Legal Question in Credit and Debt Law in Virginia
Can my garnishment be applied to Canadian Accounts
I lived in VA in the 90's and kept a bank account there in which my ex-husband deposits my child support payments. I just received notice, here in Canada, that my VA Account had been garnished to pay a judgment from '97 (I didn't even know that I had been sued, and certainly do not know how they got my current address). Due to an unrelated event (not legal) I am unable to travel to the States. Will this creditor be able to attach a garnishment to my Canadian accounts? What can I do to argue the VA garnishment if I can not be in court?
2 Answers from Attorneys
Re: Can my garnishment be applied to Canadian Accounts
Yes, if you were properly served in the original suit pursuant to international treaty. It sounds like you were not properly served. Child support payments may be exempt - you should have gotten a yellow exemption form to return to the court.
the best thing to do is to file a motion with the court in which the original judgment was obtained to dismiss the claim against you for lack of jurisdiction. you may be able to file suit against the collection agent or attorney where you live in Canada for fraudulent debt collection practices.
Re: Can my garnishment be applied to Canadian Accounts
If the judgment against you was validly obtained in Virginia, in all probability Canada has laws which would permit such a judgment to be registered or adopted, or some variant thereof,
by a court of proper jurisdiction in the province where you reside, and after such legal process was complete, your accounts, in theory, could then be attached, after proper notice to you and the opportunity for a hearing, by those who are legally empowered under Canadian law to pursue such activity.
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