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Which state do I sue the credit card company who garnished my wages in?

Las Vegas, NV |

Tried to resolve the garnishment before they took my money. Cred crd co. got default judgment in MI from a debt that is not mine then got a foreign judgment in NV. Didn't find out til couple months after foreign judgment. Tried to communicate with the co. to stop any garnishments in the future and provided proof debt wasn't mine. They garnished my bank acct anyway when they found it. Can I sue them in NV since this is where they garnished my bank acct?

Attorney Answers 1


More facts would be needed to affirmatively answer this question, and if you intend to litigate this in the courts you should consult with attorney to advise you on the best strategy for getting rid of the judgment. That said, as the company has acted in Nevada, and has availed themselves of the Courts here, you can certain bring legal action against them in Nevada. If they garnished your bank account they must also provide you notice, which should include the procedure and steps to challenge the garnishment based upon available exceptions.

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Thank you for the help, last Monday they received a certified letter from us with the proof I sent to the credit card company that we didn't take out the card and I asked them to release the funds, but it doesn't look like they will. So since they took the money here in NV can I take them to small claims court here to get that money back? We can't just hop on a plane and go back to MI to "vacate this judgment" I will have all my proof that the debt isn't mine and the certified letters I sent proving it.

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