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Our company, based in Nevada, recently obtained a judgement against a former employee who lives in Texas. However, Texas law does not allow wage garnishments. Will a Texas court honor an 'out of state' judgement against a Texas resident and issue an Order of Judgement" against the former employee?Thank you!Arthur Geller
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Good morning. The answer to your question is yes. Although wage garnishment is generally prohibited in Texas, But, if someone has moved to Texas from another state, and a judgment was entered in the state from where the person moved, the person's wages in Texas may be garnished. In all cases, once wages are deposited into a bank account, the funds may be levied or seized.
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Thanks for allowing meto be of service to you. Please be aware that the information provided here isnot legal advice. Rather it is simply general information. All states have intricacies in their lawsand any information given is simply information only and specifically is notintended to be, nor does it constitute, legal advice. This communication doesnot establish an attorney-client relationship with you. I hope this answer has been helpful to you.
Thx for the info. Just to clarify, we can obtain a "Order of Judgement" from a Texas court and garnish his wages, even though Texas law prohibits wage garnishment? Or, are you saying once we obtain the Judgement from a Texas court, we cannot actually garnish his wages through his current employer, but we can levy/lien funds from his checking/saving acct? Thx.
If this judgment is from a Nevada court for a Nevada cause of action, and then this person moved to Texas, you can garnish his wages from his current employer in Texas. If this is a Texas judgment, you would not be able to garnish his wages, but you could levy his bank account.
Experience: Attorney/Developer