Judgement SoL & Wage Garnishing

[stiltz22]

What is the name of your state (only U.S. law)? Nevada / Oregon

Hello! Hoping someone shed some light on my issue(s) since I can't seem to find consistent information online.

Situation: I currently reside in Nevada where my wages have recently started to be garnished. The copy of the writ i received from my employer indicates that the garnishment is a result of a judgment dated 01/28/1999. The judgment was awarded in Oregon where it's my understanding that the enforcement SoL for judgments is 10 years. I'm also aware that judgments in Oregon are renewable after the 10 year period.

Questions:

1. If the creditor opts to renew the judgment, what is the process and/or will I be notified?
2. If through shear luck, the judgment is NOT renewed, does this mean that the garnishment must cease after 01/28/2009, since the 10 years would expire at that time?

Thank you in advance for any information provided!What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

 

[Chien]

If the creditor opts to renew the judgment, what is the process and/or will I be notified?

“and/or” leads me to think that the greater concern is whether you’ll be notified. Basically, the process is simple and involves filing an application for renewal with the court and paying a renewal fee. A copy of the application is sent to the defendant(s). The answer to the notification question is “yes, but . . . .” Notice is sent to the record address unless the judgment creditor knows a more current address with certainty. 99.9% of the time, that means it’s sent to the record address, and that is very likely to be the address where you were served in OR 10 years ago. Is it likely to get to you in NV? Very probably not. It’s a Catch-22 in the system, but then judgment debtors who relocate don’t commonly send their forwarding address to judgment creditors, so both sides are responsible for the consequences.

If the judgment is NOT renewed, does this mean that the garnishment must cease after 01/28/2009?

No. This Catch-22 works for the judgment creditor. The garnishment order is a court order to the employer to withhold wages. The Order arises when the judgment is valid and continues until the Order is fulfilled, even if the judgment has expired. If you change jobs after the judgment expires, the judgment creditor won’t be able to get a new Order but, as long as you remain with the employer who was served with the valid Order, withholdings continue.

 

[stiltz22]

If the creditor opts to renew the judgment, what is the process and/or will I be notified?

“and/or” leads me to think that the greater concern is whether you’ll be notified. Basically, the process is simple and involves filing an application for renewal with the court and paying a renewal fee. A copy of the application is sent to the defendant(s). The answer to the notification question is “yes, but . . . .” Notice is sent to the record address unless the judgment creditor knows a more current address with certainty. 99.9% of the time, that means it’s sent to the record address, and that is very likely to be the address where you were served in OR 10 years ago. Is it likely to get to you in NV? Very probably not. It’s a Catch-22 in the system, but then judgment debtors who relocate don’t commonly send their forwarding address to judgment creditors, so both sides are responsible for the consequences.

If the judgment is NOT renewed, does this mean that the garnishment must cease after 01/28/2009?

No. This Catch-22 works for the judgment creditor. The garnishment order is a court order to the employer to withhold wages. The Order arises when the judgment is valid and continues until the Order is fulfilled, even if the judgment has expired. If you change jobs after the judgment expires, the judgment creditor won’t be able to get a new Order but, as long as you remain with the employer who was served with the valid Order, withholdings continue.

Thanks so much for the information! Then to add to this...

Should there be a way for me to contact the courts in Oregon to determine if a renewal application has been filed? If possible I'd like to do this in a manner which doesn't alert the creditor of my inquiry in the fear they'll realize the upcoming SoL expiration and quickly file for renewal.

Also, the garnishment writ stipulates that it is only good for 120 days. If I'm understanding this correctly, if they don't renew, they cannot garnish after the 120 days has lapsed?

 

[Chien]

Should there be a way for me to contact the courts in Oregon to determine if a renewal application has been filed?

Simply call the court and ask. You’re going to need the case number. If you have that, you may be able to access case information at the court’s site online.

If I'm understanding this correctly, if they don't renew, they cannot garnish after the 120 days has lapsed?

No. They can’t get a new writ after the judgment expires. In my state, a writ also is good for 120 days but, if I have an employer served with a valid writ on 1/1/09 and my judgment expires 1/15/09 and I allow it to expire, the employer is still subject to the valid writ, even if it takes 3 years to satisfy the judgment via garnishment.

If I allow the judgment to expire on 1/15/09, but I have a writ issued on 1/1/09 and good to 7/1/09 and you change jobs, I can even have your new employer served with the writ that was properly issued when the judgment was valid.

 

[TigerD]

Chien,

Does the Nevada judgment SOL apply from the date of domestication, or is the old judgment date still the controlling date?

DC

 

[Chien]

The Nevada SOL controls from the date of domestication. It's a new judgment for all purposes.


(Congratulations on the paper. Back to the first love? Will drop a line directly.)

 

[stiltz22]

Update

Ok... So I did a case search online and found that even though the writ given to my employer states the judgment date was 01/28/1999, it looks as though it was entered as a Foreign Judgment here in Nevada on 01/17/2006.

Does this reset the SoL to now follow under Nevada's 6 year enforcement?

 

[Chien]

Yes. A minority of states has codified “burdens” on foreign judgments by making the SOL shorter than for a domestic judgment or by not permitting them to be renewed when a domestic judgment can be. Unfortunately for you, Nevada is not one of those, and the 6 years applies to domestic and foreign judgments.


(Note to DC: IL is the only state that I know of that retains the SOL of the foreign jurisdiction for the domesticated judgment.)

 

[stiltz22]

Yes. A minority of states has codified “burdens” on foreign judgments by making the SOL shorter than for a domestic judgment or by not permitting them to be renewed when a domestic judgment can be. Unfortunately for you, Nevada is not one of those, and the 6 years applies to domestic and foreign judgments.


(Note to DC: IL is the only state that I know of that retains the SOL of the foreign jurisdiction for the domesticated judgment.)

That's what I was afraid of. Guess the only way out of this garnishment is going to be BK. Will Chpt 13 suffice? I don't think my income will allow me to file for Chpt 7.

 

[Antigone*]

That's what I was afraid of. Guess the only way out of this garnishment is going to be BK. Will Chpt 13 suffice? I don't think my income will allow me to file for Chpt 7.

There is one other way... Have you ever thought of satisfying the judgement?

 

[stiltz22]

There is one other way... Have you ever thought of satisfying the judgement?

Absolutely. It was the first thing I considered. However, if I could afford that at the moment, I wouldn't care about the garnishment. I know, I made my bed, now sleep in it. Stupid mistakes in my early 20s are now, finally, catching up to me in my 30s.