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.
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 […]
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 § […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
