Tennessee Garnishment Affidavit
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How to fill out Tennessee Garnishment Affidavit?
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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.
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.
Section 26-2-216 of the Tennessee Code establishes a process known in Tennessee as "Slow Pay." That section says that if you do not have any way to pay off a judgment against you other than your wages, you may set up an affordable payment plan through the court that issued the judgment.
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.
The state mostly abides by the federal wage garnishment laws (up to 25% of your paycheck), with one addition to protect debtors: to get a garnishment in TN, creditors have to file a lawsuit. This protects debtors in a few ways: the creditors have to prove the debt in court. they have to notify the debtor.
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.
The garnishment amount is limited to 25% of your disposable earnings for that week (what's left after mandatory deductions) or the amount by which your disposable earnings for that week exceed 30 times the federal minimum hourly wage, whichever is less. (15 U.S.C. § 1673).