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Two questions: 1. I have a Michigan money judgment

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Two questions:


1. I have a Michigan money judgment and want to garnish the debtor's wages. The Debtor resides in California. His employer is based in Seattle and payroll is generated out of the Seattle office. The Debtor's paystub shows that he has CA taxes withheld. He also files personal taxes in CA. Do I have to domesticate the money judgment? If yes, in California or Seattle?



2. I have different Michigan money judgment sitting at a company that filed a basic disclosure without dollar amounts, but will not garnish the employee's wages. I don't want to pursue this further with this company and I don't want to wait another three months for the writ to expire. How do I "cancel" the writ before it's expiration so that I can get a new writ for the same judgment? (I have another place I can send the writ for garnishment.)

Thank you.

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1. You can domesticate the judgment in either CA or WA, but domesticating it in CA will give you more options. If you domesticate the MI judgment in WA, then you can garnish his wages only. However, if you domesticate the judgment in CA, then you can seize bank accounts, record your judgment to cloud his real estate title, etc. So I would recommend CA, more specifically the bank account that the wages go into from his job.



2. You can contact the company and have them disregard the Writ. They will likely need something in writing to extinguish it. Without the amount, they should not garnish anything. You then just resubmit new writs to a new company or the same company with the correct amounts. You'll have to pay the new fees, but the new writ will be used.

Customer: replied 3 years ago.

1. My goal is to specifically garnish his wages. The company is also located in CA, but headquarters and payroll processing is in WA. I'm not sure I understand your answer. Are you saying I can domesticate the judgment in either WA or CA and the company will consider either valid to garnish wages for an employee who works in CA and pays CA state taxes? By the way, he deposits his paycheck into a MI account. It's complicated.


 


2. They have the correct amount for sure, but it's their filed disclosure form that didn't offer much other than saying earnings and information about a higher priority writ. --- I think the answer I was looking for is that I must contact them to "extinguish" the writ and then put it in writing. The issue is that the court office will not sign another writ unless I provide proof that the current writ has been extinguished.


 


 


 

1. If your only goal is to garnish wages, then domesticate in WA and sent the garnishment to the WA headquarters. No, what I am saying is that the state's judgment only has force and effect on those within the state's boundaries. So if you want to control the wages, then domesticate in WA. If you want to control the person, domesticate where the person is located (in CA). If you want to garnish the bank account, then use the MI judgment to seize the account in MI.

 

2. Yes, the court doesn't want two writs out there for the same thing. So you will need to extinguish it in writing so the company with the writ will be protected if they stopped processing the original writ.

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