[troubledintennessee]

Here’s one very troubled in Tennessee lady hoping someone can possibly explain what is happening. My husband arrived to work to find out his wages were garnished, not once, but twice. Once by Peoples Bank and the other by Capital One. Both with the same attorney located in Nashville, but this attorney used different addresses for us, one in Tipton County where we live and the other in Shelby County which is 6 miles from us. We were aware of the Capital One account and arrangements were made for reduced payments which we’ve been doing on time until I took ill with cancer and we informed them we needed to stop payments for at least 2 months. Since we didn’t know what was going on I went to the Court House and the clerk informed me that the law firm did another garnishment on the same Capital One account (which I did a 2nd motion on already) PLUS they had another garnishment on him in Tipton County from Peoples Bank whom we’ve never had an account with and that was already taken out of his check, over $700.00 which is over half of his paycheck. I don’t know what to begin to do, just seeing the check over $700.00 short means no house payment or no meds for me for this month. ANY advice will be so greatly appreciated at this time.
Thanks

[Fr_Chuck]

You have two separate garnisments, but by law they can not take over 1/2 in TN ( if my memory is correct) but often your employer wlll not know that, and you will have to file on the newest one, since they are not the secondary garnishment, and will have to take a lesser amount up to the max limit that is allowed.

Also since he is married, you can normally file where they can only take a max of 25 percent of the check.

So the first granishmnet gets paid first, then if there is any money left in the allowed amount, the second one gets some. After the first one is paid off, then the second one becomes the primiary.

Since it appears you were not notified about the second one, it also appears that the attorney made an error( can't say they did it on purpose to cheat you) but used another address, to make the two cases not appear combined.

[troubledintennessee]

You have two seperate garnisments, but by law they can not take over 1/2 in TN ( if my memory is correct) but often your employer wlll not know that, and you will have to file on the newest one, since they are not the secondary garnishment, and will have to take a lesser amount up to the max limit that is allowed.

Also since he is married, you can normally file where they can only take a max of 25 percent of the check.

So the first granishmnet gets paid first, then if there is any money left in the allowed amount, the second one gets some. After the first one is paid off, then the second one becomes the primiary.

Since it appears you were not notified about the second one, it also appears that the attorney made an error( can't say they did it on purpose to cheat you) but used another address, to make the two cases not appear combined.

Thank you for your response Fr_Chuck. I did contact the payroll department today and told her about the max 25%. She said it was too late to get back what they already took out and I'd have to go through Tipton County Court to get it back. I also went to both Tipton & Shelby County Court Houses. At Tipton County I filled out what they call a motion to Quash Garnishment. The clerk told me to fill that one out and I hope I did correct by listening to her. I have a court date of Dec 7th on it and she said at that time I can tell the Judge papers were never served on us nor have we ever had an account with Peoples bank. At Shelby County I filled out Motion to Reinstate Order on installment payments for good cause and that court date is Dec 11th. The clerk there was most helpful and said that I should also check the FDCPA Section 811 (a)(2) and it may help in getting the judgement vacated as she's stunned we were garnished from 2 different counties. I looked it up and it stated the collector must serve you in a county in which you lived when you signed the original contract or where you live at the time when they file the lawsuit. We've never been in Shelby County. Are you familiar with this or am I just grasping at hope. Thanks again for your helpful response and prayers will be appreciated for the 7th & 11th court dates. I've never been and don't know what to expect