Legal Question in Credit and Debt Law in Virginia
Wage garnishment for small claims court judgment
I sued someone in NC small claims court and won a judgment against him. NC laws do not allow me the option to garnish wages if he doesn't pay up. I have reason to belive be has moved to the state of Virginia and after some research I have discovered they do have garnishment laws that would allow me to do so. My question is this: Can I go after his wages under VA'S laws even though the judgment was held in NC courts? If so, would I need to contact NC or VA and what department of courts would that be? Thank You.
1 Answer from Attorneys
Re: Wage garnishment for small claims court judgment
Yes, under Virginia law you can garnish wages.
If you have a judgment in other state you
must "domesticate" the judgement by filing
it in Circuit Court in Virginia in the County
where the debtor lives.
Once you have a judgment in Virginia, based on
the NC judgment, you can collect on the judgment
in the same manner as any other judgment.
It is possible that the defendant could object
that the judgment would not allow garnishment
in NC, but this would be a rather uncertain
question and the judge would have to decide.
It would be a reasonable action for you to take
under Virginia law, and it would be certainly
reasonable to attempt it.
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