wage garnishment question (Texas)

[Casper]

I live in Texas, but my employer is technically in California; that's where payroll comes from. 

 

If I end up with a judgement against me, will they have to domesticate the judgement in Cali to get to my wages?

 

This is a worse case scenario, and supposes they can't find my bank account, but I am still curious.

[WhoCares1000]

I don't think they can garnish wages in Texas if I remember what Texas posters have said. They can only levy bank accounts. Now, they might try to domesticate in California in an attempt to be able to garnish your wages but you might have an argument that as a citizen of Texas, Texas law applies and they cannot garnish wages of a citizen of Texas in another state.

[Casper]

groovy, thanks!

[BackFromTheDebt]

An interesting question:

 

When you file your taxes, do you file California taxes as well as Texas taxes?  

[WhoCares1000]

Probably not because although the company is located in California, the employee is located in Texas. I am an employee at a company based in Colorado where all the employees work remotely. I reside in Minnesota and that is where I pay taxes even thought the paychecks are drawn from a Colorado account. In fact, my company also pays Minnesota workmans comp and unemployment insurance. I would think that is the same for the OP. Therefore, I believe that Texas law would apply, regardless of where the company paying the paycheck is located.

[BackFromTheDebt]

2 hours ago, WhoCares1000 said:

Probably not because although the company is located in California, the employee is located in Texas. I am an employee at a company based in Colorado where all the employees work remotely. I reside in Minnesota and that is where I pay taxes even thought the paychecks are drawn from a Colorado account. In fact, my company also pays Minnesota workmans comp and unemployment insurance. I would think that is the same for the OP. Therefore, I believe that Texas law would apply, regardless of where the company paying the paycheck is located.

That is different for different companies, and different states. 
 

I used to work remotely for a California company, and they couldn’t figure out a way to pay me in Wisconsin as an employee. So I had to work as an independent contractor with my own company set up and I was paid 1099.  So I only had to file Wisconsin taxes. 
 

I now work mostly remotely for a company in Illinois.  Fortunately Wisconsin and Illinois have tax treaties so I only pay Wisconsin taxes.  
 

I have no idea if a company can garnish California wages from a Texas resident.  I don’t know the garnishment laws.  If I were the OP, I would investigate rather than making assumptions.  

[Bulldoger]

The original judgement if you are to have one would be in Texas. Texas allows bank levies so if you have a CA bank account they can levy that account using a court order from a Texas court.  I don't see a Texas Court issuing a wage garnishment order because they are not allowed in Texas.  

But I agree call a couple of debt collection or consumer attorney and find out.  

[Casper]

22 hours ago, BackFromTheDebt said:

An interesting question:

 

When you file your taxes, do you file California taxes as well as Texas taxes?  

no, just federal, but here in TX

[WhoCares1000]

22 hours ago, BackFromTheDebt said:

That is different for different companies, and different states. 
 

I used to work remotely for a California company, and they couldn’t figure out a way to pay me in Wisconsin as an employee. So I had to work as an independent contractor with my own company set up and I was paid 1099.  So I only had to file Wisconsin taxes. 
 

I now work mostly remotely for a company in Illinois.  Fortunately Wisconsin and Illinois have tax treaties so I only pay Wisconsin taxes.  
 

I have no idea if a company can garnish California wages from a Texas resident.  I don’t know the garnishment laws.  If I were the OP, I would investigate rather than making assumptions.  

Or company currently has a California employee and we have had others in the past so they obviously have figured this out. Then again, the company contracts payroll to ADP who knows all the rules and the ins and outs of dealing with employees in different states so that might help.