The attorney for Southaven Mayor Greg Davis has filed a motion for a temporary restraining order to stop the state auditor's office from garnishing the Mayor's wages.
Steve Farese argues that the Mayor's salary was illegally altered and that state auditor did not use due process. Farese says he has filed a counter-claim against the state.
The temporary restraining order will basically tell the state to leave Davis alone and put his salary back to what it was.
"Well on the grounds that in order to alter a salary you have to go through the board of alderman and it has to be included in the minutes because the board speaks through its minutes... that's not what went down," says Farese.
Last week the state auditor paid an unexpected visit to the Southaven Board of Alderman meeting. He announced the auditor's office would take all of Davis' paychecks until the remaining 76-thousand dollars the state claims Davis owes is paid.