Tennessee SLOW PAY — Motion to Quash Garnishment-Execution & Claim Exemption Rights is a legal motion that can be used to stop wage garnishment in Tennessee. This motion can be used to have a court-ordered garnishment overturned or to claim an exemption for wages that are subject to garnishment. This motion can be used to protect wages from creditors or to dispute the amount that is being garnished. The motion can also be used to protect exempt assets, such as Social Security benefits or disability payments, from creditors. There are two types of Tennessee SLOW PAY — Motion to Quash Garnishment-Execution & Claim Exemption Rights: (1) Motion to Quash Garnishment-Execution, which is used to challenge a court-ordered garnishment; and (2) Claim Exemption Rights, which can be used to protect wages and other assets from garnishment.
Tennessee SLOW PAY - Motion to Quash Garnishment-Execution & Claim Exemption Rights
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FAQ
Go to the court clerk's office and ask to file a Slow-Pay motion. You must say how much you will pay each week or month.
Tennessee allows employees to voluntarily assign their wages to another with the employer's written consent.
A garnishment merely freezes the debtor's property in the hands of the garnishee, but an execution requires the person holding the debtor's property to release it to the creditor.
What is a "Motion to Quash"? A judgment debtor may claim exemption rights after the service of an execution or garnishment by filing a motion to quash the garnishment or execution. The Clerk's office will provide the necessary form.
Section 26-2-216 of the Tennessee Code establishes a process known in Tennessee as "Slow Pay." That section says that if you do not have any way to pay off a judgment against you other than your wages, you may set up an affordable payment plan through the court that issued the judgment.
The statute of limitations on debt in the state of Tennessee is six years. This means that if a debt has not been repaid in six years, the lender cannot sue to collect the debt.
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.