Tennessee Notice to Garnishee and to Judgment Debtor

State:
Tennessee
Control #:
TN-SKU-0176
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Notice to Garnishee and to Judgment Debtor

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FAQ

RULE 69. This rule applies to executions and garnishments on legal and equitable interests in personalty, including intangibles, and realty to satisfy judgments in all courts in Tennessee. A Circuit Court judgment will reach equitable interests without a Chancery Court action to enforce the judgment.

P. 59.04. A motion to alter or amend a judgment shall be filed and served within thirty (30) days after the entry of the judgment.

Proceeds of the sale shall be applied first to the sheriff's statutory fees and reasonable expenses, then to court costs, then to the judgment creditor, and then any remaining balance to the judgment debtor. Bona fide purchasers for value at the sale shall take free of any defects concerning 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.

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.

How long does a judgment lien last in Tennessee? A judgment lien in Tennessee will remain attached to the debtor's property (even if the property changes hands) for ten years.

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.

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.

More info

The law provides that certain property and wages cannot be taken in garnishment. Such property is said to be exempted.D.C. law automatically protects certain amounts of wages from garnishment. Deliver one completed and signed copy of this form, and the accompanying documents entitled "NOTICE TO THE JUDGMENT DEBTOR" and. You must provide one copy this form to the judgment debtor and one copy to the garnishee once it is completed. 5-105 - Notice to judgment debtor in continuing garnishment, Colo. Rev. Stat. Step Three – The Garnishee (Employer) must serve the Judgment Creditor with a completed Garnishment Disclosure form. Completed within ten days after service of the notice of levy on, you, the Judgment Debtor. If the judgment creditor does not file a Notice of Satisfaction, you can ask the court to issue an order. Determine if you possess or control money or property of the judgment debtor.

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Tennessee Notice to Garnishee and to Judgment Debtor