How+to+Proceed%3F

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How to Proceed? (by Patrick [VA]) Aug 30, 2019 8:15 PM
       (by razorback_tim [AR]) Aug 30, 2019 8:31 PM
       (by myob [GA]) Aug 30, 2019 9:31 PM
       (by Steve [MA]) Aug 30, 2019 11:10 PM
       (by RTR [AL]) Aug 30, 2019 11:23 PM
       (by Patrick [VA]) Aug 31, 2019 7:26 AM
       (by AllyM [NJ]) Aug 31, 2019 10:29 AM
       (by myob [GA]) Aug 31, 2019 4:03 PM
       (by Patrick [VA]) Aug 31, 2019 4:45 PM
       (by myob [GA]) Aug 31, 2019 4:58 PM
       (by razorback_tim [AR]) Aug 31, 2019 5:16 PM
       (by Pat [VA]) Aug 31, 2019 8:34 PM
       (by myob [GA]) Aug 31, 2019 9:17 PM
       (by AllyM [NJ]) Sep 1, 2019 5:54 PM
       (by Patrick [VA]) Sep 3, 2019 4:30 PM

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How to Proceed? (by Patrick [VA]) Aug 30, 2019 8:15 PM
Message:

So I rented a single family home in Va to a guy in the navy in 2017, His wife left him and he fell into what I believe was depression. In Oct of 17 he didnt pay the rent and I gave him a Pay or Quit. He quit )Left my house) and moved on to a ship. He totally destroyed my house. The Navy was no help because they were kicking him out. In Feb of 2018 I got a judgement for roughly 3k in rent and damages. I tried to file it with the Navy but they kicked him out. I couldnt get a garnishment with my court because I didnt know where he was.

So looking on Facebook, I found out he went to Texas and got a job as an over the road trucker. I was looking on line and from what I could find, Texas doesnt allow garnishments. So I didnt do anything. I just have a copy of the judgement here in my possession in Va.

Tonight I was looking on Facebook and find he just started at a new trucking company in Nashville Tn this month! Tn does allow garnishments.

Any idea how I should proceed? I would really like his wages garnished.

Thanks for any help. --100.4.xxx.xxx




How to Proceed? (by razorback_tim [AR]) Aug 30, 2019 8:31 PM
Message:

Based on my experiences you could proceed one of two ways.

The "right" way to do it would be to file your judgment as a foreign judgment in a TN court where either he lives or the company is located.

The other way to do it would be to file the judgment without filing it in TN. This is a crapshoot as to whether they respond or not. Your VA court can't compel a TN company to respond.

Caveat - if for some reason the company he works for does business in VA and has a registered agent on file with the SOS office you should he able to serve that agent and your court would have the ability to compel them to respond.

YMMV. --70.178.x.xx




How to Proceed? (by myob [GA]) Aug 30, 2019 9:31 PM
Message:

wrote an essay hit send and it disappeared. to ate to re-do sorry --66.133.xx.x




How to Proceed? (by Steve [MA]) Aug 30, 2019 11:10 PM
Message:

Did you also go after the wife? If not why not?

--71.174.xxx.xx




How to Proceed? (by RTR [AL]) Aug 30, 2019 11:23 PM
Message:

Don't we love facebook!! I did it once. file garnishment at my local courthouse with address of out of state company (don't know how they did it) waited about 45 days went back to my courthouse they followed up with a letter to the company.Company called me about week later to tell me they need 2 more weeks of withholding to have it all, (about 1500.00 ) there state law is wait till they have all so to mail one check.

My state,company mails check monthly

So you may check with court, our court clerk's are very helpful. Good luck

--99.111.xx.xxx




How to Proceed? (by Patrick [VA]) Aug 31, 2019 7:26 AM
Message:

The Trucking company he works for is Western Express in Nashville Tn, but they also have an office in Ashland Va

I will try filing it at my courthouse and see what happens. --100.4.xxx.xxx




How to Proceed? (by AllyM [NJ]) Aug 31, 2019 10:29 AM
Message:

I would cut my looses and move on. This guy could find you and kill you with no problem. --173.61.xxx.xx




How to Proceed? (by myob [GA]) Aug 31, 2019 4:03 PM
Message:

Patrick under no circumstances "cut your losses. BAD BAD advice.

go to the sec of state web site for the company IN YOUR State. -- they will have to have a registered agent who gets all LEGAL DOC'S SEND THE GARNSIHMENT TO THEM.

Please make sure you add the 15% interest or what ever you had in your lease along with 25% collection fee and all expenses to date-- including serving the agent.

Patrick I say don't give up because right now I have a check for 5800.00 from a collection back in 2010. The amount originally was 1400.00--- the interest compounded has brought it to the 5800.00 I had to do one thing out of the norm. We sent out 22 certified letters to 22 lenders in the area (her area) to garnish her bank accounts-- we hit on 2. One was a credit union that had 5800.00 another was BofA that had 8.00. Those funds were sent to the county court and held for us 20 days-- until all 22 garnishments were returned. That cost us 300.00. BUT WE MADE 5800.00+. Cut your losses --REALLY!!!!!! IT SAT OUT THERE FOR 8 YEARS COLLECTING INTEREST UNTIL it found her. Where on face book bragging how she was going to be buying a house. So my guy put 2 and 2 together-- buying a house she must have down payment somewhere--- as Emeral Lagasse says B A M E!!!!!

Ally please stop telling people not to go after their money. Your hurting the industry doing that. --66.133.xx.x




How to Proceed? (by Patrick [VA]) Aug 31, 2019 4:45 PM
Message:

Razorback_Tim and MYOB...Thanks so much for the help. So I found the Western Express with the Virginia State Corporation Commission. They do list their headquarters in Nashville Tn. They Have a registered agent/office in Glen Allen Va. Their status is active since April 2015.

So if I understand you both correctly, I have the court use the registered agent office in Glen Allen Va as the employer to send the garnishment to?

The Judge awarded me 3216.82 on March 27,2018 with 6% interest. I will go to the courthouse on Tuesday and see if I can get this started. MYOB...Are you saying I can just add 25% as a collection fee or do I need to go back before a judge and get that awarded?

Thanks again for the help

--100.4.xxx.xxx




How to Proceed? (by myob [GA]) Aug 31, 2019 4:58 PM
Message:

I am saying 100% on every collection. find some other collection companies and see what they charge to run down money for you and keep it in your package. There has been no judge who has denied it and that from different juristicion.

Get these charges into your lease. 15% interest and 25% collection.

Patrick you will be amazed what compound interst does for you. add your up and see --66.133.xx.x




How to Proceed? (by razorback_tim [AR]) Aug 31, 2019 5:16 PM
Message:

Send the garnishment to the registered agent in Glen Allen VA. --70.178.x.xx




How to Proceed? (by Pat [VA]) Aug 31, 2019 8:34 PM
Message:

I feel kind of bad that I didn't pursue our 1st eviction. I failed to renew it & it fell off the books after 10 years. She was our 1st eviction and one total crazy B she was. The only satisfaction I had, was having a dart board with a mug shot of her on it. --71.219.xx.xx




How to Proceed? (by myob [GA]) Aug 31, 2019 9:17 PM
Message:

patrick so don't let that happen again? right?

Once the garnishment is set-- you check it occasioanlly-- and let time be your buddy.

Thats why we never go after ANYONE UNTIL after at least one year-- they forget about you and lose papers-- now your in control. Just keep going back and look at the place and how they left it for you..... --66.133.xx.x




How to Proceed? (by AllyM [NJ]) Sep 1, 2019 5:54 PM
Message:

The NAVY couldn't manage him. There was domestic violence and he is an over the road trucker with a business location IN YOUR STATE. RUN THE OTHER WAY. --173.61.xxx.xx




How to Proceed? (by Patrick [VA]) Sep 3, 2019 4:30 PM
Message:

MYOB....Me, "Patrick" in Va is a different person than "Pat" in Va.

I filed the garnishment at the courthouse today. The fee was 94 dollars that was going to be passed on in charges to the tenant.

In Va, the Garnishment lasts between 45 days and 6 months. The person requesting the garnishment gets to decide how long they want it to last for. The crazy thing is I dont get any feed back at all until the day before the garnishment expires.

Once the firm receives the garnishment request from the court, every pay period they send the garnished amount to the court. The court hols all funds until the last day. That is when they disburse the funds. If the total judgement isnt paid back in full, you pay another 94 dollars and take out another garnishment for another 6 months.

In virginia, the person must pay the lesser of 25% of their disposable income or 30 hours of minimum wage. Not sure how they figure out what disposable income would be. I garnished him through Feb 13th, 2020. So we will see what I get then I guess.

MYOB, I would love to read what you initially wrote if you decide to redo it.

It would be really nice if this site had blog posts with how to do evictions in particular states or judgements or garnishments. --70.184.xxx.xx



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