PDA

View Full Version : Can my Canadian wages be garnished by US credit card co?


inqmind56
Aug 19, 2010, 03:54 AM
I am employed in Canada, and a default judgment was made against me in Michigan. I want to know if my Canadian wages can be garnished as a result of this judgement. I am not in bankruptcy, but I am considering it.Tx

smoothy
Aug 19, 2010, 05:50 AM
If you live or have assets in the United states or its territories you can have them garnished, doesn't matter where you actually work.

And under the new bankruptcy laws... you can not assume all debts will be discharged by a bankruptcy.

Iknowalotofstuff
Aug 31, 2010, 02:10 PM
The short answer is "no". The long answer is "yes".

A US judgment and a notice of garnishment issued by by a US court do not have to be honored by your Canadian employer. However, if the US creditor goes to the expense of having the judgment transferred to a Canadian jurisdiction, then a notice of garnishment could be issued. There are reciprocal enforcement laws between the US and Canada.

JudyKayTee
Aug 31, 2010, 02:51 PM
The short answer is "no". The long answer is "yes".

A US judgment and a notice of garnishment issued by by a US court do not have to be honored by your Canadian employer. However, if the US creditor goes to the expense of having the judgment transfered to a Canadian jurisdiction, then a notice of garnishment could be issued. There are reciprocal enforcement laws between the US and Canada.


There is no additional expense on this side of the Border (the US) except for a nominal charge for certifying a copy of the Judgment. I've transferred Judgments and it's a very simple process with minimal Canadian expenses.

I don't know what the expenses on the Canadian side are at this time.

Why would this be expensive in Canada?