Garnished Wages

[impish6]

What is the name of your state?What is the name of your state? VA

If an individual obtains a judgement from the court for personal debt owed, can this judgement be used to force wage garnishment on a self-employed individual? If so, how would this be enforced? Does jurisdiction play a role in this? ex: Judgement obtained in Florida against an individual residing in Virginia

 

[I AM ALWAYS LIABLE]

What is the name of your state?What is the name of your state? VA

If an individual obtains a judgement from the court for personal debt owed, can this judgement be used to force wage garnishment on a self-employed individual? If so, how would this be enforced? Does jurisdiction play a role in this? ex: Judgement obtained in Florida against an individual residing in Virginia

My response:

First of all, I need some information from you.

1. How much is the judgment?

2. What were the circumstances of the litigation; i.e., what happened between you and the plaintiff?

3. Is the plaintiff a private party, a company, a corporation?

4. What contacts do you have with the State of Florida; e.g., do you do business, or do you have real estate, or bank accounts, within that State, etc.?

5. Describe your self-employed business; e.g., you work out of your home, a store front, an office?

6. Do you have receivables?

7. Do you maintain a stock of goods for your business?


IAAL

 

[JETX]

"If an individual obtains a judgement from the court for personal debt owed, can this judgement be used to force wage garnishment on a self-employed individual?"
*** Not really. However, the judgment creditor could ask the court to issue a 'turnover order' to your 'clients' to send your money to the court.

"If so, how would this be enforced?"
*** See above.

"Does jurisdiction play a role in this? ex: Judgement obtained in Florida against an individual residing in Virginia"
*** Yes. The Florida judgment would have to be domesticated into Virginia, and then use the Virginia judgment to enforce against assets you have in that state.

 

[impish6]

First of all, I want to thank both of you for responding to my question. I realize it is difficult to give advice on a situation where the details are not known. The situation itself is very confusing and almost Jerry Springerish!! I'll do my best to explain it:

My fiancee ( George ) recieved a letter from his former step-mother stating she was going to seek legal action against him for the money he owes her. She uses a promissory note NOT between her and George, but between her ex-husband (George's father) and one of George's friends for a boat. There is alot of he-said she-said going on about this note. It was paid (the father has the reciept) but George's father failed to get the note back from her and now she is using it against George. (I'm not sure how). He does owe her money....and he has verbally agreed to pay it back to her, she has said she would be patient and work with him. Now she is saying she never agreed to anything and she wants the money paid in full, (13,000) or she is going to get a judgement against him.
George works in Virginia and is a sales rep for a food distribution company. He is self-employed and has no assets, no bank account, nor does he own a home. All banking that is done is through me and my bank account. She is threatening to garnish his wages and we are wondering if it is possible.
I know this sounds SOOO confusing, it is for me as well. George is considering a counter suit due to other criminal acts committed my his ex step-mother, but that is another story. We would just like to know what she can do to us.

 

[JETX]

Sorry, but with that.... I will bow out.
It is against my principles to help someone to screw someone else over a debt. And clearly, that is what is happening here. Maybe not between 'George' and his mother (even though he seems to acknowledge he owes her something!), but more likely another creditor or tax agency. Otherwise, why would he be 'laundering' his cash by running it through YOUR bank account ("All banking that is done is through me and my bank account") and your helping him do it???

Clearly, there is more to this than is being told..... and I hope that the rightful creditors screw him (and you) to the wall.
Other than that, have a hap-hap-happy day!!

 

[impish6]

In response to JETX

I am NOT laundering money through my bank account. My fiancee deposits his paychecks in my account because he doesn't have one. I then write checks to pay his cell phone bill, car payment, etc... I wasn't aware this was considered money laundering. Maybe I'm wrong....you seem to think you have it all figured out. I thanked you for your imput before, but I don't think you should use this forum for opportunities to put other people down and be simply nasty to them. If you don't want to answer a question or be involve...DON'T.

 

[JETX]

"My fiancee deposits his paychecks in my account because he doesn't have one."
*** Gee, and why do you think that a grown man, with his own source of income, would make the decision to NOT have a bank account?? Do you think it might be due to him wanting to hide money from someone?? Or maybe because he can't write his name??
I really can't think of any other reasons..... especially with all the offers of 'free checking' that are out there.

 

[BelizeBreeze]

In response to JETX

I am NOT laundering money through my bank account. My fiancee deposits his paychecks in my account because he doesn't have one. I then write checks to pay his cell phone bill, car payment, etc... I wasn't aware this was considered money laundering. Maybe I'm wrong....you seem to think you have it all figured out. I thanked you for your imput before, but I don't think you should use this forum for opportunities to put other people down and be simply nasty to them. If you don't want to answer a question or be involve...DON'T.

LISTEN UP MARY, I'm NOT going to use the "P" word

First off, your complicity in helping your fiance cash his checks COULD very well get your account frozen while the court settles this matter. Remember, even with computers there is a papertrail. And all Momma has to do if you tick her off enough is to get a subpoena for your bank records.

OR, how about a subpoena for HIS tax returns.

OR, bring you into the suit for helping him to hide assets.

OR....oh hell, nevermind. If you don't get the message by now you never will.

He is hiding money. PERIOD. Whether or not you want to realize that BEFORE you get married is your choice. But, remember, it doesn't take a genius (or a competent judge) to trace the money and freeze the account it's in. Even if it's YOUR account.

Is this guy worth that?

 

[impish6]

BelizeBreeze- Thank you for your advice on my bank account. I did not know that letting him deposit checks in my account could get me in so much trouble. From now on, he will simply have to cash his checks on his own. And yes, he is worth it. I know the story puts him in a particularly bad light, but he is a very good person. He has simply had numerous set backs in the past few years, mainly due to his family and ex-step mother. I do appriciate your advice and I will head it!

JETX-
"Gee, and why do you think that a grown man, with his own source of income, would make the decision to NOT have a bank account?? Do you think it might be due to him wanting to hide money from someone?? Or maybe because he can't write his name??"

Again, your seem to have this need to be nasty to people. If belittling my fiance makes you feel like a better person, so be it. I only asked for some advice, NOT for your sarcastic comments. Have a great day.