TN Writ Of Garnishment

[Judy Richards]

I use to live in TN in 2009 and was evicted from my apartmart the apt filed a writ of garnishment through the court I made arrangments as was paying, however I moved to FL 2010 and called the attroney office that was handling the case many times they refuse to call me back because I have a out of state number..we are now 2012 and they have started taking 25% out my pay check what can I do to stop this?

[Craig Smith]

Dosen't matter what state you live in, you still owe the judgment.
However, the 25% is based on a guess of what you can afford. Make a
list of all your expenses. You will need receipts to show you
actually pay all those expenses. If you have to go to the Dr. every 3
months, then list that as 1/3 of the cost. When you get this together
you can go back to the court and show that 25% is an undo hardship
and get the amount reduced.

Or you can quit your job and go somewhere else to work and just not
talk to the law office again.

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[Tom Fox]

This make sense if you are still working for the same company in Florida that you were working for in Tennessee. Yes?

[Tom Fox]

Nope. The more I look at this, the less sense it makes. The Tennessee garnishment should have died a natural death a while back.

Tenn. Code Ann. § 26-2-214 (b)(1) "To the extent of the amount due upon the judgment and costs, the employer garnishee shall hold, subject to the order of the court, any non-exempt wages due or which subsequently become due. The judgment or balance due thereon is a lien on salaries, wages, or other compensation due at the time of the service of the execution. Such lien shall continue as to subsequent earnings until the total amount due upon the judgment and costs is paid or satisfied, or until the expiration of the employer's payroll period immediately prior to six (6) calendar months after service of the execution, whichever occurs first."

Six calendar months have come and gone since the 2009 TN garnishment, even though the judgment has not been paid. It looks to me like a Tennessee garnishment action cannot continue for more than 6 months.

Maybe check with your employer to find out what court this new garnishment is coming out of and who the attorney is. It may be a different attorney.

Tom Fox

Louisville, Kentucky

On Tuesday, November 20, 2012 6:18:15 PM UTC-5, Judy Richards wrote: