Tennessee Motion of Defendant to Discharge or Quash Writ of Garnishment for Failure to Serve Copy of Writ on Defendant and Notice of Motion

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US-02252BG
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Description

Quash means to nullify, void or declare invalid. The procedure is used in both criminal and civil cases when there is an irregularity or defect in procedures.


Wage garnishment is a legal procedure in which a person's earnings are required by court order to be withheld by an employer for the payment of a debt, such as a judgment. The usual mode of attacking a garnishment directly is by a motion to quash or discharge the writ.


This form is a generic motion and adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

You may apply to the court for an order suspending further garnishments by the same creditor upon your paying a certain sum of money weekly, biweekly, or monthly, to pay the judgment. If you file this motion, the garnishment of your wages will stop for as long as you make the payments ordered by the court.

Summary: Tennessee law allows you to stop a wage garnishment by requesting a payment plan, paying off the debt, filing for bankruptcy, and applying for exemptions. Understand how these regulations work and which may work best for your circumstances.

You will have to go to court and explain to the judge why you need the garnishment stopped. If the judge stops the garnishment, the judge will set a monthly payment amount that you will need to pay each month. If you make each monthly payment, the creditor cannot issue another garnishment.

If you know that you owe the debt, Tennessee law allows you to protect up to $10,000 in personal property from creditors. You can file a form called "Protected Income and Assets." Once you file this form a creditor cannot take the property listed on the form.

Some sources of income are considered protected in account garnishment, including: Social Security, and other government benefits or payments. Funds received for child support or alimony (spousal support) Workers' compensation payments.

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. If the garnishee holds property other than money or wages, a judgment may be entered for that property and a writ of execution may issue against the garnishee.

Filing Bankruptcy Stops Wage Garnishment In Tennessee As soon as you file bankruptcy, an automatic stay is issued. This is an order to all creditors that they must stop collection actions, including wage garnishment.

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.

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Tennessee Motion of Defendant to Discharge or Quash Writ of Garnishment for Failure to Serve Copy of Writ on Defendant and Notice of Motion