Lott v. Arrington & Hollowell, P.C.

Miller, Judge.

A debtor appealed a $55,000 judgment against him but failed to pay appeal preparation costs, and the appeal did not proceed. Six years later, the judgment creditor sought to garnish over $109,000 held by the debtor in a bank account. The debtor traversed the gar nishment, claiming (1) no garnishment could proceed since the appeal was never dismissed, (2) the lack of any court order for five years dismissed the underlying judgment, and (3) the garnishment could only attach to approximately $89,000 (a point conceded by the creditor). The garnishment court entered a judgment that…