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J.Hazelbaker
J.Hazelbaker, Attorney
Category: Legal
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Experience:  Attorney and small business owner with 10 years experience in the general practice of law.
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Evicted our non rent paying tenant in Ohio. He now lives in

Resolved Question:

Evicted our non rent paying tenant in Ohio. He now lives in Boston and has a job. How do I obtain a wage garnishment order?
Submitted: 2 years ago.
Category: Legal
Expert:  J.Hazelbaker replied 2 years ago.
Hello. Thank you for using JustAnswer.

Because he is located in Massachusetts, an Ohio court has no jurisdiction to enforce a wage garnishment order.

Instead, you have to go to the clerk of court where you case was heard and get a "certified copy of the judgment". They will know what this is, but is a seal stamped copy of the court's order ruling in your favor and ordering the other party to pay $x amount.

You then need to take that certified judgment and get it certified as a "foreign judgment" by filing it with the clerk of court for the county in which the defendant lives or the bank is located. Once you do that, then you can get a writ of execution from the Mass. court that will allow garnishment.

There are many lawfirms in Boston that specialize in this type of action. I can provide a couple of web addresses just to show you a sampling. You can recover the attorney fees and cost of collection from the judgment debtor.

http://www.gannettlaw.com/PracticeAreas/Out-of-State-Judgments.asp

http://www.bacelaw.com/foreign.html

Please let me know what follow-up questions you have. If my above responses have been helpful, please click Accept so that I get credit for the time/effort. You may always restart the thread and ask follow-up questions at any time by clicking the “Reply” button at the bottom of the question/answer thread. You can access this thread later in your profile under the “My Questions” tab.

Customer: replied 2 years ago.
Do I have to give former tenant notice that I am going back to court to get a judgment against him? I have his social security number but no address of where he is living in Boston. I have a lead on where he might be working but the employer won't confim.
Expert:  J.Hazelbaker replied 2 years ago.

Not directly. If you believe you know where he is employed, you can have the garnishment notice sent to the place of employment.

You do not need to notify him that you are certifying the judgment in Massachusetts.

Customer: replied 2 years ago.
So I should work with an Ohio attorney and file a judgment against him in Ohio (without notifying him) and get it certified as a foreign judgment by filing it with the clerk of courts in the county where he lives? I don't know what county that is. How would I find out what county he lives in? Do most residents who work in Boston live in the county where Boston is located? Would an attorney be able to help find him? He just moved there beginning of March.
Expert:  J.Hazelbaker replied 2 years ago.

Your eviction order should indicate the amount of back rent that is owed. If it does, then you would not need to obtain another judgment in Ohio.

Knowing a little about Boston, I am fairly sure that if they live in Boston, they work in Boston. I believe the court in which you would need to certify the judgment is:

http://www.mass.gov/courts/courtsandjudges/courts/bmcmain.html

J.Hazelbaker, Attorney
Category: Legal
Satisfied Customers: 4385
Experience: Attorney and small business owner with 10 years experience in the general practice of law.
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