• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Won judment in Boulder City NV, Trying to Levy bank account in Warsaw, IN.

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Rye

Junior Member
I have won a judgment against someone in boulder city NV & have tried to Levy there bank account (I have there account number) but there bank & account is located in Warsaw, IN. I have received a letter back from the bank stating "The Indiana law states that Navada writ to garnishment has no validity in Indiana. Judgement of garnishment orders from courts of other states must apply to an Indiana court of "domestication.""
What can I do to garnish there account if I have already won a judgement against them in the state where the business transaction was made?
 


TheGeekess

Keeper of the Kraken
I have won a judgment against someone in boulder city NV & have tried to Levy there bank account (I have there account number) but there bank & account is located in Warsaw, IN. I have received a letter back from the bank stating "The Indiana law states that Navada writ to garnishment has no validity in Indiana. Judgement of garnishment orders from courts of other states must apply to an Indiana court of "domestication.""
What can I do to garnish there account if I have already won a judgement against them in the state where the business transaction was made?
Your answer is bolded. :cool:
 

Rye

Junior Member
Your answer is bolded. :cool:
So I pretty much HAVE to open ANOTHER claim against this person in Indiana?
I don't see how this would work because I am located in California & his business is located in Nevada but his bank is located in Indiana......
I served him in the state is business is running out of......
 

Zigner

Senior Member, Non-Attorney
So I pretty much HAVE to open ANOTHER claim against this person in Indiana?
I don't see how this would work because I am located in California & his business is located in Nevada but his bank is located in Indiana......
I served him in the state is business is running out of......
Check Steve's link.
 

sandyclaus

Senior Member
So I pretty much HAVE to open ANOTHER claim against this person in Indiana?
I don't see how this would work because I am located in California & his business is located in Nevada but his bank is located in Indiana......
I served him in the state is business is running out of......
The part you don't understand is that a judgment is generally only enforceable in the state in which it is entered. You got the judgment in Nevada, which means you can only enforce the judgment in Nevada. While the business is operated in Nevada, if his bank account isn't also held in Nevada, then you can't collect from the judgment debtor's bank in Indiana.

What you need to do is domesticate, or have the local courts in Indiana enter a sister-state judgment, which allows the judgment you obtained in another state to be enforceable in Indiana. Steve has provided a link which tells of the process.
 

latigo

Senior Member
I have won a judgment against someone in boulder city NV & have tried to Levy there bank account (I have there account number) but there bank & account is located in Warsaw, IN. I have received a letter back from the bank stating "The Indiana law states that Navada writ to garnishment has no validity in Indiana. Judgement of garnishment orders from courts of other states must apply to an Indiana court of "domestication.""
What can I do to garnish there account if I have already won a judgement against them in the state where the business transaction was made?
First I suggest that you become acquainted with the implications of EXTRATERRITORIAL JURISDICTION as it applies to state governments.

Next, try reading Indiana’s adoption of the "Uniform Enforcement of Foreign Judgments Act" as codified at Section 34-54-11 et seq. of the Indiana Statutes.

Then if you are so disposed as to incur the expense and suffer the inconvenience of attempting to have your judgment domesticated as a foreign judgment in Indiana, be prepared to show by legal authority and the Nevada court’s record how it managed to exercise personal jurisdiction over the named judgment debtor.

Because unless you can establish that the Nevada court had obtained personal jurisdiction over your defendant, neither Indiana or any other sisters state is required to grant “full faith and credit” to your Nevada judgment.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top