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texast2

Guest
JetEx

What is the name of your state? Texas


I have gone to Small Claims Court. I won my case. Now I have a Default Judgement on the plaintiff.

My Question is:
How do I go about garnishing his wages? He lives in another state.

Thank you
 
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I AM ALWAYS LIABLE

Senior Member
texast2 said:
What is the name of your state? Texas


I have gone to Small Claims Court. I won my case. Now I have a Default Judgement on the plaintiff.

My Question is:
How do I go about garnishing his wages? He lives in another state.

Thank you

My response:

You go to where he works, grab him by the neck, start choking him, and then body slam him backwards to the floor - - knocking him unconscious. Then, you grab him by the ankles, lift him up, and start shaking him up and down. While the money is dropping from his pockets, make sure to keep slamming his head on the ground!

Other than that, I'm sure JetX will stop by and give you the legal procedures. I happen to like mine best, though. It's more exciting.

IAAL
 
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texast2

Guest
That is absolutely hilarious!!!!!!!!!!!!! I like that response. Lol
That was my first thought. This is the same man that has not paid his child support in 5 years. Dropping him on his head would be such a joy for me, I would almost forget the Judgement. lol lol

Thank you for your reply. I will check with the person you recomended.
 

lwpat

Senior Member
If he hasn't paid his child support you need to get in touch with the authorities in the state where he lives. There are a lot of ways to collect child support depending on state law. You can garnish his wages, attach any state or federal tax returns, and even have any business licenses he holds revoked. For example most states will now suspend a CDL drivers license for failure to pay child support.

You have a much better chance of collecting the child support than the judgement.
 
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texast2

Guest
Thanks for your reply. The Default Judgement is seperate from his child support. It was a completly diffrent case. And I am working on his CDL being suspended for his child support.

I just opened the mail and got my copy of the Default. I was wondering how to pusue it threw wage garnishment.

Thanks
 

JETX

Senior Member
Generally, I like to grab them by the ankles and hold them over the ledge of a multi-story bulding. Then shake vigorously until all their change has fallen out to my colleague waiting below. If they don't have enough change to make up the judgment, I sometimes get so mad that my grip slips and they fall. I have lost two really good colleagues that way!!

In answer to your post:
"How do I go about garnishing his wages? He lives in another state."
*** What state does he live in?? The answer is important for two reasons:
- Not all states allow wage garnishment (Texas exempts earned wages), and
- Not all states allow domestication of default judgments.

In order to get your Texas judgment so that it can be enforced on a debtor in another state, you have to go through the process of 'domesticating' that judgment into his state. Once this is done, you will have a judgment issued by a court in his state..... and use that judgment to go after his assets located in that state.
 
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texast2

Guest
Again , I love the idea's. The state that he lives in is Kentucky.
 

HomeGuru

Senior Member
JETX said:
Generally, I like to grab them by the ankles and hold them over the ledge of a multi-story bulding. Then shake vigorously until all their change has fallen out to my colleague waiting below. If they don't have enough change to make up the judgment, I sometimes get so mad that my grip slips and they fall. I have lost two really good colleagues that way!!

**A: JETX, just for my own personal edification; is there a minimum as to the number of stories the building must be?
Would a walk-up 2-3 story garden apartment building suffice? Or are you talking a high rise stucture?
 

JETX

Senior Member
"The state that he lives in is Kentucky."
*** Kentucky has the following wage exemption:
"75% of disposable income or 30 times the federal minimum hourly wage (whichever is greater)."

As for domesticating the Texas judgment into Kentucky:
Kentucky Revised Statutes:
"426.955 Filing and status of foreign judgments.
A copy of any foreign judgment authenticated in accordance with the Act of Congress or the statutes of this state may be filed in the office of the clerk of any court of competent jurisdiction of this state. The clerk shall treat the foreign judgment in the same manner as a judgment of any court of this state. A judgment so filed has the same effect and is subject to the same procedures, defenses and proceedings for reopening, vacating, or staying as a judgment of a court of this state and may be enforced or satisfied in like manner."

426.960 Notice of filing.
(1) At the time of the filing of the foreign judgment, the judgment creditor or his lawyer shall make and file with the clerk of the court an affidavit setting forth the name and the last known post office address of the judgment debtor, and the judgment creditor.
(2) Promptly upon the filing of the foreign judgment and the affidavit, the clerk shall mail notice of the filing of the foreign judgment to the judgment debtor at the address given and shall make a note of the mailing in the docket. The notice shall include the name and post office address of the judgment creditor and the judgment creditor's lawyer, if any, in this state. In addition, the judgment creditor may mail a notice of the filing of the judgment to the judgment debtor and may file proof of mailing with the clerk. Lack of mailing notice of filing by the clerk shall not affect the enforcement proceedings if proof of mailing by the judgment creditor has been filed.
(3) No execution or other process for enforcement of a foreign judgment filed hereunder shall issue until twenty (20) days after the date the judgment is filed.

426.965 Stay.
(1) If the judgment debtor shows the court that an appeal from the foreign judgment is pending or will be taken, or that a stay of execution has been granted, the court shall stay enforcement of the foreign judgment until the appeal is concluded, the time for appeal expires, or the stay of execution expires or is vacated, upon proof that the judgment debtor has furnished the security for the satisfaction of the judgment required by the state in which it was rendered.
(2) If the judgment debtor shows the court any ground upon which enforcement of a judgment of any court of this state would be stayed, including the ground that an appeal from the foreign judgment is pending or will be taken, or that the time for taking such an appeal has not yet expired, the court shall stay enforcement of the foreign judgment for an appropriate period until all available appeals are concluded or the time for taking all appeals has expired, upon requiring the same security for satisfaction of the judgment which is required in this state, subject to KRS 411.187.

426.970 Filing fee.
A person filing a foreign judgment shall pay to the clerk of the court the amount as otherwise provided by law for filing suit in the courts of this state.

426.975 Right to bring action unimpaired.
The right of a judgment creditor to bring an action to enforce his judgment instead of proceeding under KRS 426.950 to 426.975 remains unimpaired."
Source for the above: http://www.lrc.state.ky.us/KRS/426-00/CHAPTER.HTM

Simply contact the Kentucky court (located in his current home county) and ask them what they need to domesticate a Texas judgment. They will advise you to submit an ORIGINAL 'exemplified certified' copy of the Texas judgment to them with a filing fee, affidavit and petition. Send them by certified US mail.
 
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JETX

Senior Member
Originally posted by HomeGuru JETX, just for my own personal edification; is there a minimum as to the number of stories the building must be?
Would a walk-up 2-3 story garden apartment building suffice? Or are you talking a high rise stucture? [/B]
Personally, I determine the height of the building by the height of the 'hangee'. If they are less then 5'-8", I usually find that a 4 story 'hang' is sufficient to get their attention. Though I need to add, that I did have one case where a person under 5'-4" didn't 'cough it up' until they were dangled from the sixth floor. Seemed that her jeans were too tight and the change just wouldn't come out. I had to pull her pockets out. The breeze was so high, and those little pockets flapping acted just like wings. The 'little darling' actually sailed two blocks away. She did manage to get two loop-to-loops and one full 'hammer-head stall' in before she impacted.
 
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hexeliebe

Guest
Apologies to Loudon Wainwright III but sounds like ...

"DEAD SKANK IN THE MIDDLE OF THE ROAD"! :D
 
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texast2

Guest
You all crack me up with your comments. They are all very good idea's.

Thank you Jetex , I will start working on that.
 

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