How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask BizAttorney Your Own Question

BizAttorney
BizAttorney, Attorney
Category: Legal
Satisfied Customers: 2273
Experience:  Over 12 years of business and legal experience.
Type Your Legal Question Here...
BizAttorney is online now
A new question is answered every 9 seconds

Two questions: 1. I have a Michigan money judgment

Resolved Question:

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.
Submitted: 1 year ago.
Category: Legal
Expert:  BizAttorney replied 1 year ago.

BizAttorney :

Good evening! I can help you out with your legal question tonight.

Customer:

Great, thank you.

Expert:  BizAttorney replied 1 year ago.
I had to switch the format since I wasn't able to see your responses. Please give me a moment to answer your questions.
Customer: replied 1 year ago.

Are you online now?


 

Expert:  BizAttorney replied 1 year ago.
Yes, I am online. The site is having some slight difficulty and just erased my answer. Please give me another couple of minutes to retype it.
Customer: replied 1 year ago.

that's fine

Expert:  BizAttorney replied 1 year ago.

Yes, I am online. The site is having some slight difficulty and just erased my answer. Please give me another couple of minutes to retype it.

 

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 1 year 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.


 


 


 

Expert:  BizAttorney replied 1 year ago.

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.

BizAttorney, Attorney
Category: Legal
Satisfied Customers: 2273
Experience: Over 12 years of business and legal experience.
BizAttorney and 11 other Legal Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8201
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8201
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19419
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8122
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2131
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    83
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    30758
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15340
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.