Brad Henry

Wages garnished from out of state

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Hello All, 

Sorry I am new here so please bare with me if I am posting this wrong . I'll try to keep it short and sweet . This past Friday I noticed my wages were being garnished , I live and work in Texas . Our company is based out of Colorado which is where payroll comes from . So back in 2012 my wife and I were buying this car from a place called The Key finance , out of Oklahoma City Ok . A few months into payments our oldest son became sick . He had gotten diagnosed with leukemia at 4.5 years old . I quit my job to make all of the appointments with our son . So I put the car on a dolly and towed it back to this car lot , upon getting there we were met with the finance lady , she asked what was going on . We told her what was happening in our lives , and why we wanted to turn the car in . She insisted on us keeping the car . After an hr of back and forth , we decided to take the car and leave . It literally sat in our yard for another month or so before the repo truck picked it up . Fast forward nearly six years later , we are back in Texas and have been for nearly two years now. They are suddenly garnishing my wages for this car and are expecting 22k dollars , 25% of my wages ! I have four kids, almost 1000 in rent and a car payment now . Is this legal for them to garnish my wages when I'm in Tx?? I've read it's not and even telling my hr dept this , they say it's legal , and that they have to follow the Oklahoma court judgement ??! Some one please help my family as we've been dealt enough already . Any info or leads on how to resolve this will be deeply appreciated ! I can not afford an attorney, they took 260 out of my last check , I couldn't even pay my rent . I don't know what I'll get taken from my next one . Attached is what my hr dept responded back to me .

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You are going to need a Texas consumer attorney. The HR person may indeed be right. There are circumstances when payroll is out of state that Texas wages can be garnished.  It has nothing to do with what state the garnishment order is from.  What you also need to look at is when did they sue you because it looks like they did and you were never properly served in which case you would need to file to vacate.  My guess is they used sewer service at your former home knowing if they sued you in Texas they could not garnish your wages.

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Clydesmom thanks , it seems like everything I've read stated that those garnishments would not be honored in Tx . I was hoping that were true . This is when I assume they sued me . 

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Also would you know if this 25% is every check or monthly ?

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Your HR person is incorrect. Texas requires out of state judgments be domesticated or filed with a Texas court in order to garnish your wages. You need to speak with a local attorney to stop the garnishment order but I would also make your HR Dept aware of this immediately as they are violating Texas law. Google out of state judgments in Texas require domesticating prior to garnishment. Provide a link in the email to HR and that may be enough to stop the garnishment. 

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