Legal Question in Credit and Debt Law in West Virginia

Garnishment from one state but live in another

If I live in West Virginia but a creditor from Virginia is wanting to garnish my wages 1. Is this possible and 2. what state law applies for the amount allowed to be garnished? If I have a court date nothing can be garnished till after that date correct?


Asked on 1/28/06, 5:23 pm

1 Answer from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Garnishment from one state but live in another

Because the Full Faith And Credit Clause of the Constitution requires sister states to give full faith and credit to judgments rendered in another state, it is possible for the creditor to register the VA judgment in W.Va. and pursue collection by garnishment. However, just because the creditor got a judgment doesn't mean that he got it legally. There may be some serious flaws in there case. The best thing you can do is to take your documents to your local attorney and ask for his help and advice. There may be a way to defend against the Va. judgment in WV.

Good luck.

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Answered on 1/30/06, 10:07 am


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