Tennessee Conditional Judgment Order/Notice to Garnishee

State:
Tennessee
Control #:
TN-SKU-0329
Format:
PDF
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Conditional Judgment Order/Notice to Garnishee

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FAQ

The notice explains your rights, including how to object if your employer is withholding too much money from your wages. A Tennessee garnishment order is only good for six months, but a new garnishment order can be issued when the previous one expires.

NOTICE TO THE DEBTOR (EMPLOYEE) TCA 26-2-216(b)(2): Your earnings have been subjected to a garnishment which has been served upon your employer. The garnishment creates a lien on a portion of your earnings until the judgment is satisfied, or for six (6) months, whichever occurs first.

Specifically, Rule 69.04 of the Tennessee Rules of Civil Procedure provides that: Within ten years from the entry of a judgment, the creditor whose judgment remains unsatisfied may file a motion to extend the judgment for another ten years.

You may apply to the court at the clerk's office shown below within twenty (20) days from any improper withholding of your wages for a motion to stop the garnishment. The court clerk identified below shall provide you with a form for making such a motion, or may have supplied a form motion on the back of this notice.

Within ten days of service, the garnishee shall file a written answer with the court accounting for any property of the judgment debtor held by the garnishee. Within thirty days of service, the garnishee shall file with the court any money or wages (minus statutory exemptions) otherwise payable to the judgment debtor.

Tennessee law ensures that you have enough income to pay your living expenses after wage garnishment. Your creditor can only garnish your wages 25% of your disposable earnings for the week or any excess income over 30 times the federal minimum wage ($7.25 per hour). The lower of the two amounts must be used.

Both Tennessee law and federal wage garnishment law limit the amount that can be garnished from a week's pay to the lesser of: 25% of your weekly disposable income.The amount of your weekly disposable income that is left over after you are paid 30 times the federal minimum wage.

More info

Garnishment Application and Order. The Clerk and Master shall issue a notice of the conditional judgment to the garnishee. CHANCELLOR.Certificate of Service by. Conditional judgment order—Notice to garnishee, Secondary Sources. Conditional judgment. Parties with an interest in garnished property must be given notice and an opportunity to present their claims. If the employer fails to Answer, you may file a proposed order for conditional judgment against the employer for the full amount due to the creditor. The State of Missouri to the Sheriff of any County in the State of Missouri. The summons and the notice and claim for exemption form required pursuant to § 8.01-512. A garnishment is a proceeding against a third party ("the garnishee").

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Tennessee Conditional Judgment Order/Notice to Garnishee