Tennessee Execution Garnishment is a legal process in which a creditor can obtain a court judgment to collect money from a debtor's wages or other property. The process is governed by the Tennessee Code Annotated, Title 26. The creditor must first obtain a court judgment against the debtor and then file a writ of execution with the court. The writ of execution authorizes the sheriff to collect the judgment from the debtor's wages or other assets. There are two types of Tennessee Execution Garnishment: wage garnishment and non-wage garnishment. Wage garnishment allows the sheriff to take a portion of the debtor's wages from their employer to satisfy the court judgment. Non-wage garnishment allows the sheriff to collect funds from the debtor's bank accounts, investments, or other assets.
Tennessee Execution Garnishment
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FAQ
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.
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.
Garnishment of bank accounts, wages, salaries, and accounts receivable: Under Tennessee law, a person or entity in possession of funds owed or belonging to the debtor may be compelled to "freeze" the transfer of those funds, and to pay them over to the party owed money by the debtor.
Execution.? every process or writ whereby the judgments and decrees of Courts are enforced.? (an Encyclopedia of Tennessee Law) says: ?An execution issues, as a matter of course, upon a judgment for a specific sum of money, without any order awarding or directing its issuance in express terms.?
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.
Both state and federal laws limit the amount of money that may be withheld from your weekly pay. The state and federal exemptions are nearly identical. 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.
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.
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.