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sued in Iowa transferred judgement to IL

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smithj0891

Junior Member
What is the name of your state? Iowa

I sued someone in Iowa and transferred the judgement to Illinois where the person is working. They are an Iowa resident. I did this so I could garnish their wages because the company they work for a company that has a branch in Illinois. I transferred the judgement to Illinois and then filed the appropriate paperwork but the company did not process the garnishment/wage deduction because they do their payroll out of their headquarters in Georgia. I am wondering if they have to honor this wage deduction order no matter what state it comes from if they are operating a branch facility in Illinois? Will I have to transfer the judgement to Georgia which will cost more money? Can I call the company and threaten to sue them if they do not process the wage deduction order?

Thanks
 


dcatz

Senior Member
Interesting questions. I think that you have to consult with IL counsel (which may cost more than simply domesticating in GA, which may be something that you have to do anyway, after the consultation). I don’t find the answer by reviewing IL statutes, and really didn’t expect too. I think that you have to look at case law or make new law.

Let me offer the closest analogy that I know: TX is one of 4 states that don’t permit wage garnishment, but a TX Appeals Court held that the wages of an employee of the TX branch of a MI company could have wages garnished because they originated out of the payroll department at the HQ in MI. The Court was relying on the fact that MI was the employer for all practical purposes and allowed garnishment. You’ve added one more state to the equation but, following that logic, if GA is the employer (in the sense of responsibility for all administrative and HR functions), I would say that you needed a GA judgment. Hope that you don’t, but I wouldn't sue until I was sure.
 

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