Tennessee Application for Writ of Continuing Garnishment
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How to fill out Tennessee Application For Writ Of Continuing Garnishment?
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FAQ
How do I stop the garnishment on my wages? The defendant may, upon payment of a $25.00 filing fee, file a motion for installment payments. A stay of garnishment is issued upon the first filing of a motion for installment payments.
You can stop a garnishment by: Paying off the debt in full. Filing an objection to the garnishment with the court if you have legal basis, such debt was a result of fraud or identity theft. Filing for court protection and debt resolution through Chapter 13 or Chapter 7 bankruptcy.
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. The judgment creditor must mail a copy of the motion to the judgment debtor at their last known address.
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.
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 stay of garnishment is issued upon the first filing of a motion for installment payments. A court date is set within approximately eight days from the filing of the motion for installment payments to be reviewed by a General Sessions Court Judge. The Judge will grant or deny the motion before the court.
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.