Legal Question in Credit and Debt Law in Georgia
Can you be sued in Virginia Court while residing in Georgia? Background: Vehicle was purchased in Virginia through a Virginia based lender while I was in the military. Was discharged for medical reasons in 2003 and moved back to Georgia. The vehicle was repossessed in Georgia when I couldn't pay the note and insurance. Vehicle was auctioned off and I was sent a summons to answer in Virginia for the remaining balance of the vehicle. I ignored it (I know, I know). Date of judgement was 10/28/05. Fast forward to August 2015...my employer got a notice of garnishment to garnish my check until October 16, 2015. I contacted the creditor and I am planning on making arrangements to settle the balance.
Just curious if the creditor actually had any standing to sue me in a state that I was not a resident of or if they did because the contract was signed in Virginia...
1 Answer from Attorneys
Short answer is yes, of course, assuming Virginia's exercise of jurisdiction over you is proper. Which it sounds like it is because you chose to deal with a Virginia business and entered into a contract in Virginia.
Virginia allows wage garnishment. You knew that a judgment was entered against you but chose to do nothing about this, as you acknowledge.
The time to do anything would have been when you were sued. Now that a judgment is entered and is final then nothing much can be done. Some employers will honor valid garnishment orders of other staets. Other employers will require the out-of-state judgment creditor to first register the judgment in whatever state you reside in (here Georgia) before they will enforce it. Once registered, it would be the same as if it was a valid Georgia judgment and subject to wage garnishment as well. The creditor is allowed to garnish up to 25% of your disposable pay.
If you are making arrangements then you will have to have the creditor contact the sheriff and stop the garnishment. Just get any agreements in writing.
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