Wednesday, October 15, 2014

If I take a person to small claims court and win, if I go to garnish her wages, if she quits, or is fired, can I take the balance that hasn'...

Question

If I take a person to small claims court and win, if I go to garnish her wages, if she quits, or is fired, can I take the balance that hasn't been paid and follow her to her new job and garnish those wages? Or is it, a one time thing? I read, if she files for Bankruptcy, then that would be it, I couldn't garnish her wages from future jobs. So was wondering if she just quits or the employer fires her or makes it look like they fired her and actually transfers her to a different company in this large corporation, would that be it, or can I just follow her to new job? Would it be best to put a lien on her house instead, if this is a one time garnishment thing?



Answer

A creditor can follow the debtor to the debtor's new job, and begin the wage garnishment again. If the debtor simply transfers to a new job within the same company, the old garnishment remains in place -- there is no need to start over.



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