Q: Can a lay person file a Motion to Dismiss in General Sessions court in Davidson County TN?
We are a co-defendant in a garnishment. Plaintiff states that we are the co-defendant's employer. The defendant is a consultant (1099 employee) and we do not garnish wages for consultants. We want to get dismissed from this lawsuit without the need to hire an attorney.
A: Yes you can represent yourself. But I would advise you to get a competent attorney. That garnishment will not go away easy, and they have successfully served you. Creditor seems to think you have the other's money. You do not want to go to jail for contempt.
You have indicated you are a co-defendant in a garnishment. I am not clear on what you mean. I will assume that you are not a defendant - but rather you received a garnishment in regard to party that had a judgment entered against them.
If that is the case, you need to respond to the garnishment promptly and in accordance with the law. You have to give notice to the garnishee of the receipt of the garnishment and you have to respond to the Court and to the entity that sent you the garnishment- QUICKLY- you have a very limited time. Your response- based upon what you are saying is - you don't have any money of the garnishee in your possession.
If you do not respond timely to the garnishment you may end up liable for the debt.
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