Legal Question in Credit and Debt Law in Georgia
Can one garnish a bank account of a bank in Georgia for out of state debtor?
I have a court judgment in Virginia against a Texas corporation whose only assets are in South Carolina. SC law makes it almost impossible to collect against assets in SC. However, the debtor's money is in a bank that operates branches in eastern Georgia, as well as SC.
Could I domesticate a judgment in Georgia and garnish the bank account of the debtor corporation by serving the bank in Georgia? The bank is all the same entity in both SC and Georgia.
This WOULD work in Virginia, and is well-recognized as true in Virginia. If a debtor has assets in Virginia, or an entity is holding property or money of the debtor in Virginia, it does not matter where the debtor resides or where the judgment originates from. I could garnish or seize funds in Virginia of an out-of-state debtor executing on an out-of-state judgment.
Furthermore, if a multi-state bank is subject to service of process in Virginia, it would not matter if the bank account was opened and managed in (say) Maryland. It is all one bank and I could garnish the funds from the bank in Virginia.
What about Georgia law on this question? And if it is possible, any attorney want to help me make it happen?
1 Answer from Attorneys
Re: Can one garnish a bank account of a bank in Georgia for out of state debtor?
This judgment creditor has niceley summarized the legal parameters as they might apply to his particular collection case situation in Virginia.
Perhaps, Georgia counsel will now come forward to answer the questioner's issues regarding the application of Georgia law but what he or she is proposing would certainly appear feasible.
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