Tennessee Motion for Default Judgment against Garnishee

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Multi-State
Control #:
US-02714BG
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Word; 
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Description

Most states have laws that provided that if a garnishee, personally summoned, shall fail to answer as required by law, the court shall enter a judgment against him for the amount of plaintiff's demand.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

You can file a Slow Pay motion any time after the Judge decides you owe the money. You do not need a lawyer to file a Slow Pay Motion. If the Judge OKs your Motion, your paycheck will not be garnished unless you do not pay. If a garnishment already started, it will stop when the Judge hears your motion.

A participant meets the Rule of 60 if his or her age plus full years of service equal at least 60 and he or she either: (i) is at least age 50 with at least five full years of service; or (ii) is under age 50 with at least 20 full years of service.

RULE 55. Except for cases where service was properly made by publication, all parties against whom a default judgment is sought shall be served with a written notice of the application at least five days before the hearing on the application, regardless of whether the party has made an appearance in the action. Rule 55.01 - Tennessee Administrative Office of the Courts Tennessee Administrative Office of the Courts (.gov) ? rules ? rules-civil-procedure Tennessee Administrative Office of the Courts (.gov) ? rules ? rules-civil-procedure

RULE 60. Clerical mistakes in judgments, orders or other parts of the record, and errors therein arising from oversight or omissions, may be corrected by the court at any time on its own initiative or on motion of any party and after such notice, if any, as the court orders. Rule 60.01: Clerical Mistakes. | Tennessee Administrative Office of ... tncourts.gov ? rules ? rules-civil-procedure tncourts.gov ? rules ? rules-civil-procedure

RULE 62. Except as otherwise provided in this rule, no execution shall issue upon a judgment, nor shall proceedings be taken for its enforcement until the expiration of 30 days after its entry.

Once a judgment lien is created by registration as provided in § 25-5-101(b), it will last for the time remaining in a ten-year period from the date of final judgment entry in the court clerk's office.

So, in Tennessee, a creditor can garnish the lesser of: 25% of your disposable earnings for that week, or. the amount by which your disposable earnings for the week exceed 30 times the federal minimum hourly wage.

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.

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. Nothing Lasts Forever: Expiration and Extension of Judgments in Tennessee srvhlaw.com ? blog ? nothing-lasts-forever-expira... srvhlaw.com ? blog ? nothing-lasts-forever-expira...

6.01: By statute, "The time within which any act provided by law is to be done, shall be computed by excluding the first day and including the last, unless the last day is a Saturday, a Sunday, or a legal holiday, and then it shall also be excluded." Tenn. Code Ann. § 1-3-102.

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Tennessee Motion for Default Judgment against Garnishee