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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41220
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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I live in the state of Mississippi and had my ex landlord sued

Customer Question

I live in the state of Mississippi and had my ex landlord sued me. I lost in court and have been making payments towards the settlement. There was no signed agreement on payments to be made but there was a verbal agreement. I have not been able to make the last three payments due to lack of funds to pay. My ex landlord just sent me a text message stating that if I don't pay to date all due she will file garnishment. Being that I have made (3) payments of 100 each and (3) payments of 150 each is she able to file for a garnishment for the remaining balance still owed? I am under the impression being that she excepted an installment payment that it is not possible for her to try to garnish my wages, is this correct?
Submitted: 3 years ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 3 years ago.

Thank you for your question. Please permit me to assist you this afternoon.

To answer your question directly, if there is nothing in writing pertaining to your payment agreement the judgment holder always has the right to file for a wage garnishment, seek a bank levy, or seek a judgment lien. Even if arguably it can be shown and proven that an installment agreement was put in place, if one of the parties stopped making payments on that informal agreement, which would breach the terms and allow the judgment holder to seek a garnishment for the remainder of the debt owed plus the costs of the garnishment itself. I apoogize but the impression you were under is not quite correct since it would then limit the judgment holder from collecting funds that they are otherwise entitled to especially in cases of breach of terms.

Good luck.