2019 Tennessee Code
Title 26 - Execution
Chapter 2 - Exemptions—garnishment
Part 4 - Executions and Garnishments in Aid of Executions
§ 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
____
Plaintiff, )
vs. )
____ CASE NO. ____
Defendant.)
- IN THE ____ COURT FOR ____ COUNTY, TENNESSEE
To collect a judgment against you in this lawsuit, your money or other property has been seized by execution or garnishment. An execution allows the sheriff to sell the property levied upon. A garnishment requires your bank (or other person holding your money or property) to transfer your property to the court or to hold it to satisfy the judgment.
READ THIS CAREFULLY. YOU MAY BE ABLE TO KEEP YOUR MONEY OR PROPERTY OR GET IT BACK. 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. YOU SHOULD ACT QUICKLY. 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. IF YOU DO NOT UNDERSTAND YOUR RIGHTS OR HOW TO EXERCISE THEM, YOU MAY WISH TO CONSULT WITH A LAWYER. IF YOU CANNOT AFFORD A LAWYER, YOU MAY BE ELIGIBLE FOR FREE LEGAL ASSISTANCE. 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. NAME: ____ ____(Clerk of Court) (Judgment Debtor)
ADDRESS: ____ ____
(Provided by Creditor)
____ ____
____ ____
TELEPHONE: ____
(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.
- ANSWER OF GARNISHEE (Employer) Docket/Case #
____
[GARNISHMENT CALCULATION: TCA 26-2-404(b), as defined in TCA 26-2-216] 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 $____(b)(1)(A)
deductions?
(B) How much is deducted from pay for social____(b)(1)(B)
security and federal income tax?
(C) Subtract subdivision (b)(1)(B) from ____(b)(1)(C)
subdivision (b)(1)(A). This is disposable
earnings.
(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)
fmw X 2.
fmw X 2.166667.
4.333334.
(E) Subtract subdivision (b)(1)(D) from ____(b)(1)(E)
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).
(F) Divide subdivision (b)(1)(C) by 4. ____(b)(1)(F)
(G) Enter the lesser of subdivision (b)(1)(E) or ____(b)(1)(G)
subdivision (b)(1)(F).
(H) How many children does the debtor have ____(b)(1)(H)
under sixteen (16) years of age living in
Tennessee?
(I) Multiply subdivision (b)(1)(H) by $2.50 ____(b)(1)(I)
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].
(J) Subtract subdivision (b)(1)(I) from ____(b)(1)(J)
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.
(2) IF THE JUDGMENT IS FOR CHILD SUPPORT OR ALIMONY:
(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 alimony and the ex-
spouse has not remarried, multiply
disposable earnings (subdivision (b)(1)(C))
by:
spouse or child and the arrearage is less
than twelve (12) weeks old;
spouse or child and the arrearage is more
than twelve (12) weeks old;
another spouse or child and the arrearage
is less than twelve (12) weeks old;
another spouse or child and the arrearage
is more than twelve (12) weeks old.
blank) from wages,
or
actually ordered to be paid for alimony or
child support, whichever is less.
- □ 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: ____
____
____
GARNISHEE/EMPLOYER
