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collecting judgement by wage garnishment

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songboat

Member
What is the name of your state (only U.S. law)? Iowa
I am pro se filing wage garnishment against an individual who refuses to pay a judgement against him file Sept. 2010. The judgement was from Iowa small claims court. The debt occured in Iowa. The debtor reides in Iowa. The debtor is employeed in Illinios.
There are several issues in which I have found conflicting information.
1. I have found information online stating that in Iowa I had the option use a process server, the Sheriff or could serve the writ of garnishment myself to the defendants employer.
The clerk of Court in Iowa advised me that I could only use the Iowa Sheriff. Can a sheriff cross a State line to serve garnishment papers to an employer in a neighboring State?

2. The judgement was filed in Iowa. The defendant lives in Iowa. The defendant is employeed in a nearby town in Ill. The employer does have a branch office in Sioux City, Ia.

Sometime ago the clerk of Iowa court advised me that I had to refile the case in Illinois. I did go to the Court house in that County to inquire as to the process of filing in that County and they advised me that it would cost me $180.00 to file in that jurisdiction.

Do any of you know for a fact and where I can read for myself the answers to my questions. I need to collect on this debt as the debtor has made it clear in a written statement that he has no intention of paying on his own accord.What is the name of your state (only U.S. law)?
 


sandyclaus

Senior Member
What is the name of your state (only U.S. law)? Iowa
I am pro se filing wage garnishment against an individual who refuses to pay a judgement against him file Sept. 2010. The judgement was from Iowa small claims court. The debt occured in Iowa. The debtor reides in Iowa. The debtor is employeed in Illinios.
There are several issues in which I have found conflicting information.
1. I have found information online stating that in Iowa I had the option use a process server, the Sheriff or could serve the writ of garnishment myself to the defendants employer.
The clerk of Court in Iowa advised me that I could only use the Iowa Sheriff. Can a sheriff cross a State line to serve garnishment papers to an employer in a neighboring State?

2. The judgement was filed in Iowa. The defendant lives in Iowa. The defendant is employeed in a nearby town in Ill. The employer does have a branch office in Sioux City, Ia.

Sometime ago the clerk of Iowa court advised me that I had to refile the case in Illinois. I did go to the Court house in that County to inquire as to the process of filing in that County and they advised me that it would cost me $180.00 to file in that jurisdiction.

Do any of you know for a fact and where I can read for myself the answers to my questions. I need to collect on this debt as the debtor has made it clear in a written statement that he has no intention of paying on his own accord.What is the name of your state (only U.S. law)?
I think (and another senior can confirm or deny) that in order to collect a judgment in a different state than where the judgement was originally issued, that you would need to pursue a sister-state judgment and domesticate the judgment in Illinois.

You will also need to verify with Illinois debt collection laws to see if wage garnishment is a legal collection option, and if so, what the limits and/or restrictions might be on such an option.
 

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