Judge grants Southaven mayor's injunction to stop garnishment

The Southaven mayor recently succeeded in his request for a preliminary injunction in a garnishment action brought by the city. The mayor's success reminds fellow Mississippians that the law can work to your benefit during trying financial times.

A recent blog discussed that the city of Southaven was seeking to garnish Southaven mayor Greg Davis' wages. Following court proceedings last year, Davis was ordered to pay back the city nearly $170,000 for his alleged misspending of city monies. Although Davis has repaid nearly $96,000, the city remains unsatisfied. As a result, it sought to garnish his bi-weekly paychecks of $3,700.

As the garnishment action got was underway, Davis decided to countersue. He asked for an injunction blocking the city from garnishing his income. He also sought to avoid having to pay another bond to the court. The judge overseeing the matter ruled in Davis' favor, in -part. The judge granted a preliminary injunction, preventing the city from garnishing the mayor's wages. The judge noted that the injunction is necessary to prevent irreparable harm to Davis. With out it, he cannot meet his familial and personal financial obligations. Essentially, Davis would be working without pay for about six months. Although the judge ruled in Davis' favor on the issue of the injunction, he nevertheless found it appropriate to have Davis pay put up a $75,000 bond to the court. The bond acts as security while the court resolves the overarching issue of whether Davis owes a debt to the city.

The mayor's injunction victory brings inspiration and hope to all alleged debtors in Mississippi. Creditors often seek wage garnishment when individuals allegedly owe money to them. Garnishment can cause serious financial challenges. Fortunately, Mississippi law carves out various protections for debtors. Like the mayor, individuals can seek an injunction to block garnishment. Another method that offers protection for personal property is filing for bankruptcy. Together, these legal tools can bring financial certainty and security.

No one in Mississippi, including the Southaven mayor, is immune from garnishment. But, the law provides protection. It views everyone equally and offers security during times of irreparable harm.

Source: ClarionLedger.com, Judge blocks garnishment of Southaven mayor's pay, Oct. 1, 2012

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