Q: I have credit card collections and I live in Texas. If I move to Georgia, would the creditors be able to garnish wages.
Also, once a creditor charges off the account and sells the debt to a collection agency, can collection agency sue for judgment?
A: They probably could still garnish your wages eventually, but it may be a longer process. To garnish wages on a credit card debt, the creditor would first need to sue you and acquire a judgment against you. If the judgment is in Texas, the creditor would then need to apply for local enforcement of the judgment with a Georgia court. The creditor generally must provide you notice of the application, and you will have the right to object. If you do not respond, the judgment will likely become enforceable in Georgia. If the creditor sues you in Georgia, they can skip the above step.
Once the creditor has an enforceable judgment against you, they can apply to a Georgia court for garnishment and serve garnishment papers on your employer.
Depending on how much you owe, it may not be worth the time and money for the creditor to do this and they may use other methods to attempt to recoup the debt, such as selling the debt to debt buyers. When debts are sold, the right to file suit on the debt is usually transferred, however, you may have defenses to a collection suit on the sold debt.
Federal and state laws protect you from unfair and harassing debt collection practices. If you are receiving calls and letters from debt collectors, an attorney may be able to help. I recommend speaking to a consumer attorney regarding the details of your situation so you can fully understand your rights. Many consumer attorneys offer free consultations.
**Please note that the above is general information and not subject to an attorney-client relationship or intended to be legal advice.
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