Demesticating a judgment to Georgia

[zebolan]

What is the name of your state? Georgia
O.C.G.A. §44-13-120 contains As against a domesticated judgment from another state, a judgment debtor resident in Georgia shall be entitled to assert, in addition to any other exemption under Georgia law, an exemption from levy and sale and any other process equal to the exemption which would be provided to the judgment debtor by the law of the state in which the judgment was entered if the judgment debtor were a resident of that state. https://law.justia.com/codes/georgia/2010/title-44/chapter-13/article-3/44-13-120


I am judgment debtor from Texas. In Texas, my salary, homestead, Roth IRA, etc. are fully exempted from garnishment/attachment from creditor. I am planning to move to Georgia to take up a new job, and may buy a home also in Georgia. In Georgia, whether my salary, home, Roth IRA will be exempted from the creditor, once I am a resident in Georgia, in the same way they are exempted in Texas if the creditor domesticates the Texas judgment in Georgia?

 

[zddoodah]

My reading is the same as yours. It would be advisable to research relevant case authority.

Also note that IRAs and other ERISA guaranteed investments are exempt under federal law, so that part of it doesn't matter.

 

[quincy]

What is the name of your state? Georgia
O.C.G.A. §44-13-120 contains As against a domesticated judgment from another state, a judgment debtor resident in Georgia shall be entitled to assert, in addition to any other exemption under Georgia law, an exemption from levy and sale and any other process equal to the exemption which would be provided to the judgment debtor by the law of the state in which the judgment was entered if the judgment debtor were a resident of that state. https://law.justia.com/codes/georgia/2010/title-44/chapter-13/article-3/44-13-120


I am judgment debtor from Texas. In Texas, my salary, homestead, Roth IRA, etc. are fully exempted from garnishment/attachment from creditor. I am planning to move to Georgia to take up a new job, and may buy a home also in Georgia. In Georgia, whether my salary, home, Roth IRA will be exempted from the creditor, once I am a resident in Georgia, in the same way they are exempted in Texas if the creditor domesticates the Texas judgment in Georgia?

I agree with doodah. If the Texas judgment is domesticated in Georgia, it sounds like you will be able to claim the Texas exemptions. You should verify this with a lawyer in Georgia.

 

[adjusterjack]

It would be advisable to research relevant case authority.

I searched google scholar and the internet for any litigation involving that statute number. I came up empty. I'm guessing it has not been litigated because says what it means and means what it says.

By the way, the link was to the 2010 statute. The 2020 version is the same.

Georgia Code § 44-13-120 (2020) - Rights of Georgia Residents :: 2020 Georgia Code :: US Codes and Statutes :: US Law :: Justia

 

[zebolan]

Thanks so much. By the way, Roth IRAs are not protected fully in all states, and GA is one among them, but roth IRA is protected in Texas. https://www.irafinancialgroup.com/learn-more/self-directed-ira/ira-asset-and-creditor-protection/

I have Roth IRA account opened in Texas several years ago. Once I move to GA and contribute to roth IRA then will that new contributions to roth IRA be treated/exempted as if they are exempted in Texas?

 

[adjusterjack]

Once I move to GA and contribute to roth IRA then will that new contributions to roth IRA be treated/exempted as if they are exempted in Texas?

You might ask the same question about buying a new home in Georgia.

Will any asset newly acquired after moving to Georgia share the same Texas exemptions?

I don't know. And I haven't found any Georgia case law on the statute.

Maybe you should consider remaining in Texas.

Or pay the judgment so you wouldn't have to worry about these things.

 

[zebolan]

Paid to an attorney and talked to her. She said that any exemption related to the domesticated judgment from my Texas judgment will be determined based on Texas law (in addition to any other exemptions in Georgia) if I want Texas exemptions be applied in Georgia. It does not matter when I acquired that property (claiming for exemption) in Georgia is purchased/acquired by me, as long as I purchased/acquired that property in Georgia (i) once I become a resident of Georgia and (ii) I puchaded/acquired that property in Georgia after the judgment in Texas is final.

 

[quincy]

Paid to an attorney and talked to her. She said that any exemption related to the domesticated judgment from my Texas judgment will be determined based on Texas law (in addition to any other exemptions in Georgia) if I want Texas exemptions be applied in Georgia. It does not matter when I acquired that property (claiming for exemption) in Georgia is purchased/acquired by me, as long as I purchased/acquired that property in Georgia (i) once I become a resident of Georgia and (ii) I puchaded/acquired that property in Georgia after the judgment in Texas is final.

Good news for you. Thanks for the update.

 

[adjusterjack]

I sorta had a feeling that it would go that way but it's nice to see it from a paid lawyer.