Cookiedude
Junior Member
What is the name of your state (only U.S. law)? Texas
Hello folks,
Background: A roommate of mine took my vehicle without permission, and subsequently totaled it. I only had liability on the truck at the time, as I was not legally able to drive. From time to time, I'd allow him to utilize the vehicle to get to and from work; however, this was not one of those times. I live in Harris county, however the truck was totaled in Montgomery county (a neighboring county), as he attempted to flee with it. A police report was filed immediately after he loaded all of his belongings into the truck and took off. However, the cops told me that as I knew the individual, it was highly unlikely the DA would press charges and I'd be left with civil options.
This occurred in December of 2015. I have since figured out where he now lives (Atlanta, Georgia), and where he works. Therefore, it now makes sense to me to file a lawsuit and attempt to garnish his wages (see more below). Before this point in time, being unable to find him and realizing he'd be unable to pay a judgement anyway, it made no sense.
My questions are these:
1)Do I file in the county in which the totaling of the vehicle took place or in the county where the vehicle was housed and I lived at the time (I have since moved to Montgomery County, but live in Harris).
2)Will the courts have jurisdiction over the case as it occurred when we both lived in Harris county and on Texas roadways, or does the fact he ran away to Georgia change this?
3)I realize Texas does not allow wage garnishment for these types of judgements. However, Georgia does. Can I domesticate my judgement in Georgia and enforce wage garnishment through Georgia?
If there is any additional information you need, please let me know. Thank you.
Hello folks,
Background: A roommate of mine took my vehicle without permission, and subsequently totaled it. I only had liability on the truck at the time, as I was not legally able to drive. From time to time, I'd allow him to utilize the vehicle to get to and from work; however, this was not one of those times. I live in Harris county, however the truck was totaled in Montgomery county (a neighboring county), as he attempted to flee with it. A police report was filed immediately after he loaded all of his belongings into the truck and took off. However, the cops told me that as I knew the individual, it was highly unlikely the DA would press charges and I'd be left with civil options.
This occurred in December of 2015. I have since figured out where he now lives (Atlanta, Georgia), and where he works. Therefore, it now makes sense to me to file a lawsuit and attempt to garnish his wages (see more below). Before this point in time, being unable to find him and realizing he'd be unable to pay a judgement anyway, it made no sense.
My questions are these:
1)Do I file in the county in which the totaling of the vehicle took place or in the county where the vehicle was housed and I lived at the time (I have since moved to Montgomery County, but live in Harris).
2)Will the courts have jurisdiction over the case as it occurred when we both lived in Harris county and on Texas roadways, or does the fact he ran away to Georgia change this?
3)I realize Texas does not allow wage garnishment for these types of judgements. However, Georgia does. Can I domesticate my judgement in Georgia and enforce wage garnishment through Georgia?
If there is any additional information you need, please let me know. Thank you.
