Tennessee SLOW PAY - Debtor's Filing of Exempt Property
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FAQ
Real Property: The Tennessee Homestead Exemption Using a homestead exemption allows you to keep your real estate so that the bankruptcy trustee can't sell it to pay off your debts. The homestead exemption in Tennessee is $5,000 for single filers and $7,500 for married couples who are joint owners.
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.
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.
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.?
You will need to file a Slow Pay motion in the court where the judgment was entered. In your motion, you must include the payment amount and frequency (e.g., monthly, biweekly) that you are proposing to pay on 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.
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.