§ 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 […]
§ 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 […]
§ 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: Twenty (20) days from the mailing of the notice required by § 26-2-404 in the event of a […]
§ 26-2-408. Property Determined to Be Exempt
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 […]
§ 26-2-409. Copies of Forms to Be Furnished
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 […]
§ 26-2-410. Hearing on Exemptions — Notice
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 […]
§ 26-2-403. Notice Required
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. No sheriff or other officer shall summon a garnishee unless the garnishment provides the notice required by § […]
§ 26-2-404. Contents of Notice
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. ) NOTICE TO JUDGMENT DEBTORTo collect a judgment against you in […]
§ 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. Code 1932, § 7735; T.C.A. (orig. […]
§ 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 […]