Tennessee Motion to Pay Judgement by Installments
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How to fill out Tennessee Motion To Pay Judgement By Installments?
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FAQ
State and federal laws prevent certain types of money or property from being used to pay a judgment. Such money or property is ?exempt.? Examples of exempt money are: Social Security benefits, SSI, unemployment benefits, Veterans' benefits, AFDC, and most government pensions.
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.
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.
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.
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 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).