Legal Topics

Garnishment — Jurisdiction — Location of accounts subject to garnishment 

Nov 03rd, 2023 in by admin

Garnishment — Jurisdiction — Location of accounts subject to garnishment is not determined solely by agreement between account holder and garnishee to the exclusion of other persuasive evidence — Considering totality of circumstances, debtor’s accounts were located in Florida, notwithstanding governing document’s statement that the accounts were “located” in Virginia, where accounts were opened at one of garnishee’s Florida branches by debtor, a Florida corporation with its principal place of business in Florida, and were accessed and utilized by the debtor in Florida — Further, there was no indication that debtor ever registered or did business in Virginia or utilized accounts in Virginia — Plaintiff is entitled to final judgment in garnishment