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DrakeLAW
DrakeLAW, Attorney
Category: Bankruptcy Law
Satisfied Customers: 431
Experience:  Attorney at Drake Law Firm PLC
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Default judgement domesticated in NJ. Debtor will move to PA

Customer Question

default judgement domesticated in NJ. Debtor will move to PA for a job relocation. Can the plaintiff enforce Wage garnishment in PA?
Submitted: 2 months ago.
Category: Bankruptcy Law
Expert:  DrakeLAW replied 2 months ago.

Hi, my name is ***** ***** I look forward to helping you, please give me a moment to review and possibly research answers to your question.

Expert:  DrakeLAW replied 2 months ago.

Yes, all one has to do is domesticate the judgment in PA and then seek wage garnishment there. There will certainly be some delays in that happening but yes, it can be done.

Does that answer your question?

Customer: replied 2 months ago.
even if the judgement is for a default judgement in another state? do you have a reference law?
Expert:  DrakeLAW replied 2 months ago.

Yes it doesn't matter that it is a default judgment. The fact that it is a default judgment just means that you may have cause to go back to that state and have the judgment set aside.

Customer: replied 2 months ago.
reference pls?
Expert:  DrakeLAW replied 2 months ago.

What would you like reference to? The rule that says a foreign judgment can be domesticated in PA?

Customer: replied 2 months ago.
wage garnishment in PA for a default judgement domesticated in another state.
Expert:  DrakeLAW replied 2 months ago.

Alright, well this statute enables the domestication of foreign judgments in PA:

http://law.justia.com/codes/pennsylvania/2010/title-42/chapter-43/4306

However, I am glad that you asked for a reference. There is actually no wage garnishment in PA allowed except for landlord/tenant claims and child support, tax claims along with a couple other narrow exceptions. Sorry about that, PA is rare in that sense and I did recall that from prior research but it slipped my mind in responding as I don't often get PA requests on that issue.

If you are concerned the judgment could qualify for wage garnishment I can get you the list of debts that are allowed to wage garnish but if it is for a credit card or some other debt then they cannot.

They can however garnish bank accounts.

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