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Does a New York State corporation have to garnish a NYS employees

Does a New York State...
Does a New York State corporation have to garnish a NYS employee's wages pursuant to a wage garnishment issued by a Virginia court? Or can the NYS corporation return it to garnisher stating that VA court has no jurisdiction to garnish wages earned in NYS by a NYS resident?
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Answered in 1 minute by:
2/1/2013
Tina
Tina, Lawyer
Category: Employment Law
Satisfied Customers: 33,167
Experience: JD, BBA, recognized by ABA for excellence.
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Hello and welcome.

I am sorry to hear of your difficult situation. My goal is to provide you with excellent service. First, I have a question for you so I can determine what information to provide you.


Does the NY corporation have employees or offices in VA? Is the employee whose wages are being garnished work in VA or NY?
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Customer reply replied 4 years ago


My NY corporation has no offices or clients in VA or any state other than NY. The employee works in NY.

Hello again, Katy.

Thank you for the additional information.

The VA order would not typically be effective in NY until the creditor has sought and obtained a NY order domesticating the judgment and obtaining an order of garnishment in NY.

The company should normally return the garnishment order to the creditor and request that they obtain a NY order since they would not typically be required to comply with a VA order where the company and employee are located in NY.

The employee may also wish to consider seeking to have the underlying judgment set aside if they were not previously located in VA since a VA court may not have had jurisdiction over the matter or the person in the case, which could provide a basis to vacate the judgment.

I hope this helps clarify the situation for you.

It has been my pleasure to assist you. Kindly remember to rate my answer when our communication is completed so I will be compensated for my time in providing you with the information you requested. If you feel the need to provide a low rating, please stop and reply to me via the REPLY or CONTINUE CONVERSATION button with whatever issue or clarification you may need. I will be happy to continue further and assist you until I am able to explain your concern to your satisfaction. Please also remember that I cannot control whether the law is favorable to you or not, so please don’t shoot the messenger. Thank you and all the best to you in 2013.

Tina

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Tina
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Satisfied Customers: 33,167
Experience: JD, BBA, recognized by ABA for excellence.
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