§ 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 […]
§ 26-2-405. 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 […]
§ 26-2-309. Sale and Reinvestment of Exempt Proceeds
When the real estate levied on is of greater value than five thousand dollars ($5,000), 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 […]
§ 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 […]