Title 26 Execution
Chapter 1 Issuance and Return in General
Part 1 General Provisions
§ 26-1-101. Writs to secure property.
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If a judgment or decree be that the party recover or be put in possession of the specific property, real or personal, the court may carry the same into effect by writ of possession or other process sufficient for the purpose.
§ 26-1-102. Attachment in nature of execution.
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In all cases where judicial process or execution, according to the principles of the common law, cannot be made to apply to the purpose of carrying into effect any judgment or decree of a court of record, the court may enforce the judgment or decree by attachment for contempt, in the nature of an execution. The proceedings under this writ are the same as are prescribed by this Code for the enforcement of the decrees of the chancery court, in §§ 21-1-801 — 21-1-809.
§ 26-1-105. Distringas or fieri facias against corporate property.
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The party, in whose favor a judgment or decree is rendered against a corporation, may sue out a distringas or fieri facias, to be levied as well on the choses in action as on the goods, chattels, lands, and tenements of the corporation, and, in case of a levy on choses in action, the court may appoint a receiver to collect the same.
§ 26-1-106. Execution for benefit of executive officer's sureties.
- (a)
Whenever a judgment by motion or action at law is had against a sheriff, coroner, or constable, and the official sureties of such officer, for a failure of duty in and about an execution, and the amount of such judgment has been paid by the sureties, the sureties are entitled, at their cost and risk, to issue an execution for their benefit on the original judgment.
- (b)
The clerk shall, in such case, endorse upon the execution at whose instance it is sued out, and take from such persons bond with security in a sufficient amount for the costs and damages which may accrue.
§ 26-1-107. Setting aside satisfaction after recovery of property by defendant.
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In all cases in which property, real or personal, is recovered from the purchaser at execution or master's sale, by the defendant, heirs or representatives of the defendant, or by third persons, the court rendering the judgment or making the sale, may, in its discretion, upon application of such purchaser, and scire facias sued out, set aside the satisfaction entered, and revive the original judgment or decree for the benefit of the purchaser.
§ 26-1-110. Garnishee unable to identify defendant.
- (a)
A garnishee who:
- (1)
Receives an execution without the defendant's social security number, if an individual, or federal taxpayer identification, if a corporation, partnership, trust or other entity; and
- (2)
After reasonable effort is otherwise unable to identify the defendant or to distinguish the defendant from other individuals or entities based on the information provided on the execution;
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may return the execution with the statement “Defendant cannot be identified or distinguished from information provided on the execution.”
- (b)
The failure to include a social security number or taxpayer identification number shall not invalidate the execution.
§ 26-1-111. Suspension of foreclosure proceedings for active military personnel.
- (a)
Notwithstanding any provision of law to the contrary, if a member of a reserve or Tennessee national guard unit entered into a mortgage or deed of trust for the purchase of a home, or a contract for the purchase of a motor vehicle, and the person is subsequently called into active military service of the United States, as defined in § 58-1-102, and is stationed outside the United States during hostilities, then any provision of the contract or mortgage or deed of trust providing for foreclosure on the property or repossession of the motor vehicle shall be suspended until ninety (90) days following the military personnel’s return to this state.
- (b)
- (1)
- (A)
To exercise the benefits of this section, a service member shall, at any time prior to or during deployment, provide a written notice to the holder of the indebtedness stating the following:
- (i)
The person is a member of the reserve or Tennessee national guard;
- (ii)
The member has been called to active duty;
- (iii)
A copy of the deployment order is attached; and
- (iv)
The anticipated date of return to the state.
- (B)
In any action to foreclose or repossess as provided in this section, the holder of the indebtedness is entitled to rely on the anticipated date of return or discharge stated in either the deployment order or in the statement provided in subdivision (b)(1)(A)(iv) when seeking to foreclose or repossess.
- (2)
At any stage before a final foreclosure sale or a final sale of repossessed property under the Uniform Commercial Code, compiled in title 47, chapters 1-9, the sale shall be stayed; provided, that the service member gives notice as provided in § 202 of the Servicemembers Civil Relief Act (50 U.S.C. Appx. § 522).
- (c)
This section shall not apply to a service member who executes a waiver pursuant to § 107 of the Servicemembers Civil Relief Act (50 U.S.C. Appx. § 517).
Part 2 Time for Issuance
§ 26-1-201. Issuance without demand.
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The clerks of the several courts may issue executions in favor of the successful party on all judgments as soon after the adjournment of the court as practicable within the time prescribed by this code, without any demand of the party.
§ 26-1-202. Time of issuance from Supreme Court.
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Each clerk of the supreme court is authorized and directed to issue execution and writ of possession upon any final judgment or decree of the supreme court for such clerk's division at any time after the expiration of the ten (10) days allowed for the filing of petition to rehear after the final judgment or decree is rendered by the court.
§ 26-1-206. Accelerated execution.
- (a)
After the adjournment of the court, and before the expiration of the time prescribed by §§ 26-1-202 — 26-1-206, the clerk shall issue execution without delay, upon affidavit made and filed in that clerk's office, that the defendant is about fraudulently to dispose of, conceal, or remove the defendant's property, to the endangering of plaintiff's debt.
- (b)
Upon the rendition of judgment or decree, execution may be issued, by leave of the court, before the adjournment thereof, the plaintiff or the plaintiff's agent or attorney of the plaintiff, showing sufficient cause by affidavit.
- (c)
In like manner, general sessions courts may, immediately after judgment and before the expiration of the time allowed by law for the stay of execution, issue execution on good cause shown by affidavit; and affidavit by the plaintiff, or the plaintiff's agent or attorney of the plaintiff, as prescribed in subsection (a), shall be good cause within the meaning of this subsection (c).
- (d)
The issuance of execution under subsections (b) and (c), shall not deprive the defendant of any right the defendant would otherwise have had.
§ 26-1-207. Issuance on demand.
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In all other cases, the clerk shall issue to the plaintiff, the plaintiff's agent or attorney, on demand, an execution on any judgment or decree to which the plaintiff is entitled. Any clerk, who fails or refuses to issue execution as prescribed in this section, forfeits five hundred dollars ($500), to be recovered by action, and is liable to the party aggrieved in damages, and commits a Class C misdemeanor, for which, upon conviction, such clerk shall be removed from office.
Part 3 Endorsement and Docketing
§ 26-1-301. Endorsement on execution.
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The clerk shall endorse on the execution, when issued, the date and amount of the judgment, and the items of the bill of costs, written in words, and the amounts distinctly stated in figures, and the date of issuance.
§ 26-1-302. Docket entry.
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The clerk shall also enter upon the execution docket the date of the issuance of such execution, and to what county and officer issued; the return of the officer, with the date of such return; the dates and amounts of all moneys received into or paid out of the office thereon; the entries to be made at the time of the issuance, receipt, or payment, as the case may be.
§ 26-1-303. Penalties for failure to endorse or docket.
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Any clerk neglecting § 26-1-301 or § 26-1-302 is liable to a penalty of one hundred twenty-five dollars ($125), to be recovered by action, one-half (½) to the informer and the other one-half (½) to the state, to damages at the suit of the party aggrieved, and commits a Class C misdemeanor, for which, on conviction, such clerk shall be removed from office.
§ 26-1-304. Endorsement by executive officer.
- (a)
The officer to whom an execution is legally issued, shall, in like manner, endorse thereon the day on which such officer received it, any levy, sale or other act done by virtue thereof, with the date, and the dates and amounts of any receipts or payments in satisfaction thereof, the endorsements to be made at the time of the receipt or act done.
- (b)
Any officer, who fails or neglects to comply with the provisions of this section, forfeits one hundred twenty-five dollars ($125) to any person who will sue therefor, and also commits a Class C misdemeanor, for which, on conviction, such officer may be removed from office.
Part 4 Return
§ 26-1-401. When executions returnable.
- (a)
All executions issuing from the supreme court, court of appeals, circuit, chancery, criminal and special courts shall be returnable within thirty (30) days after the date of their issuance.
- (b)
All general sessions executions shall be returnable within thirty (30) days after the date of their issuance either to the court that issued them or to the court that has possession of the original judgment.
§ 26-1-402. Duties of executing officer.
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Every sheriff or other officer to whose hands an execution may legally come shall give a receipt therefor, if required, and make sufficient return thereof, together with the money collected, on or before the return day as prescribed in § 26-1-401.
Chapter 2 Exemptions—Garnishment
Part 1 Exemptions
§ 26-2-101. Short title.
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This chapter shall be known and may be cited as the “Personal Property Owner's Rights and Garnishment Act of 1978.”
§ 26-2-102. Part definitions.
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As used in this part, unless the context otherwise requires:
- (1)
“Earnings” means the compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonus, or otherwise, and includes periodic payments pursuant to a pension or retirement program;
- (2)
“Disposable earnings” means that part of the earnings of an individual remaining after the deduction from those earnings of any amounts required by law to be withheld; and
- (3)
“Garnishment” means any legal or equitable procedure through which the earnings of an individual are required to be withheld for payment of any debt.
§ 26-2-103. Personal property selectively exempt from seizure; exception.
- (a)
Personal property to the aggregate value of ten thousand dollars ($10,000) debtor's equity interest shall be exempt from execution, seizure or attachment in the hands or possession of any person who is a bona fide citizen permanently residing in Tennessee, and such person shall be entitled to this exemption without regard to the debtor's vocation or pursuit or to the ownership of the debtor's abode. Such person may select for exemption the items of the owned and possessed personal property, including money and funds on deposit with a bank or other financial institution, up to the aggregate value of ten thousand dollars ($10,000) debtor's equity interest.
- (b)
An item shall not be eligible, in whole or in part, for the personal property exemption provided by this part, if the item has been purchased with or maintained by fraudulently obtained funds or if ownership of the item has been maintained using fraudulently obtained funds. A court shall be required to find by a preponderance of the evidence that an item was purchased with or maintained by funds obtained by defrauding another person or that ownership of an item was maintained by funds obtained by defrauding another person in order to disqualify the item from eligibility for the personal property exemption.
§ 26-2-104. Additional personal property absolutely exempt.
- (a)
In addition to the exemption set out in § 26-2-105, there shall be further exempt to every resident debtor the following specific articles of personalty:
- (1)
All necessary and proper wearing apparel for the actual use of debtor and family and the trunks or receptacles necessary to contain same;
- (2)
All family portraits and pictures;
- (3)
The family Bible and school books.
- (b)
The exemption under this section is absolute, and may be exercised by the judgment debtor before or after issuance of any execution, seizure or attachment by a judgment creditor, unless a judgment creditor, is by execution, foreclosing a security agreement on such property.
§ 26-2-105. State pension moneys, certain retirement plan funds or assets, exempt — Claims under qualified domestic relations order.
- (a)
All moneys received as pension from the state or a political subdivision as defined in § 4-58-102, before receipt, or while in the recipient's hands or upon deposit in the bank, shall be exempt from execution, attachment or garnishment other than an order for assignment of support issued under § 36-5-501 or a qualified domestic relations order as provided in subsection (c), whether such pensioner is the head of a family or not.
- (b)
Except as provided in subsection (c), any funds or other assets payable to a participant or beneficiary from, or any interest of any participant or beneficiary in, a retirement plan which is qualified under §§ 401(a), 403(a), 403(b), 408 and 408A, or an Archer medical savings account qualified under § 220 or a health savings account qualified under § 223 of the Internal Revenue Code of 1986, as amended, are exempt from any and all claims of creditors of the participant or beneficiary, except the state. All records of the debtor concerning such plan and of the plan concerning the debtor's participation in the plan, or interest in the plan, are exempt from the subpoena process.
- (c)
Any plan or arrangement described in subsection (b), is not exempt from the claims of an alternate payee under a qualified domestic relations order. However, the interest of any and all alternate payees under a qualified domestic relations order are exempt from any and all claims of any creditor, other than the state. As used in this subsection (c), “alternate payee” and “qualified domestic relations order” have the meaning ascribed to them in § 414(p) of the Internal Revenue Code of 1986, as amended. Notwithstanding this subsection (c) to the contrary, an optional retirement program established pursuant to title 8, chapter 25, part 2 shall honor claims under a qualified domestic relations order that complies with § 8-25-210.
§ 26-2-106. Maximum amount of disposable earnings subject to garnishment — Garnishment costs.
- (a)
The maximum part of the aggregate disposable earnings of an individual for any workweek which is subjected to garnishment may not exceed:
- (1)
Twenty-five percent (25%) of the disposable earnings for that week; or
- (2)
The amount by which the disposable earnings for that week exceed thirty (30) times the federal minimum hourly wage at the time the earnings for any pay period become due and payable, whichever is less.
- (b)
In the case of earnings for any pay period other than a week, an equivalent amount shall be in effect.
- (c)
The debtor shall pay the costs of any and all garnishments on each debt on which suit is brought.
§ 26-2-107. Exemptions for dependent children.
- (a)
To the above allowances, there shall be added as exempt to the judgment debtor the sum of two dollars and fifty cents ($2.50) per week for each dependent child under sixteen (16) years of age and a resident of this state.
- (b)
It is the responsibility of the judgment debtor to inform the employer of each dependent child claimed under this section.
- (c)
This section shall not apply if the debtor fails to so inform the employer.
§ 26-2-108. Personal earnings not exempt from order for alimony or child support.
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The personal earnings of the debtor shall not be exempt from an order, judgment, decree, installment thereof, or assignment for support as provided in title 36, chapter 5 and/or § 50-2-105, when such order, judgment or decree is rendered for the support of such debtor's minor child or children; nor when such order, decree or judgment is for alimony and the party in whose favor such order was rendered has not remarried.
§ 26-2-110. Insurance benefits exempt.
- (a)
There shall be exempt from the claims of all creditors, and from execution, attachment, or garnishment, any sum or sums of money which may hereafter become due and payable to any person, who is a resident and citizen of this state, from any insurance company or other insurer, under the terms and provisions of any contracts of accident, health, or disability insurance insuring the assured against loss by reason of accidental personal injuries, or insuring the assured against loss by reason of physical disability resulting from disease.
- (b)
In the event of the death of any such person so insured as set out in subsection (a), any sum or sums of money so due and payable at the time of the death of the insured shall likewise be exempt from the claims of all creditors and from execution, attachment or garnishment, in the same manner as provided in §§ 56-7-201, 56-7-203.
- (c)
As regards those cases where disability may have begun prior to May 21, 1937, the exemptions granted in subsections (a) and (b) shall apply to installment payments under such contract or contracts of insurance which may become due and payable for such weekly, monthly or other installment term (as determined by the contract of insurance) as may have commenced on or after such date.
§ 26-2-111. Additional exemptions — Certain benefit payments — Awards — Tools of trade — Health care aids — Child support obligations.
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In addition to the property exempt under § 26-2-103, the following shall be exempt from execution, seizure or attachment in the hands or possession of any person who is a bona fide citizen permanently residing in this state:
- (1)
The debtor's right to receive:
- (A)
A social security benefit, unemployment compensation, a Families First program benefit or a local public assistance benefit;
- (B)
A veterans' benefit;
- (C)
A disability, illness, or unemployment benefit, or a pension that vests as a result of disability;
- (D)
- (i)
To the same extent that earnings are exempt pursuant to § 26-2-106, a payment under a stock bonus, pension, profitsharing, annuity, or similar plan or contract on account of death, age or length of service, unless:
- (a)
Such plan or contract was established by or under the auspices of an insider that employed the debtor at the time that the debtor's rights under such plan or contract arose;
- (b)
Such payment is on account of age or length of service; and
- (c)
Such plan or contract does not qualify under §§ 401(a), 403(a), 403(b), 408, 408A, or 409 of the Internal Revenue Code of 1954 (26 U.S.C. §§ 401(a), 403(a), 403(b), 408, 408A or 409);
- (ii)
The assets of the fund or plan from which any such payments are made, or are to be made, are exempt only to the extent that the debtor has no right or option to receive them except as monthly or other periodic payments beginning at or after age fifty-eight (58). Assets of such funds or plans are not exempt if the debtor may, at the debtor's option, accelerate payment so as to receive payment in a lump sum or in periodic payments over a period of sixty (60) months or less;
- (E)
Alimony to the extent that payment becomes due more than thirty (30) days after the debtor asserts a claim to such exemption in any judicial proceeding; and
- (F)
Child support payments to the extent that payment becomes due more than thirty (30) days after the debtor asserts a claim to such exemption in any judicial proceeding;
- (2)
The debtor's right not to exceed in the aggregate fifteen thousand dollars ($15,000) to receive or property that is traceable to:
- (A)
An award not to exceed five thousand dollars ($5,000) under a crime victim's reparation law;
- (B)
A payment, not to exceed seven thousand five hundred dollars ($7,500) on account of personal bodily injury, not including pain and suffering or compensation for actual pecuniary loss, of the debtor or an individual of whom the debtor is a dependent; or
- (C)
A payment not to exceed ten thousand dollars ($10,000) on account of the wrongful death of an individual of whom the debtor was a dependent;
- (3)
A payment in compensation of loss of future earnings of the debtor or an individual of whom the debtor is or was a dependent, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor;
- (4)
The debtor's aggregate interest, not to exceed one thousand nine hundred dollars ($1,900) in value in any implements, professional books, or tools of the trade of the debtor or the trade of a dependent of the debtor;
- (5)
Professionally prescribed health care aids for the debtor or a dependent of the debtor; and
- (6)
Liquid assets, stocks or bonds, to the extent of the amount of any obligations owed by the debtor pursuant to any final court order or judgment for child support. The exemption shall be effective as of the date such exemption is claimed by the debtor or by an intervening representative of the child or children to whom such support is owed. Further, this exemption is only valid if such assets are immediately deposited into court by the debtor or immediately executed upon, seized or attached on behalf of the child or children for the partial or full satisfaction of child support obligations.
§ 26-2-112. Exemptions for the purpose of bankruptcy.
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The personal property exemptions as provided for in this part, and the other exemptions as provided in other sections of the Tennessee Code Annotated for the citizens of Tennessee, are hereby declared adequate and the citizens of Tennessee, pursuant to section 522 (b)(1), Public Law 95-598 known as the Bankruptcy Reform Act of 1978 (11 U.S.C., § 522 (b)(1)), are not authorized to claim as exempt the property described in the Bankruptcy Reform Act of 1978 (11 USC § 522 (d)).
§ 26-2-113. Exemptions in criminal cases — Exemptions not applicable in certain cases.
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Property exempted by this part shall be exempt from seizure in criminal as well as in civil cases, but the same shall not be exempt from distress or sale for taxes; or for fines and costs for voting out of the civil district or ward in which the voter lives; or for carrying deadly or concealed weapons contrary to law; or for giving away or selling intoxicating liquors on election days.
§ 26-2-114. Procedure for exercising exemption — Notice.
- (a)
Should a bona fide citizen permanently residing in Tennessee become a judgment debtor, such debtor must exercise the exemption as provided in § 26-2-103 by filing a list of all the items owned, constructive or actual, which the judgment debtor chooses to declare as exempt, together with the value of each such item. Such listing shall be on oath and filed with the court having jurisdiction. Furthermore, the judgment debtor may modify or amend the listing from time to time as the individual deems necessary.
- (b)
Such claim for exemption by way of listing, modification or amendment thereto may be filed either before or after the judgment in the case has become final and shall have effect as to any execution issued after the date such claim for exemption is filed. However, subject to such exemption as is further set forth herein, a claim for exemption filed after the judgment has become final will have no effect as to an execution which is issued prior to the date the claim for exemption is filed, and as to such preexisting execution the claim for exemption shall be deemed waived.
- (c)
It is the duty of the clerk of the court from which process is issued to cause to be stapled to, printed upon or otherwise securely affixed to the warrant, summons or other leading process in the action a typed or printed notice which shall read as follows:
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TO THE DEFENDANT OR DEFENDANTS:
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Tennessee law provides a ten thousand dollar ($10,000) personal property exemption from execution or seizure to satisfy a judgment. If a judgment should be entered against you in this action and you wish to claim property as exempt, you must file a written list, under oath, of the items you wish to claim as exempt with the clerk of the court. The list may be filed at any time and may be changed by you thereafter as necessary; however, unless it is filed before the judgment becomes final, it will not be effective as to any execution or garnishment issued prior to the filing of the list. Certain items are automatically exempt by law and do not need to be listed; these include items of necessary wearing apparel for yourself and your family, and trunks or other receptacles necessary to contain such apparel, family portraits, the family Bible, and school books. Should any of these items be seized, you would have the right to recover them. If you do not understand this exemption right or how to exercise it, you may wish to seek the counsel of a lawyer.
§ 26-2-115. Examination of judgment debtor and others.
- (a)
Upon proper application by the judgment creditor, the judgment creditor may examine any person, including the judgment debtor, in order to determine the truth and correctness of the facts stated in the judgment debtor's listing as provided in § 26-2-114.
- (b)
Upon application of the judgment creditor, the court may inquire into the truth and sufficiency of the debtor's claim for exemption, and may, where the debtor knowingly makes false claim for exemption, enter an order denying the debtor the right to make further claim for exemption as to that creditor's judgment. The clerk shall immediately forward a copy thereof to the employer. The creditor may likewise challenge the employer's answer in the manner now provided by law.
Part 2 Garnishment
§ 26-2-201. Part definitions.
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As used in this part:
- (1)
“Clerk” means a clerk of a court of general sessions, the courts of record or any other courts duly established under the laws of Tennessee;
- (2)
“Court” means the court of general sessions, the courts of record or any other courts duly established under the law of Tennessee;
- (3)
“Property, debts, and effects” includes real estate and choses in action, whether due or not, and judgments before a court; also money or stocks in an incorporated company.
§ 26-2-202. Property, debts and effects liable to satisfy judgment.
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All property, debts and effects of the defendant in the possession or under the control of the garnishee shall be liable to satisfy the plaintiff's judgment, from the service of the notice, or from the time they came into the plaintiff's hands, if acquired subsequent to the service of notice, and before judgment.
§ 26-2-203. Summons of garnishee.
- (a)
The officer may summon, in writing, any person as garnishee, to appear at the court from which the execution is issued, or before any other court to whom the execution is returnable, as the case may be and answer the garnishment, at a time set by the clerk of the court not less than ten (10) business days after date of service, except that such ten-day requirement shall not apply when the execution was issued from a court and either the officer or the clerk of the court shall set the time when such garnishee shall appear.
- (b)
The summons to the garnishee shall notify the garnishee as follows:
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NOTICE — Although you have a longer time in which to answer the court concerning this garnishment, Determine if you possess or control money or property of the judgment debtor. If so, within that same time period, you shall furnish a copy of the garnishment summons and Notice to Judgment Debtor by mailing them first class, postage prepaid, to the judgment debtor's last known address as shown by your records, or by actual delivery to the judgment debtor. If the address shown by your records differs from that shown on this execution form, you shall also mail a copy of the garnishment and notice to the latter address.
- (c)
As used in this section, unless the context otherwise requires, “business day” means any day other than a Saturday, Sunday, legal holiday, or a day when the clerk's office is closed.
- (d)
If the service of the summons is made upon an employee of the garnishee rather than the garnishee, and such employee is also the judgment debtor, such summons is voidable by the court by reason of improper service. If the court so voids the summons for this reason, it shall not be effective as to the garnishee.
§ 26-2-204. Examination of garnishee — Answer.
- (a)
The garnishee may be required to answer under oath:
- (1)
Whether such garnishee is, or was at the time of the garnishment, indebted to the defendant; if so, how and to what amount;
- (2)
Whether such garnishee had in possession or under such garnishee's control any property, debts, or effects belonging to the defendant, at the time of serving the notice, or has at the time of answering, or has had at any time between the date of service and the time of answering; if so, the kind and amount;
- (3)
Whether there are, to such garnishee's knowledge and belief, any and what property, debts, and effects in the possession or under control of any other, and what, person;
- (4)
Such other questions appearing on or attached to the original execution put to the garnishee by the court of the judgment creditor as may tend to elicit the information sought.
- (b)
The garnishee may appear and make an answer initially either in person or by filing a written answer.
§ 26-2-206. Execution awarded for property in garnishee's hands.
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If, upon the answer and the examination of the garnishee, it appears that the garnishee has property, debts, or effects in the garnishee's hands or under the garnishee's control, liable for the plaintiff's debt, judgment may be entered, and execution awarded for the property, money, or effects, as the case may be, or so much thereof as will be sufficient to satisfy the plaintiff's debt and costs and all charges incident to the proceedings.
§ 26-2-207. Notice to other persons holding defendant's property.
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So, also, if the garnishee's examination shows that any property, debts, or effects of the defendant are probably in the hands of other persons, the court shall, on the application of the plaintiff, issue notice to such persons to come forward and answer as garnishees, and the same proceedings may be had as in other cases.
§ 26-2-209. Failure to appear or answer.
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The date garnishee's answer is received by the court clerk shall be noted on the docket book in the proper manner, whether or not the answer discloses any property subject to garnishment. If the garnishee fails to appear or answer, a conditional judgment may be entered against the garnishee for the plaintiff's debt, upon which a notice shall issue to the garnishee returnable at such time as the court may require, to show cause why judgment final should not be rendered against the garnishee. On failure of the garnishee to appear and show cause, the conditional judgment shall be made final, and execution awarded for the plaintiff's entire debt and costs.
§ 26-2-210. Levy of execution on land.
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If an execution is issued by a court that is not a court of record and a levy is made upon land or an interest in land, then the execution and other papers in connection therewith shall be returned to the circuit court of the county for condemnation as in other cases of the levy of a court's execution on land.
§ 26-2-212. Certificate given to garnishee stating date and amount of judgment.
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The garnishee against whom judgment has been rendered is entitled to a certificate from the clerk stating the date and amount of the garnishment judgment, in whose favor and in what case rendered. Such certificate shall have all the force and effect of a receipt against the original debt, and entitle the garnishee to a credit to the amount thereof on the original judgment, or on the execution if already issued, to be entered by the officer.
§ 26-2-213. Lien upon debts due and payable in future.
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If upon disclosure made on oath by the debtor it appears that the garnishee is indebted to the defendant, but that the debt is not payable and will not become due until some future time, then such judgment as the plaintiff may recover shall constitute a lien upon the debt until and at the time it becomes due and payable.
§ 26-2-214. Garnishment of compensation due from garnishee.
- (a)
Upon the garnishment of earnings due from a garnishee, the garnishee shall:
- (1)
Pay the judgment debtor the amount of such debtor’s exempt earnings;
- (2)
Submit as a part of the judgment debtor’s answer to the garnishment a statement of the judgment debtor’s dependent children under sixteen (16) years of age who are residents of this state; and
- (3)
Furnish the judgment debtor with a copy of the garnishment summons containing the notice of the judgment debtor’s right to the exemptions from wage garnishment specified in federal law and in §§ 26-2-106 and 26-2-107 of the right to apply to the court for an order staying further garnishment and allowing the judgment debtor to pay the judgment in installments, and of procedures the judgment debtor can follow to contest the garnishment.
- (b)
- (1)
To the extent of the amount due upon the judgment and costs, the garnishee shall hold, subject to the order of the court, any nonexempt earnings due or that subsequently become due. The judgment or balance due is a lien on earnings due at the time of the service of the execution. The lien shall continue as to subsequent earnings until the total amount due upon the judgment and costs is paid or satisfied, or until the expiration of the payment period immediately prior to six (6) calendar months after service of the execution, whichever occurs first. The lien on subsequent earnings shall terminate sooner if the relationship between judgment debtor and garnishee is terminated or if the underlying judgment is vacated or modified.
- (2)
A lien obtained under this section shall have priority over any subsequent liens obtained under this section.
- (c)
Nothing in this section with respect to the relationship between the judgment debtor and the garnishee shall be construed to affect the underlying relationship of the parties, including, but not limited to, the relationship of employer-employee or the independent contractor relationship as otherwise provided by law.
§ 26-2-216. Installment payments to obtain stay of garnishment — Service of garnishment summons.
- (a)
- (1)
After any judgment has been rendered in any court and the time to appeal therefrom has elapsed without such an appeal having been made, the judge of the court which rendered the judgment may, either before or after the issuance and service of garnishment, upon written consent of the parties or upon written motion of the judgment debtor, after due notice and after full hearing of such motion, enter an order requiring such judgment debtor to pay to the clerk of the court a certain sum of money weekly, biweekly or monthly to apply upon such judgment. The filing of such motion by the debtor shall stay the issuance, execution or return of any writ of garnishment against wages or salary due the judgment debtor or any other funds belonging to the judgment debtor sought to be substituted to the satisfaction or payment of or upon such judgment during the period that such judgment debtor complies with the order of the court. Such motion of the judgment debtor shall be supported by an affidavit stating the debtor's inability to pay such debt with funds other than those earned by the debtor as wages or salary, or received from other sources in such amounts as to necessitate or make equitable installment payments, the name and address of the debtor's employer, or other source of funds and amount of such wages or salary, and the date of payment thereof.
- (2)
Notwithstanding subdivision (a)(1), upon written consent of the parties, the hearing of the judgment debtor's motion to pay the judgment in installments may be held on the same date that such judgment is entered.
- (3)
The judgment debtor may file only one (1) motion to establish payments for each judgment; however, if the motion is denied, or the order establishing payments is not complied with, at the court's discretion for good cause shown, the stay order may be reinstated as provided in § 26-2-217, with the reinstated stay order to affect only pay periods subsequent to the reinstatement.
- (4)
Notwithstanding subdivision (a)(1), the filing of a motion by a judgment debtor who has admitted the debt and is paying the judgment by agreed installment payments shall not stay the issuance, execution or return of any writ of garnishment against wages or salary due the judgment debtor or any satisfaction or payment of or upon such judgment.
- (b)
- (1)
It is the duty of the sheriff or other officer serving the garnishment summons upon the employer garnishee to:
- (A)
Obtain a receipt acknowledging service of such summons signed by the employer garnishee, if a person, or signed by an officer, managing agent or designated agent for service of the employer garnishee, if a corporation, company or business entity; or
- (B)
Sign and return to the court a sworn statement to the effect that the summons was duly served but such employer garnishee or such officer, managing agent or designated agent of the employer garnishee refused to sign a receipt acknowledging service; and
- (C)
The garnishment summons served by the sheriff shall have attached a notice to the employer that the employer is required to withhold the garnishment amount from the employee's wages, that the employer is required to pay these moneys to the court, and that the employer is liable for failure to withhold from the garnishee's wages and for failure to pay these moneys to the court.
- (2)
The sheriff or other officer shall serve three (3) copies of the garnishment summons upon the employer garnishee, all of which shall contain a conspicuously typed or printed notice which shall read as follows:
-
-
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. You have the following rights:
-
See the notice below to the employer to find out how much of your wages are protected from garnishment.
-
-
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. You may wish to seek the counsel of a lawyer. If you are unable to afford an attorney, you may be eligible for free legal services to assist you.
-
If you file a motion, the court must hear and decide your motion promptly, and in no event later than fourteen (14) days from filing. The clerk will notify you of the time, date, and place of hearing. The court clerk's office can provide you with forms and with information about legal services in your area, but the clerk cannot give you legal advice.
-
-
You may apply to the court for an order suspending further garnishments by the same creditor upon your paying a certain sum of money weekly, biweekly, or monthly, to pay the judgment. If you file this motion, the garnishment of your wages will stop for as long as you make the payments ordered by the court.
-
The court clerk shall provide you with the necessary forms to make this application, or you may seek the counsel of an attorney. If you are unable to afford an attorney, you may be eligible for free legal services to assist you.
-
-
(A) Twenty-five percent (25%) of the garnishee's disposable earnings for that week, minus two dollars and fifty cents ($2.50) for each of the garnishee's dependent children under sixteen (16) years of age who resides in the state as provided in § 26-2-107; or
-
(B) The amount by which the garnishee's disposable earnings for that week exceed thirty (30) times the federal minimum hourly wage at the time the earnings for any pay period become due and payable, minus two dollars and fifty cents ($2.50) for each of the garnishee's dependent children under sixteen (16) years of age who resides in the state, whichever is less.
-
“Disposable earnings” means that part of the earnings of an individual remaining after the deduction from those earnings of any amounts required by law to be withheld.
-
In the case of earnings for a pay period other than a week, the weekly formula must be changed to apply to that pay period so as to exempt an equivalent percentage of disposable earnings. For example, the calculation concerning the federal minimum wage in subsection (b) should be computed as follows: WEEKLY: 30 times the federal minimum hourly wage (fmw) at the time the earnings for any pay period become due and payable; BI-WEEKLY: two (2) times thirty (30) fmw; SEMI-MONTHLY: two and one-sixth (2 ⅙) times thirty (30) fmw; and MONTHLY: four and one-third (4⅓) times thirty (30) fmw equals the amount to be subtracted from disposable earnings for that pay period.
-
If the judgment orders alimony and the person in whose favor the judgment was rendered has remarried, the above exemption applies. If the judgment orders the debtor to pay support for the debtor's minor child or children, or alimony and the person in whose favor the alimony judgment was rendered has not remarried, different standards apply under 15 U.S.C. § 1672(b). If the debtor is supporting a spouse or dependent child other than those for whom the order was entered, then fifty percent (50%) of the debtor's disposable earnings may be garnished. If the debtor is not supporting such additional dependents, a maximum of sixty percent (60%) may be garnished. These figures rise to fifty-five percent (55%) and sixty-five percent (65%), respectively, if the support order is for a period more than twelve (12) weeks before the pay period to be garnished.
-
If the judgment is for state or federal taxes, no disposable earnings are exempt under 15 U.S.C. § 1673(b).
-
NAME:
§ 26-2-217. Payments — Records — Delinquency — Notice of balance or of satisfaction.
- (a)
The clerk shall keep a record in such cause of all payments to and disbursements by the clerk.
- (b)
- (1)
Upon failure of such judgment debtor to comply with such order, the clerk shall make notation thereof on the record in such cause, and thereupon the stay of execution by garnishment shall immediately and without further act by any party become null and void.
- (2)
The judge in whose court judgment was rendered may, upon proper showing by affidavit of the judgment debtor and after full hearing thereof, reinstate the order and stay of garnishment, or may amend the order so as to alter the terms and the amount of payment, if it shall appear that such default was due to the lack of employment or other justifiable cause beyond the control of the judgment debtor.
- (c)
- (1)
In any case in which a garnishment has been answered by an employer garnishee and while the lien of garnishment created thereby is in effect the underlying judgment is paid in full or otherwise satisfied of record in the clerk's office, it shall be the duty of the court clerk promptly to notify the garnishee of the satisfaction of the judgment and the expiration of the lien of garnishment.
- (2)
The judgment creditor shall notify the court clerk of the balance due upon a judgment whenever the creditor causes the issuance or revival of a garnishment thereon. Furthermore, the judgment creditor shall notify the court clerk when the judgment has been satisfied.
§ 26-2-218. Written agreement for installment payments.
-
A written agreement for the payment of a judgment in installments, signed by the parties, their attorneys, or authorized agents acting in their behalf, and filed with the clerk of the court, shall have the same force and effect as an order made by the judge to stay the issuance, execution or return of any writ of garnishment against wages or salary due the judgment debtor during the period that such judgment debtor complies with the agreement.
§ 26-2-219. Failure to comply with agreement.
- (a)
Should the judgment debtor fail to strictly comply with the terms of an agreement as provided by § 26-2-218, the stay of execution by garnishment shall immediately become null and void.
- (b)
Upon the stay of execution by garnishment becoming void and the issuance and service of garnishment having taken place prior to the proceeding to obtain a stay of garnishment, the lien on wages provided by this section shall have priority over all liens executed subsequent to the original date of issuance.
§ 26-2-221. Garnishment of compensation due from state — Amount exempted.
-
Garnishment of salaries, wages or other compensation due from the state, or from any county or municipality, to any officer or employee thereof, is permissible. Garnishment of compensation due from the state to contractors or vendors of the state is permissible. No such officer, employee, contractor, or vendor may validly claim any privilege or immunity in that regard. Such officer, employee, contractor, or vendor shall be entitled to an exemption of the amount of wages, salary, or compensation so due as is exempt from levy or garnishment in favor of officers, employees, contractors, or vendors of private corporations in like circumstances. However, notwithstanding any other provision of law to the contrary, nothing set forth in this section shall be construed to apply to or to allow garnishments of state compensation to contractors or vendors of the state where the state determines that payment of such garnishment would result in an interruption of essential state services.
§ 26-2-222. Garnishment procedure for state officers or employees.
- (a)
In case of garnishment of officers, employees, contractors, or vendors of the state, garnishment notice may issue from any court or any court of record and shall be served upon the commissioner of that department in which such officer, employee, contractor, or vendor shall be engaged, or with which the garnishee is connected. The date of service shall be the date upon which service upon the commissioner has been accomplished. If such garnishment is not served as set forth above, such service shall be considered ineffective, and the state shall not be liable for any sums due thereunder. Such commissioner, or the commissioner's designee, is directed to make answer to such garnishment notice or summons, stating the compensation, if any, due any state officer, employee, contractor, or vendor so garnisheed. Such commissioner is directed to withhold any amounts then due the state officer, employee, contractor, or vendor up to and including the amount of the judgment and costs on which the garnishment proceedings were predicated, until the garnishment is released by the issuing court or such funds are paid into that court, as provided by law, and is directed to pay to such officer, employee, contractor, or vendor any amount or sum which may be due such officer, employee, contractor, or vendor above the amount of such judgment and costs, or if applicable, above the amount of each periodic payment made from successive pay periods.
- (b)
In addition to the amount of the disposable earnings subject to garnishment, the state department of finance and administration shall be entitled to retain an administrative fee of five dollars ($5.00) due from the judgment debtor at the time of each payment made to the court as a result of the garnishment. The five dollar ($5.00) fee will be retained from the balance of the judgment debtor's earnings remaining after deducting the payment made to the garnishing court. If the maximum garnishable amount has been reached prior to retaining the five dollar ($5.00) fee, then such amount due shall remain owing to the state until paid.
- (c)
The time at which the garnishment lien attaches to the amounts due the state officer, employee, contractor, or vendor shall be seven (7) business days from the date of service of the garnishment.
- (d)
If the commissioner in the department in which the officer, employee, contractor, or vendor works, or the commissioner's duly authorized agent or attorney, fails to appear and answer such garnishment, it shall be presumed that the state is indebted to the officer, employee, contractor, or vendor to the full amount of the judgment creditor's demand, and thereupon a conditional judgment may be entered against the state for the judgment to the extent of the garnishable funds paid out by the state which were due the debtor during the period the garnishment was effective.
- (e)
After the entry of such conditional judgment a scire facias shall issue to the commissioner of the department in which the garnisheed officer, employee, contractor, or vendor works, returnable to the next term of the court or to a day and place fixed by the court, to show cause why final judgment should not be entered against the state.
- (f)
Upon the return of such scire facias, fully served upon the commissioner of the department in which the garnisheed officer, employee, contractor, or vendor works, and upon the failure of the state to appear and show cause, the conditional judgment against the state shall be made final. In such event, the commissioner is directed to pay any such judgment and deduct the amount thereof from wages, salaries, or other compensation owing to such officer, employee, contractor, or vendor garnisheed under this part. Notwithstanding the foregoing, in any case in which judgment is obtained under this section, if there is no compensation due such officer, employee, contractor, or vendor so garnisheed during the period such garnishment was effective, such judgment against the state shall be void and unenforceable.
- (g)
Any process required to be served under this section may be served, pursuant to the Tennessee Rules of Civil Procedure, by a private process server.
§ 26-2-224. Time for execution when multiple writs exist.
- (a)
Notwithstanding any other provision of law or rule to the contrary, a writ of garnishment that is filed later in time than another such writ, and which deducts the maximum amount allowable by law from the debtor's wages, shall not run concurrently with the earlier filed writ with regard to the six-month time limit prescribed in § 26-2-214. Such later filed writ of garnishment shall not begin to run until the earlier filed writ's judgment has been satisfied, such earlier filed writ has expired, or such earlier filed writ has been stayed by installment motion as prescribed in § 26-2-216.
- (b)
The time limit prescribed in § 26-2-214 shall not be extended beyond six (6) months from the date of filing if the garnishee has failed to answer or remit funds for such later filed writ.
- (c)
Nothing in this section shall be construed to affect the date of attachment or the status of any underlying statutory or common law lien rights of any later filed writ of garnishment.
§ 26-2-225. Notifying judgment creditor of new employment.
- (a)
A judgment debtor whose salaries, wages or other compensation are subject to a garnishment shall notify the judgment creditor who filed the writ of garnishment within ten (10) days, as computed in § 1-3-102, of obtaining any new employment. Notice to the judgment creditor shall be by certified mail and shall include the name, address and telephone number of the new employer. A judgment debtor who fails to provide notice of new employment in compliance with this section is in contempt of court and, upon the court making a determination of contempt, may be punished the same as contempt of court in a judicial proceeding. For purposes of a determination of contempt the debtor's notification of new employment to the judgment creditor shall be considered timely sent if mailed less than ten (10) days from the date of obtaining new employment.
- (b)
Any fees imposed by the clerk or any other party on the transfer of garnishment to the debtor's new employment shall be imposed on the debtor by adding the amount to the debt to be collected.
Part 3 Homestead Exemptions
§ 26-2-301. Basic exemption.
- (a)
An individual, whether a head of family or not, shall be entitled to a homestead exemption upon real property which is owned by the individual and used by the individual or the individual's spouse or dependent, as a principal place of residence. The aggregate value of such homestead exemption shall not exceed thirty-five thousand dollars ($35,000); provided, individuals who jointly own and use real property as their principal place of residence shall be entitled to homestead exemptions, the aggregate value of which exemptions combined shall not exceed fifty-two thousand five hundred dollars ($52,500), which shall be divided equally among them in the event the homestead exemptions are claimed in the same proceeding; provided, if only one (1) of the joint owners of real property used as their principal place of residence is involved in the proceeding wherein homestead exemption is claimed, then the individual's homestead exemption shall be thirty-five thousand dollars ($35,000). The homestead exemption shall not be subject to execution, attachment, or sale under legal proceedings during the life of the individual. Upon the death of an individual who is head of a family, any such exemption shall inure to the benefit of the surviving spouse and their minor children for as long as the spouse or the minor children use such property as a principal place of residence.
- (b)
If a marital relationship exists, a homestead exemption shall not be alienated or waived without the joint consent of the spouses.
- (c)
The homestead exemption shall not operate against public taxes nor shall it operate against debts contracted for the purchase money of such homestead or improvements thereon nor shall it operate against any debt secured by the homestead when the exemption has been waived by written contract.
- (d)
A deed, installment deed, mortgage, deed of trust, or any other deed or instrument by any other name whatsoever conveying property in which there may be a homestead exemption, duly executed, conveys the property free of homestead exemption, but the homestead exemption may not be waived in a note, other instrument evidencing debt, or any other instrument not conveying property in which homestead exemption may be claimed.
- (e)
[Deleted by 2021 amendment.]
- (f)
[Deleted by 2021 amendment.]
§ 26-2-302. Life estates and equitable estates.
-
Section 26-2-301 shall apply to life estates and equitable estates which are owned by an individual and used by the individual or individual's spouse or dependent as a principal place of residence. The homestead exemption in such estates shall be set apart as the court may prescribe in ordering the sale.
§ 26-2-303. Leasehold estates.
-
Section 26-2-301 shall apply to leasehold real property which is possessed and used by an individual, an individual's spouse, or an individual's dependent, as a principal place of residence, provided such leasehold estate is for more than two (2) and not exceeding fifteen (15) years. The homestead exemption upon leasehold estates shall not be exempt from execution or attachment for rent due thereon.
§ 26-2-304. Insurance proceeds from homestead.
-
All moneys arising from insurance on a homestead which is destroyed by fire, or by other disaster, shall be exempt in an amount not to exceed thirty-five thousand dollars ($35,000). This insurance exemption shall not operate so as to exclude the interest of any mortgagee at the time of the insurance loss so long as the mortgagee's interest is evidenced by a written contract.
§ 26-2-305. Family cemeteries and burial lots.
-
Any interest or estate in a family cemetery, not in excess of one (1) acre, or in a burial lot in a cemetery, or a space in a mausoleum, or a certificate of ownership thereof, is exempt from levy of execution or attachment except as in case of homestead.
§ 26-2-306. Exemption inapplicable in certain cases.
-
The homestead shall not be exempt from sale for the payment of public taxes legally assessed upon it, or from sale for the satisfaction of any debt or liability contracted for its purchase or legally incurred for improvements made thereon. It shall be exempt from seizure in criminal as well as in civil cases, but not exempt from distress or sale for taxes; or for fines and costs for voting out of the civil district, precinct or ward in which the voter lives; or for carrying deadly or concealed weapons contrary to law; or for giving away or selling intoxicating liquors on election days.
§ 26-2-307. Right of selection.
-
Each individual who is entitled to a homestead exemption shall have the right to elect where the homestead shall be set apart.
§ 26-2-308. Procedure to set apart.
-
Whenever real property of an individual who is entitled to a homestead exemption thereon is levied on by execution or attachment, the individual's homestead shall be set apart in the following manner:
- (1)
The officer executing the writs shall summon three (3) disinterested freeholders, not connected with the parties, and administer to them an oath to set apart the homestead out of the real estate so levied on;
- (2)
The freeholders shall examine the premises and upon oath set apart the homestead, if so desired by the individual entitled to the exemption, and set out in writing the boundaries thereof, and certify that such is the homestead set apart by them, and deliver the same to the debtor; and
- (3)
The remainder only of such lands so levied on or attached shall be subject to sale, which fact shall be returned on the execution.
§ 26-2-309. Sale and reinvestment of exempt proceeds.
-
When the real estate levied on is of greater value than thirty-five thousand dollars ($35,000), and is so situated that it cannot be divided so as to set apart the homestead, the freeholders shall certify the fact, and the officer may proceed to sell the whole tract, and out of the proceeds the officer shall pay to the clerk of the court rendering the judgment, or condemning the land for sale, thirty-five thousand dollars ($35,000), to be invested under the order of the court, in the purchase of a homestead for the debtor, and only the surplus over and above thirty-five thousand dollars ($35,000) shall be applied to the payment of the execution.
§ 26-2-310. Registration of freeholder's certificate.
-
The officer shall certify upon the certificate of the freeholders that the same is their act and deed, and the debtor shall have the same registered in the register's office of the county in which the lands lie, and, when so registered, it shall vest in the individual entitled to such homestead exemption, as herein provided, a good and valid title to the land exempt from execution.
§ 26-2-311. Setting apart for deserted family.
-
When a debtor absconds or abandons the debtor's family, the homestead shall be set apart for the use of the spouse and family, and shall be exempt in the hands of the spouse or children; and such property, on the death of the owner, shall be exempt in the hands of the surviving spouse and children, as prescribed in § 30-2-105.
§ 26-2-312. Property purchased with or maintained by fraudulently obtained funds ineligible for homestead exemption.
-
Property shall not be eligible, in whole or in part, for the homestead exemption provided by this part, if the property has been purchased with or maintained by fraudulently obtained funds or if ownership of the property has been maintained using fraudulently obtained funds. A court shall be required to find by a preponderance of the evidence that the property was purchased with or maintained by funds obtained by defrauding another person or that ownership of the property was maintained by funds obtained by defrauding another person in order to disqualify the property from eligibility for the homestead exemption.
Part 4 Executions and Garnishments in Aid of Executions
§ 26-2-401. Applicability.
-
This part shall apply to executions and garnishments in aid of execution in supplement to other applicable provisions of law; provided, that the contents of the Notice to Judgment Debtor required in connection with a wage garnishment shall be governed by § 26-2-216.
§ 26-2-402. Statement showing address, amount owed.
-
Upon requesting the issuance of an execution or garnishment, the judgment creditor, or the judgment creditor's agent or attorney, shall file a statement showing the judgment debtor's last known address, the amount owed on the judgment, and the judgment creditor's address for mailing any notice required under this part. If a clerk issues an execution or a garnishment without demand, the clerk shall ascertain such information from the court records. The judgment debtor's last known address as furnished by the judgment creditor or as ascertained by the clerk shall be included on the notice required by § 26-2-204 or by § 26-2-216.
§ 26-2-403. Notice required.
- (a)
No clerk shall issue an execution or garnishment unless it provides the notice required by § 26-2-404 or by § 26-2-216. No clerk shall issue a garnishment unless it also contains the notice required by § 26-2-203.
- (b)
No sheriff or other officer shall summon a garnishee unless the garnishment provides the notice required by § 26-2-404 or by § 26-2-216, and unless it provides the notice required by § 26-2-203.
§ 26-2-404. Contents of notice.
- (a)
The following notice shall be completed and shall appear in the text of an execution or garnishment or shall be securely attached thereto:
-
IN THE COURT FOR COUNTY, TENNESSEE
-
-
-
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. Examples of exempt property are certain health care aids and “tools of trade.” These examples of exempt money and property constitute only a partial list, and you may have other exemptions.
-
If you think you have exempt money or property that has been seized, you have the right to file a motion with the court clerk's office identified below claiming your exemption and asking for the release or return of your money or property.
-
You can get a form for filing this motion at the clerk's office below, or the clerk may have supplied such a form on the back of this notice. If you file a motion within twenty (20) days from the date this notice was mailed to you or was given to you, the court must hear and decide your motion promptly, and in no event later than fourteen (14) days from filing. The clerk will notify you of the time, date, and place of the hearing.
-
The court clerk's office can provide you with forms and with information about legal services in your area, but the clerk cannot give you legal advice.
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NAME:
-
GARNISHMENT CALCULATION
- (b)
The amount of wages withheld in a garnishment depends upon whether the judgment is for child support or alimony or for some other debt. The two (2) ways to calculate the withholding are outlined below. For purposes of these calculations, “fmw” means the federal minimum hourly wage.
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ANSWER OF GARNISHEE (Employer) Docket/Case #
-
[GARNISHMENT CALCULATION: TCA 26-2-404(b), as defined in TCA 26-2-216]
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Pay period from to
- (1)
IF THE JUDGMENT IS FOR ANY DEBT OTHER THAN FOR ALIMONY OR CHILD SUPPORT:
- (A)
What is total gross pay before any deductions? $(b)(1)(A)
- (B)
How much is deducted from pay for socialsecurity and federal income tax? (b)(1)(B)
- (C)
Subtract subdivision (b)(1)(B) from subdivision (b)(1)(A). This is disposable earnings. (b)(1)(C)
- (D)
Are wages paid once every week, once every two (2) weeks, once a month or two (2) times per month? (fmw = federal minimum hourly wage)
-
If once every week, enter 30 X fmw. (b)(1)(D)
-
If once every two (2) weeks, enter 30 X fmw X 2. (b)(1)(D)
-
If two (2) times per month, enter 30 X fmw X 2.166667. (b)(1)(D)
-
If once per month, enter 30 X fmw X 4.333334. (b)(1)(D)
- (E)
Subtract subdivision (b)(1)(D) from subdivision (b)(1)(C). If subdivision (b)(1)(E) is $0 or less, STOP. NO WAGES MAY BE WITHHELD. If subdivision (b)(1)(E) is more than $0, go on to (F). (b)(1)(E)
- (F)
Divide subdivision (b)(1)(C) by 4. (b)(1)(F)
- (G)
Enter the lesser of subdivision (b)(1)(E) or subdivision (b)(1)(F). (b)(1)(G)
- (H)
How many children does the debtor have under sixteen (16) years of age living in Tennessee? (b)(1)(H)
- (I)
Multiply subdivision (b)(1)(H) by $2.50 per week [$5.00 if wages are paid every two (2) weeks; $5.42 if paid two (2) times a month; and $10.83 if paid once per month]. (b)(1)(I)
- (J)
Subtract subdivision (b)(1)(I) from subdivision (b)(1)(G). This is the amount of wages to withhold. If this amount is $0 or less, nothing should be withheld from wages. (b)(1)(J)
- (2)
IF THE JUDGMENT IS FOR
- (A)
If the judgment is for alimony and the ex-spouse has remarried, withhold the amount in subdivision (b)(1)(J).$
- (B)
If the judgment is for child support, or the judgment is for and the multiply disposable earnings (subdivision (b)(1)(C)) by:
-
— .50 if the employee is supporting another spouse or child and the arrearage is less than twelve (12) weeks old;
-
— .55 if the employee is supporting another spouse or child and the arrearage is more than twelve (12) weeks old;
-
— .60 if the employee is NOT supporting another spouse or child and the arrearage is less than twelve (12) weeks old;
-
— .65 if the employee is NOT supporting another spouse or child and the arrearage is more than twelve (12) weeks old.
-
Withhold this amount (in preceding blank) from wages, the amount actually ordered to be paid for alimony or child support, .
-
-
□ Nothing due employee
-
□ No longer employed
-
□ Other
-
As of the day of , 20, , Garnishee, is holding the sum of $.
-
I certify under penalty of perjury that the above information is true and correct. Date:
§ 26-2-405. Copy of execution furnished judgment debtor.
-
A sheriff or other officer who levies an execution upon property of a judgment debtor shall immediately thereafter on that same or next working day provide the judgment debtor with a copy of the execution that describes the property levied upon and with a completed copy of the notice set forth in § 26-2-404 by mailing them first class, postage prepaid, to the judgment debtor at the address provided pursuant to § 26-2-402, or by actual delivery to the judgment debtor.
§ 26-2-406. Mailing of garnishment to judgment debtor.
-
A sheriff or other officer who summons a garnishee shall provide the garnishee with three (3) copies of the garnishment summons providing the completed notice required by § 26-2-404 or by § 26-2-216, whichever is applicable. On that same or the next working day, the garnishee shall determine if such garnishee possesses or controls money or property of the judgment debtor; and if so, within that same time period shall furnish a copy of the garnishment summons and notice by mailing them first class, postage prepaid, to the judgment debtor's last known address as shown by the garnishee's records, or by actual delivery to the judgment debtor. If the address as shown by the garnishee's records differs from that provided by the creditor as shown on the bottom of the completed notice, the garnishee shall also mail a copy of the garnishment and notice to the judgment debtor at the latter address by first class mail, postage prepaid.
§ 26-2-407. Motion to quash execution or garnishment.
-
A judgment debtor may assert exemption rights after the service of an execution or garnishment by filing a motion to quash the garnishment or execution. The motion to quash must be filed within the following time periods:
- (1)
Twenty (20) days from the mailing of the notice required by § 26-2-404 in the event of a levy of execution;
- (2)
Twenty (20) days from the withholding of wages by a garnishee/employer pursuant to a wage garnishment; and
- (3)
With respect to any other garnishment, twenty (20) days from the mailing of the notice required by § 26-2-404 pursuant to that garnishment.
§ 26-2-408. Property determined to be exempt.
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No sheriff or other officer shall conduct an execution sale, and no clerk shall pay out funds received pursuant to an execution or garnishment until the judgment debtor's time has expired for filing a motion to quash, or until a judicial determination has been made on such motion. Nothing in this section shall be construed to prohibit the ability of the judgment creditor and the judgment debtor to resolve by agreed order the judgment debtor's motion asserting exemption rights. When property has been determined to be exempt by agreement or by judicial determination, the property shall be immediately released to the judgment debtor.
§ 26-2-409. Copies of forms to be furnished.
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The University of Tennessee county technical assistance service shall provide clerks of court with forms for judgment debtors to use in filing a motion to quash an execution or garnishment on the ground of exemption rights, in otherwise asserting their exemption rights, or in filing a motion to pay a judgment by installments. Clerks shall provide a copy of these forms to judgment debtors upon request. Nothing herein shall be construed as prohibiting clerks from printing an appropriate form motion to quash on the reverse side of the notices required by §§ 26-2-404 and 26-2-216, so that the judgment debtor may assert applicable exemption rights.
§ 26-2-410. Hearing on exemptions — Notice.
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Upon the filing of a motion to quash or other motion claiming exemption rights by the judgment debtor, the clerk shall immediately schedule a hearing on the motion. The court shall conduct the hearing and adjudicate the matter promptly, and in no event later than fourteen (14) days from the filing of the motion. Nothing in this section shall be construed to prohibit the ability of judges to interchange with each other as provided in title 17, chapter 2. The clerk shall provide reasonable notice to the judgment debtor and creditor of the time, date, and place of hearing.
Chapter 3 Levy of Execution
§ 26-3-101. Personalty levied on first.
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Executions shall be levied on the goods and chattels of the defendant, in the first instance, if any there be; but if, to the best of the officer's knowledge, there be no such goods and chattels, or not sufficient to answer the plaintiff's demands, the same shall be executed upon the lands and tenements.
§ 26-3-102. Growing crops.
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A levy may be made upon a growing crop, but not until November 15 after such crop is matured, and then only subject to the landlord's lien, if any. If, however, the owner of the crop absconds, conceals their whereabouts, or leaves the country, an attachment or execution may be levied on a standing crop at any time.
§ 26-3-103. Corporate property.
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An execution against a corporation may be levied on its choses in action, as well as on the goods and chattels, lands and tenements, of such corporation; and in case of a levy on choses in action, the court may appoint a receiver to collect or conserve the same.
§ 26-3-104. Indemnity bond of plaintiff.
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No sheriff or other officer shall be required to levy an execution on any property the title of which is disputed, or to sell the same after levy, unless the plaintiff will first give bond and security to such officer, to indemnify the sheriff or other officer against all damages and costs in consequence of the levy or sale.
§ 26-3-105. Principal's property sold before surety's.
- (a)
Where the judgment or decree is against a principal and the principal's surety, it shall be the duty of the officer having the collection thereof to exhaust the property of the principal, both real and personal, before proceeding to sell the property of the surety.
- (b)
“Surety,” in this section, shall embrace accommodation endorsers, stayors, and all other persons whose liability on the debt or contract is posterior to that of another.
- (c)
The surety shall, if requested by the officer, show the property of the principal, to entitle the surety to the benefit of this section.
§ 26-3-106. Order of levy on parties secondarily liable.
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After exhausting the property of the principal, it shall be the duty of the officer to subject the property of the other parties in the order of their liability on the debt or contract.
- (b)
The party subsequently liable shall, if requested by the officers, show the property of the prior liable party to secure the benefit of this section.
§ 26-3-107. Order of liability stated.
- (a)
All the parties shall be considered as equally liable, in all cases, unless the order of liability is shown to the court, and recited in the judgment or decree.
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The clerk issuing execution on the judgment or decree containing such recital shall state the order of liability in the execution.
§ 26-3-109. Delivery bond of defendant.
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When personal property is levied on, if the defendant shall give bond, payable to the creditor, in double the amount of the execution, conditioned to deliver the property levied on to the proper officer by twelve o'clock (12:00) noon of the day of sale, the sheriff may restore the property to the defendant.
§ 26-3-110. Liability on forfeited delivery bond.
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The sureties on a forfeited delivery bond shall not be held responsible for more than the value of the property specified in the bond, and not delivered according to its condition; and the value of the property, if not agreed upon, shall be ascertained in a summary way by a jury of five (5) disinterested persons, summoned by the officer making the levy or holding the execution, whose valuation shall be final.
§ 26-3-111. Levy on forfeited bond — Alias execution.
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The delivery bond, if forfeited, shall be, in the hands of the officer holding it, a sufficient authority to levy upon and sell so much of the property of the sureties as will satisfy the amount for which they have made themselves liable, and shall also be a sufficient authority to the clerk to whom the same may be returned to issue an alias or pluries execution, as the case may be, against the defendant to the judgment, and against the sureties on the bond, without any judgment upon the bond.
§ 26-3-112. Defendants refusing to join in delivery bond.
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If there are more defendants than one (1) in the original execution, and any of them do not join in the delivery bond, the sureties on such bond shall be first liable before those defendants who refuse to join, to the extent of the liability incurred by the bond; but in the event the debt, or any portion of it, is paid by the surety on the bond, the surety on the bond shall be substituted to the rights of the defendant for whom that person is surety, as against the other defendants.
§ 26-3-113. Order of levy after forfeiture of delivery bond.
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Upon forfeiture of the bond, the officer holding the execution shall levy immediately upon the property of the defendants who join in the bond, to satisfy the debt and costs to the plaintiffs and double costs to the officer; and if there shall not be property enough of these defendants found to satisfy the execution, such officer shall levy upon property of the sureties sufficient to satisfy so much of the amount as they had become liable for; and if the execution is still unsatisfied, it shall be the officer's duty to go upon such of the original defendants, if any, as did not join in the delivery bond.
§ 26-3-114. Return of unsatisfied execution.
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If unable to obtain satisfaction of the debt before the officer is bound by law to return the execution, the officer shall return the execution and bond together, with a proper endorsement of the facts, and thereupon an alias or pluries execution, as the case may be, shall issue against all parties, with endorsements showing the amounts paid upon any former execution, and specifying the amount for which the sureties are bound, if less than the unsatisfied balance.
§ 26-3-116. Delivery bonds on official default.
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The provisions of §§ 26-3-109 — 26-3-115, allowing delivery bonds, do not apply to executions issued on judgments or decrees against sheriffs, coroners, or other officers of court against whom judgment is obtained for failing to pay over money collected or paid to them in an official capacity, and the clerk shall endorse on all such executions, “No delivery bond to be taken.”
§ 26-3-117. Costs to be paid by plaintiff — Recovery from defendant.
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In addition to any other fees required by law for levy of execution on tangible personal property, the plaintiff in a civil proceeding who causes an execution to be issued for levy of personal property shall pay the cost incurred by the court, sheriff, or other officers for transportation of the attached property to a storage facility, storage fees, advertisement fees, court costs, and any other necessary cost incurred by such officials. The plaintiff shall have a right of recovery from the defendant for all such costs.
Chapter 4 Bill to Subject Property
§ 26-4-101. Grounds for complaint on unsatisfied execution — Discovery.
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The creditor whose execution has been returned unsatisfied, in whole or in part, may proceed in the court granting the judgment, or may file a complaint in a court of general jurisdiction against the defendant in the execution and any other person, to compel the discovery of any property, including stocks, choses in action or money due such defendant, or the defendant's interest in property held in a trust for the defendant, except when the trust is exempt from the claims of the defendant's creditors under §§ 35-15-501 — 35-15-509 of the Tennessee Uniform Trust Code.
§ 26-4-102. Powers of court to reach property.
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The court has power to compel the discovery, and to prevent the transfer, payment, or delivery of the property, and to subject the same to the satisfaction of the judgment or decree, whether such property could, if in the defendant's possession or with the title vested in the defendant, be levied upon by execution or not.
§ 26-4-103. Implementation of court's powers.
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The court is empowered to order all such bonds and other instruments to be executed by either the complainant or defendant, and all such transfers to be made as may be necessary to carry the jurisdiction into complete effect.
§ 26-4-104. Lien lis pendens.
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The creditor has a lien lis pendens upon the property of the defendant situated in the county of suit, if properly described in the bill of complaint, on the filing of the bill, so far as concerns the pursued defendant; and the creditor may have a lien lis pendens upon all property, so described, as against bona fide purchasers and encumbrancers, for value, upon registration of an abstract of the claimed lien as provided by this Code.
Chapter 5 Sale on Execution
§ 26-5-101. Publication and posting of notice.
- (a)
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The officer making a levy on land shall publish such sale at least three (3) different times in a newspaper published in the county where the sale is to be made.
- (2)
The first publication shall be at least twenty (20) days prior to the sale, unless the amount of the indebtedness for the payment of which the property is being sold does not amount to more than two hundred dollars ($200), in which event the owner of the property may order that advertisement be made by written notices posted as provided in § 35-5-103, instead of by notices published in a newspaper.
- (3)
If no newspaper is published in the county in which the land is to be sold, the advertisement in a newspaper, unless ordered by court, is dispensed with and such land shall be sold in accordance with § 35-5-103.
- (b)
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If the sale be of personalty, the officer shall advertise the time and place of the sale in at least five (5) public places in the officer's county, one (1) of which shall be the door of the courthouse, and another, at the most public place in the neighborhood of the defendant.
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Constables residing out of the district including the county seat, shall not be required to advertise the sale of personalty at the courthouse door.
§ 26-5-102. Length of posting.
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The advertisement of sale by posted written notice shall be at least twenty (20) days for land, and ten (10) days for all other kinds of property, except for the sale of fruits and vegetables, or other perishable articles, when the sale may be made after advertisement by the officer making the levy, on twenty-four (24) hours' written notice thereof being posted in three (3) conspicuous places in the civil district of the place of levy and sale.
§ 26-5-103. Notice to defendant occupying land.
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If the defendant is in actual possession and occupation of the land levied on, the officer having the execution shall, at least twenty (20) days prior to such sale, serve the defendant with written notice, stating that the execution is levied on the land, and mentioning the time and place of sale; and sales made without the notice required in this section are voidable.
§ 26-5-104. Hour of sale.
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Execution sales shall be made between the hours of nine o'clock a.m. (9:00 a.m.) and seven o'clock p.m. (7:00 p.m.).
§ 26-5-105. Plan of division of land.
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At any time before ten o'clock a.m. (10:00 a.m.), on the day of sale, the defendant may deliver to the officer a plan of division of the lands levied on, subscribed by the defendant, and it shall, in that case, be the duty of the officer to sell, according to the plan, so much of the land as may be necessary to satisfy the debt and costs, and no more. If no such plan is furnished, the officer may sell without any division.
§ 26-5-106. Transfer of corporate stock.
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Upon the sale of corporate stock or shares by execution, the officer, on receiving from the purchaser the amount of the purchaser's bid, shall execute and deliver to the purchaser an assignment of the certificate of shares sold.
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The officer's return of the sale on the back of the execution shall be notice to all the world of the fact of sale.
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On presentation to the proper officer of the company of such assignment, the officer shall transfer the shares on the proper book, to the purchaser or assignee.
§ 26-5-107. Sale of intoxicating liquors.
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In any suit at law or in equity, whether now pending or hereafter instituted, wherein an attachment is issued and levied upon intoxicating liquors, and/or wherein an execution is awarded and levied upon intoxicating liquors, such liquors may be sold by the levying officer by advertising such liquor for sale in the same way and manner now provided by law for the sale of any other property attached or levied upon by an execution.
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The purchaser of such intoxicating liquors at such attachment and/or execution sale shall be authorized to transport such liquors from the place of sale to any place beyond the boundaries of this state, or to any county within the state, only in event the sale of intoxicating liquors is authorized and legalized in such other county.
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Before such purchaser shall transport from the place of sale the liquors so purchased, the purchaser shall procure a permit from the officer making the sale, which permit shall state the name or style of the case or suit, the name of the court in which the same is pending, the quantity of liquors so sold, and the price paid by the purchaser, and the permit shall constitute a bill of sale to the purchaser, and shall be carried in person by the purchaser, the purchaser's agent or employee, as such person transports such intoxicating liquors to its destination.
- (d)
This section shall not authorize the sale of intoxicating liquors, as now defined by the laws in force in this state, in any other way or manner, nor for any other purpose, except as hereinabove provided; provided, however, the judgment creditor, if he be the purchaser, may sell such liquors to any licensed dealer.
§ 26-5-108. Unpaid taxes.
- (a)
Whenever real estate is sold under a decree of any court, it shall be the duty of the judge of the court, before the sale is confirmed to the purchaser, while the funds are in court, to have a reference, to the clerk or clerk and master, while the funds are in court, to ascertain if, upon the day of sale, there were any taxes due and unpaid which were a lien upon the real estate; and, if it is found that there were such taxes, a decree shall be entered in the cause stating the amount of taxes, and directing the clerk and master or clerk to pay the taxes out of the first money collected from the sale of the real estate.
- (b)
In ascertaining the taxes due under a reference as required by subsection (a), the clerk or clerk and master shall issue to each of the officials charged with the collection of any taxes that might or could be a lien on the property, a statement giving the style and number of the cause, a description of the property sold, and the name of the party or parties out of whom the title is or is to be divested; whereupon, each of the officials shall certify to the clerk or clerk and master an itemized statement of the taxes, interest, penalties, and costs that are at that date a lien upon the land in the official's hands for collection, from which statement the clerk or clerk and master shall report to the court the amount of taxes, interest, penalties, and costs that is a lien on the land.
§ 26-5-109. Certificate to purchaser of land.
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On the sale of land by execution, the officer shall give to the purchaser a certificate, if demanded, of the fact, stating the date of sale, the amount of the bid, the execution under which the land is sold, and the description of the land as given in the levy.
§ 26-5-111. Purchaser's right to deed.
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The purchaser, after payment of the money bid at execution, or the person succeeding to the purchaser's rights, may, at any time, either within or after the expiration of the two (2) years allowed for redemption, demand from the officer or the officer's successor a deed, who shall execute it accordingly.
§ 26-5-112. Deed of successor in office.
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Any sheriff, coroner, or trustee may execute a deed for lands sold by a former sheriff, coroner, or trustee, which deed shall be valid, as if executed by such former officer; and such deed shall be prima facie evidence of the truth of all the statements and recitals contained therein.
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All such deeds, heretofore executed by any successor of such sheriff, coroner, or trustee, shall be as valid as if executed by such former officer, and shall be prima facie evidence of the truth of all the statements and recitals contained in such deeds.
§ 26-5-113. Deed on redemption.
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If the officer's deed is made within two (2) years, the person obtaining it, in case the land is redeemed from such person, shall make to the redeeming party, a complete deed, proved or acknowledged for registration, divesting the person acquiring by the officer's deed and vesting the other with the title acquired. In like manner, title shall be made upon each subsequent redemption, but at the cost of the party redeeming.
§ 26-5-114. Satisfaction set aside for want of title.
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Where execution from a court of record or a general sessions court is returned satisfied, in whole or part, by the sale of property of the defendant, and the plaintiff in the judgment shall establish that no title to the property so sold was obtained, the plaintiff may have the satisfaction of the judgment set aside, and the judgment or decree revived by scire facias.
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The scire facias may be obtained on affidavit of the plaintiff, the plaintiff's agent or attorney, setting forth the facts of the sale and want of title to the property so sold, and shall be served, returned, and heard together, with proof upon the question of title, as in other cases.
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If it shall appear at the trial that the defendant's title to the property at the time of the purchase was good and valid, the proceedings shall be dismissed with costs, as in other cases.
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This section shall apply to judgments and decrees for costs, upon affidavit of any party interested in the costs.
- (e)
In case the sheriff or other officer making the sale shall not have taken any bond of indemnity, and the defendant in the execution shall proceed against the sheriff and other officer and recover judgment, the sheriff and other officer shall be substituted to the rights of the plaintiff under this section.
§ 26-5-115. Minimum acceptable price for property sold.
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The sheriff of each county in the state of Tennessee is hereby authorized to set a minimum acceptable price for every item, of property, both personal and real, to be sold at any sheriff's sale in the state provided such price shall be equal to or greater than fifty percent (50%) of the fair market value.
2024 Tennessee Code Unannotated