bank that has a presence in LA and would honor a seizure initiated in LA. Even if that were the case and domestication wasn’t necessary, TX rules, exemptions and the manner of asserting them would apply.

What If, I just stop communicating with him and let him go to court and settle.

What are you asking and what makes you think anything like that (“go to court and settle”) would happen? The court won't order a settlement.
  #3  
Old 12-18-2008, 12:08 AM
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I mean Court order not settlement


Thanks for the reply.
I am not saying that Court will settle. What I mean is, Lets see what court will say.
  #4  
Old 12-18-2008, 12:22 AM
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Join Date: Oct 2005
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In all likelihood, all the court will do is enter judgment as prayed, particularly if you're a non-participant.

The leverage that you have to negotiate now is the fact that, under your scenario, the judgment will have to be domesticated in one and perhaps two states with all the extra expense that entails.
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