Expert: Apex Credit Services, LLC - 12/26/2007

Question
QUESTION: I used to live in Georgia, but I now reside in Virginia.  Can a law firm in Georgia garnish my wages in Virginia, for an old credit card?  The statue of limitations is not up yet.

ANSWER: Mr. Jones:

    Yes, it is possible for a Georgia law firm to garnish your wages in Virginia if they: 1) obtain a judgment in Georgia and, 2) domesticate it in Virginia.  

         Apex Credit Services, LLC

---------- FOLLOW-UP ----------

QUESTION: Thanks for the response.  Is it possible to still work out an arrangement with them, after they have put the order in.  There has been no indication from my job or the law firm that the garnishment is in effect.  But looks like they  sent out the intial letter as of last week.  The letter indicates that they are trying to contact my employers location in Georgia.  But my employers home office isn't in Georgia.  Should I give them a call and try to work this out?

ANSWER: Mr. Jones:

    If they've already reduced the matter to judgment and have executed it in Virginia then, yes, it would be better to make arrangements on your own terms if at all possible.  They may or may not be receptive to your advances but, you can only try.

         Apex Credit Services, LLC

---------- FOLLOW-UP ----------

QUESTION: Thanks again.  They haven't yet executed the order in Virginia, because I don't think they realize yet that the company is not based in Georgia, and also that I'm no longer a resident of Georgia.  I just happened to pick up this mail on my holiday visit to my parents house.  So should I go ahead and make them aware that I'm living in Virginia or try to make arrangements with out making them aware that Virginia is the correct location?  I understand that I owe the debt and I would like to pay them, but as you said on my own terms.

Thanks

Answer
Mr. Jones:

    Unfortunately, it doesn't matter wherein the company is based nor does it matter where you are now a resident (unless the state in which the debt was incurred subscribes to the doctrine of the statute of repose which I don't think either GA or VA does).  

    With that said, if you do contact the the entity which has reduced the matter to judgment you do not have the obligation to tell them where you reside.  In other words, it would probably be in your best interest to make arrangements without providing your current address.

        Apex Credit Services, LLC