§ 26-2-404. Contents of notice.

TN Code § 26-2-404 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

(a) The following notice shall be completed and shall appear in the text of an execution or garnishment or shall be securely attached thereto:

____

Plaintiff, )

vs. )

____ CASE NO. ____

Defendant.)

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.

(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.

____

(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.

____

____

GARNISHEE/EMPLOYER