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Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2822
Experience:  Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.
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Can a court in the state where the defendant resides require

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Can a court in the state where the defendant resides require an out of state employer to answer garnishment interrogatories and abide by a garnishment order

Terry L. :

Hi, thanks for your question. You should hire a lawyer for specific legal advice. No attorney client relationship is created here.

Terry L. :

Yes

Terry L. :

They can usually do that by mail.

Terry L. :

what questions do you have

Customer:

IL company challenging garnishment interrogatories issued by Indiana court regarding an Indiana resident. Shaking my head on the challenge. Law department of IL company adamant that Order can only issue from IL Court?

Terry L. :

let me do a quick search, 1 moment

Customer:

Did you see my follow up?

Customer:

Thanks!

Terry L. :

Thanks

Terry L. :

It may be possible for the employer to fight it. What would generally happen, is that the creditor would then in turn, file a case in Illinois to 'domesticate' the judgment, thereby requiring the IL employer to honor the garnishment.

Terry L. :

So, you may want to work something out with the creditor, as doing the above, will just create more fees and costs that you would be responsible for.

Terry L. :

You can also talk to your employer to ask them to honor it too.

Terry L. :

Otherwise, the Illinois employer could respond to the IN state court and fight it on their end.

Terry L. :

Do you have any questions?

Customer:

I don't know how I can domesticate a Judgment in IL when I do not have jurisdiction over the defendant in IL?

Terry L. :

hello?

Terry L. :

sorry

Terry L. :

so you are the creditor?

Terry L. :

You would file a suit to domesticate the judgment in Illinois court. It is routine, basically, the Illinois court will honor the Indiana judgment to allow you to garnish the Illinois wages of your Indiana resident.

Terry L. :

735 ILCS 5/12-650 et seq. – the Uniform Enforcement of Foreign Judgment Act.

Terry L. :

You may need an Illinois attorney to assist you, but the process should be pretty straightforward.

Terry L. :

Do you have any other questions?

Terry L. :

Also, you filed this in the bankruptcy category, has the debtor filed bankruptcy?

Customer:

No. I just put in the question and this site sent me to you. Thanks for your help.

Terry L. and other Bankruptcy Law Specialists are ready to help you

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