§ 26-2-404 — Contents of notice

Tennessee § 26-2-404

• Jurisdiction: Tennessee
• Title: 26

Text

(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. ) NOTICE TO JUDGMENT DEBTOR 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: ____________________ 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. 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 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 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: - . 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, or the amount 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

Legislative History

Acts 1988, ch. 934, § 6; 1991, ch. 516, § 1; 2008 , ch. 695, § 1.