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Craig P. B. Raysor's Answers
- 4 Legal Answers
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4
Attorney answers:
In TN. can your payroll check be garnished without first going to court?
The last poster is correct regarding Tennessee law, a money judgment has to be sought in the Anderson County Court (General Sessions if its under$25,000 and Chancery Court if it is above this amount). Even if you are past the time that the Fair Debt Collection Practices Act validation period, this can not be used in a court as an admission that you owe the money. You could hire an attorney, where all communication will go from them (may not be worth the money - I'm not sure in this case) or...
1
Attorney answers:
EIN for-profit
Until you have incorporated within the state, your business does not exist as a separate legal entity. Therefore, you would not have anything to attach an EIN besides you as a sole proprietor. If you as a sole proprietor incorporate later you will have to obtain a new EIN. Short answer: incorporate, then get your EIN. Depending on your structure of your business,you may want to to seek a lawyer's advice. However, this step should not require a lawyer. The TN.gov website has helpful...
1
Attorney answers:
I got a judgment award against my husband in our divorce proceeding, how can I collect on the amount due
The other procedures that Tennessee allows for a debt collection, besides garnishment, is a bank levy and an attachment to a piece of property. Both of these are done through the court as well and will only serve you well if he has a bank account with money in it, and you know where he banks or he owns property. Additionally, if this is part of the divorce decree, which is an order of the court, you may want to hire a family lawyer as you may be able to seek a contempt of the court order in the...
1
Attorney answers:
I have Tennessee j udgements against my ex now living in Texas can I collect them under Texas Laws attaching on to his new wife.
First, your Tennessee judgment would have to be enrolled in a Texas court as a foreign judgment in the county where the defendant currently lives. In Tennessee, we use the Uniform Enforcement of Foreign Judgments Act just as Texas does. You or your attorney would have to follow the procedures in the Texas UEFJA in order to domesticate the judgment and be able to collect . The judgment would only go against the named defendant on the Tennessee case, and can only be enrolled in Texas against that...