I live and work full time in Florida. My employer is located in Virginia. 100% of my work is completed in Florida. Can this be a loophole for my wages to be garnished? I have read conflicting reports on this everywhere.... Has anyone ran into this situation?
Criminal Defense Attorney
It does not matter where the employer is located, it matters where you reside. It would not matter where you worked, it would only matter if you resided in Florida. You can read other conflicting things about guardianship in the Florida Statutes, which confuse even attorneys. See the exemption statutes in Chapter 222.
R. Jason de Groot, Esq.,
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Social Security Lawyers
If you have a judgment in Florida, a child support lien, or a federal judgment against you (i.e., tax lien from the IRS), your wages can be garnished regardless of where your employer is located. The best bet would be to contact the person pursuing your wages and try to work out a payment plan. Otherwise, the bulk of your monthly income could be garnished to satisfy the debt. Depending on the type of garnishment, you should consult with a local attorney to decide if the debt is valid and/or if garnishment could be prevented.
This comment is provided for informational purposes only, and is not to be considered legal advice and/or the establishment of an attorney/client relationship.
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I agree with my colleagues that it is your residence that controls.
Now, I disagree with them. :)
They are presuming that the final judgment was entered in Florida. Your question leaves open the possibility that you might have been sued elsewhere. Like a state which does not have the same protections that Florida does. I had a case once where my client was sued in New York, judgment entered, moved to Florida. The NY lawyers had a Writ issued by the Clerk in NY. The Writ was directed to Chase Bank. Client was putting $ into her account here in WPB, but Chase also operates in NY.
Fortunately, the amount in the account was very small, and my client filed for BKC soon thereafter.
The thing is that in NY, there is no protection for the wages of a head of family. Up there, it does not matter if you are the only parent living with 20 kids, the wages get withheld and sent to the judgment creditor.
I have had a situation where I garnished wages and the employer sent me the money right away, because that is what they were used to in their state.
So, it would be worth your time to research VA law to anticipate what your employer would do if they were served with a garnishment writ issued from a court in VA or of another state.
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