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Garnishing Wages/Small Claims Judgement

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Hello,

I am filing a small claims suit in Arizona's justice courts. The total amount is $2500.

My question is: if a judgement is entered in my favor, and the defendant moves to another state, will a Writ of Garnishment apply to the defendant in her new state?

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If you mean a garnishment of wages, no. Likewise if she closes her bank account and opens a new one in another state. The judgment will have to be domesticated in that other state. AND, if she happens to move to one a handful of states, like TX, you will not be able to garnish her wages.

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To reach assets or income of the defendant in a different state, you must first domesticate the judgement you have in that other state. Then you can attach whatever income and assets that other state's law allows.

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As it happens I have had two garnishments served in two different states when I haven't even moved out of state. also if the person does move out of state he may not be due his statute of limitation rights. you have to check the laws of your state, but I believe you can exercise the judgment in any state.

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In researching many state small claim courts, all of them have stated that you have to file in the state that the person who owes you money lives. Now I am reading (from this forum) that you can sue in small claims court in any state and have the judgement forwarded to the debtors state?

Who is right the state laws that say you have to file and appear in the state of the debtor, or you folks who are saying just file in your state and forward it to the other state?

Assuming the other party lives or does business in your state, rules normally require that you sue in the small claims court district closest to that person's residence or headquarters. In some instances, you also may be able to sue in the location (court district) where a contract was signed or a personal injury occurred (such as an auto accident). Check with your small claims clerk for detailed rules.

If a defendant has no contact with your state, you'll generally have to sue in the state where the defendant lives or does business. Because of the distance involved, out-of-state small claims lawsuits tend to be expensive and unwieldy.

Who is correct?

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There are 50 states and the small claims rules of each are different. In many, you have to serve the defendant IN that state. If you can't, then you cannot pursue a small claims case in that state and must pursue the action in the state where the defendant lives or make your claim in the regular civil court where the jurisdictional rules are more expansive.

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I know my state (Michigan) will not honor another states small claims action-Thanks for clearing that up for me-I appreciate your time and effort and accurate information

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