Tenn. Code Ann. § 26-1-201 — TN Code / Title 26 / Chapter 1 / Section 26-1-201
Issuance without demand
Status: in_force

The clerks of the several courts may issue executions in favor of the successful party on all judgments as soon after the adjournment of the court as practicable within the time prescribed by this code, without any demand of the party. Code 1858, § 3002; Shan., § 4732; Code 1932, § 8866; T.C.A. (orig. ed.), § 26-111; Acts 1985, ch. 131, § 2.
The clerks of the several courts may issue executions in favor of the successful party on all judgments as soon after the adjournment of the court as practicable within the time prescribed by this code, without any demand of the party.
Code 1858, § 3002; Shan., § 4732; Code 1932, § 8866; T.C.A. (orig. ed.), § 26-111; Acts 1985, ch. 131, § 2.
Tenn. Code Ann. § 26-1-401 — TN Code / Title 26 / Chapter 1 / Section 26-1-401
When executions returnable
Status: in_force

(a) All executions issuing from the supreme court, court of appeals, circuit, chancery, criminal and special courts shall be returnable within thirty (30) days after the date of their issuance. (b) All general sessions executions shall be returnable within thirty (30) days after the date of their issuance either to the court that issued them or to the court that has possession of the original judgment. Code 1858, §§ 3021-3024 (deriv. Acts 1835-1836, ch. 6, § 10; ch. 17, § 4; Acts 1837-1838, ch. 190, § 2); Shan., §§ 4749-4752; mod. Code 1932, §§ 8883-8886; Acts 1955, ch. 270, § 1; impl. am. Acts 1979, ch. 68, §§ 2, 3; modified; T.C.A. (orig. ed.), §§ 26-125--26-128; Acts 1985, ch. 131, § 4.
(a) All executions issuing from the supreme court, court of appeals, circuit, chancery, criminal and special courts shall be returnable within thirty (30) days after the date of their issuance.
(b) All general sessions executions shall be returnable within thirty (30) days after the date of their issuance either to the court that issued them or to the court that has possession of the original judgment.
Code 1858, §§ 3021-3024 (deriv. Acts 1835-1836, ch. 6, § 10; ch. 17, § 4; Acts 1837-1838, ch. 190, § 2); Shan., §§ 4749-4752; mod. Code 1932, §§ 8883-8886; Acts 1955, ch. 270, § 1; impl. am. Acts 1979, ch. 68, §§ 2, 3; modified; T.C.A. (orig. ed.), §§ 26-125--26-128; Acts 1985, ch. 131, § 4.
Tenn. Code Ann. § 26-5-107 — TN Code / Title 26 / Chapter 5 / Section 26-5-107
Sale of intoxicating liquors
Status: in_force

(a) In any suit at law or in equity, whether now pending or hereafter instituted, wherein an attachment is issued and levied upon intoxicating liquors, and/or wherein an execution is awarded and levied upon intoxicating liquors, such liquors may be sold by the levying officer by advertising such liquor for sale in the same way and manner now provided by law for the sale of any other property attached or levied upon by an execution. (b) The purchaser of such intoxicating liquors at such attachment and/or execution sale shall be authorized to transport such liquors from the place of sale to any place beyond the boundaries of this state, or to any county within the state, only in event the sale of intoxicating liquors is authorized and legalized in such other county. (c) Before such purchaser shall transport from the place of sale the liquors so purchased, the purchaser shall procure a permit from the officer making the sale, which permit shall state the name or style of the case or suit, the name of the court in which the same is pending, the quantity of liquors so sold, and the price paid by the purchaser, and the permit shall constitute a bill of sale to the purchaser, and shall be carried in person by the purchaser, the purchaser's agent or employee, as such person transports such intoxicating liquors to its destination. (d) This section shall not authorize the sale of intoxicating liquors, as now defined by the laws in force in this state, in any other way or manner, nor for any other purpose, except as hereinabove provided; provided, however, the judgment creditor, if he be the purchaser, may sell such liquors to any licensed dealer. Acts 1937, ch. 306, §§ 1-4; mod. C. Supp. 1950, §§ 8964.1-8964.4; T.C.A. (orig. ed.), §§ 26-707 -- 26-710.
(a) In any suit at law or in equity, whether now pending or hereafter instituted, wherein an attachment is issued and levied upon intoxicating liquors, and/or wherein an execution is awarded and levied upon intoxicating liquors, such liquors may be sold by the levying officer by advertising such liquor for sale in the same way and manner now provided by law for the sale of any other property attached or levied upon by an execution.
(b) The purchaser of such intoxicating liquors at such attachment and/or execution sale shall be authorized to transport such liquors from the place of sale to any place beyond the boundaries of this state, or to any county within the state, only in event the sale of intoxicating liquors is authorized and legalized in such other county.
(c) Before such purchaser shall transport from the place of sale the liquors so purchased, the purchaser shall procure a permit from the officer making the sale, which permit shall state the name or style of the case or suit, the name of the court in which the same is pending, the quantity of liquors so sold, and the price paid by the purchaser, and the permit shall constitute a bill of sale to the purchaser, and shall be carried in person by the purchaser, the purchaser's agent or employee, as such person transports such intoxicating liquors to its destination.
(d) This section shall not authorize the sale of intoxicating liquors, as now defined by the laws in force in this state, in any other way or manner, nor for any other purpose, except as hereinabove provided; provided, however, the judgment creditor, if he be the purchaser, may sell such liquors to any licensed dealer.
Acts 1937, ch. 306, §§ 1-4; mod. C. Supp. 1950, §§ 8964.1-8964.4; T.C.A. (orig. ed.), §§ 26-707 -- 26-710.
Tenn. Code Ann. § 26-2-203 — TN Code / Title 26 / Chapter 2 / Section 26-2-203
Summons of garnishee
Status: in_force

(a) The officer may summon, in writing, any person as garnishee, to appear at the court from which the execution is issued, or before any other court to whom the execution is returnable, as the case may be and answer the garnishment, at a time set by the clerk of the court not less than ten (10) business days after date of service, except that such ten-day requirement shall not apply when the execution was issued from a court and either the officer or the clerk of the court shall set the time when such garnishee shall appear. (b) The summons to the garnishee shall notify the garnishee as follows: NOTICE - Although you have a longer time in which to answer the court concerning this garnishment, you must do the following on the same day you receive the garnishment, or on the next working day. Determine if you possess or control money or property of the judgment debtor. If so, within that same time period, you shall furnish a copy of the garnishment summons and Notice to Judgment Debtor by mailing them first class, postage prepaid, to the judgment debtor's last known address as shown by your records, or by actual delivery to the judgment debtor. If the address shown by your records differs from that shown on this execution form, you shall also mail a copy of the garnishment and notice to the latter address. (c) As used in this section, unless the context otherwise requires, "business day" means any day other than a Saturday, Sunday, legal holiday, or a day when the clerk's office is closed. (d) If the service of the summons is made upon an employee of the garnishee rather than the garnishee, and such employee is also the judgment debtor, such summons is voidable by the court by reason of improper service. If the court so voids the summons for this reason, it shall not be effective as to the garnishee. Acts 1978, ch. 915, § 22; T.C.A., § 26-232; Acts 1988, ch. 934, § 13; 2008 , ch. 642, §§ 1, 2; 2009 , ch. 393, §§ 1, 2; 2010 , ch. 761, § 1.
(a) The officer may summon, in writing, any person as garnishee, to appear at the court from which the execution is issued, or before any other court to whom the execution is returnable, as the case may be and answer the garnishment, at a time set by the clerk of the court not less than ten (10) business days after date of service, except that such ten-day requirement shall not apply when the execution was issued from a court and either the officer or the clerk of the court shall set the time when such garnishee shall appear.
(b) The summons to the garnishee shall notify the garnishee as follows: NOTICE - Although you have a longer time in which to answer the court concerning this garnishment, you must do the following on the same day you receive the garnishment, or on the next working day. Determine if you possess or control money or property of the judgment debtor. If so, within that same time period, you shall furnish a copy of the garnishment summons and Notice to Judgment Debtor by mailing them first class, postage prepaid, to the judgment debtor's last known address as shown by your records, or by actual delivery to the judgment debtor. If the address shown by your records differs from that shown on this execution form, you shall also mail a copy of the garnishment and notice to the latter address.
NOTICE - Although you have a longer time in which to answer the court concerning this garnishment, you must do the following on the same day you receive the garnishment, or on the next working day. Determine if you possess or control money or property of the judgment debtor. If so, within that same time period, you shall furnish a copy of the garnishment summons and Notice to Judgment Debtor by mailing them first class, postage prepaid, to the judgment debtor's last known address as shown by your records, or by actual delivery to the judgment debtor. If the address shown by your records differs from that shown on this execution form, you shall also mail a copy of the garnishment and notice to the latter address.
(c) As used in this section, unless the context otherwise requires, "business day" means any day other than a Saturday, Sunday, legal holiday, or a day when the clerk's office is closed.
(d) If the service of the summons is made upon an employee of the garnishee rather than the garnishee, and such employee is also the judgment debtor, such summons is voidable by the court by reason of improper service. If the court so voids the summons for this reason, it shall not be effective as to the garnishee.
Acts 1978, ch. 915, § 22; T.C.A., § 26-232; Acts 1988, ch. 934, § 13; 2008 , ch. 642, §§ 1, 2; 2009 , ch. 393, §§ 1, 2; 2010 , ch. 761, § 1.
Tenn. Code Ann. § 26-2-109 — TN Code / Title 26 / Chapter 2 / Section 26-2-109
Debtor deserting family - Property exempt in hands of spouse or children
Status: in_force

When a debtor absconds or leaves such debtor's family, the exempted property shall be set apart for the use of the spouse and family, and shall be exempt in the hands of the spouse or children. Acts 1978, ch. 915, § 14; T.C.A., § 26-213; Acts 1985, ch. 140, § 5.
When a debtor absconds or leaves such debtor's family, the exempted property shall be set apart for the use of the spouse and family, and shall be exempt in the hands of the spouse or children.
Acts 1978, ch. 915, § 14; T.C.A., § 26-213; Acts 1985, ch. 140, § 5.
Tenn. Code Ann. § 26-5-110 — TN Code / Title 26 / Chapter 5 / Section 26-5-110
Delivery of certificate on redemption
Status: in_force

If the land is redeemed, the purchaser or purchaser's assignee shall assign and deliver the sheriff's certificate to the person redeeming. Code 1858, § 3055; Shan., § 4782; Code 1932, § 8912; T.C.A. (orig. ed.), § 26-715.
If the land is redeemed, the purchaser or purchaser's assignee shall assign and deliver the sheriff's certificate to the person redeeming.
Code 1858, § 3055; Shan., § 4782; Code 1932, § 8912; T.C.A. (orig. ed.), § 26-715.
Tenn. Code Ann. § 26-3-101 — TN Code / Title 26 / Chapter 3 / Section 26-3-101
Personalty levied on first
Status: in_force

Executions shall be levied on the goods and chattels of the defendant, in the first instance, if any there be; but if, to the best of the officer's knowledge, there be no such goods and chattels, or not sufficient to answer the plaintiff's demands, the same shall be executed upon the lands and tenements. Code 1858, § 3026 (deriv. Acts 1794, ch. 1, § 23); Shan., § 4754; Code 1932, § 8888; T.C.A. (orig. ed.), § 26-401.
Executions shall be levied on the goods and chattels of the defendant, in the first instance, if any there be; but if, to the best of the officer's knowledge, there be no such goods and chattels, or not sufficient to answer the plaintiff's demands, the same shall be executed upon the lands and tenements.
Code 1858, § 3026 (deriv. Acts 1794, ch. 1, § 23); Shan., § 4754; Code 1932, § 8888; T.C.A. (orig. ed.), § 26-401.
Tenn. Code Ann. § 26-2-308 — TN Code / Title 26 / Chapter 2 / Section 26-2-308
Procedure to set apart
Status: in_force

Whenever real property of an individual who is entitled to a homestead exemption thereon is levied on by execution or attachment, the individual's homestead shall be set apart in the following manner: (1) The officer executing the writs shall summon three (3) disinterested freeholders, not connected with the parties, and administer to them an oath to set apart the homestead out of the real estate so levied on; (2) The freeholders shall examine the premises and upon oath set apart the homestead, if so desired by the individual entitled to the exemption, and set out in writing the boundaries thereof, and certify that such is the homestead set apart by them, and deliver the same to the debtor; and (3) The remainder only of such lands so levied on or attached shall be subject to sale, which fact shall be returned on the execution. Acts 1870, ch. 80, § 3; 1879, ch. 171, § 3; Shan., § 3804; Code 1932, § 7725; Acts 1979, ch. 61, § 6; T.C.A., § 26-309.
Whenever real property of an individual who is entitled to a homestead exemption thereon is levied on by execution or attachment, the individual's homestead shall be set apart in the following manner:
(1) The officer executing the writs shall summon three (3) disinterested freeholders, not connected with the parties, and administer to them an oath to set apart the homestead out of the real estate so levied on;
(2) The freeholders shall examine the premises and upon oath set apart the homestead, if so desired by the individual entitled to the exemption, and set out in writing the boundaries thereof, and certify that such is the homestead set apart by them, and deliver the same to the debtor; and
(3) The remainder only of such lands so levied on or attached shall be subject to sale, which fact shall be returned on the execution.
Acts 1870, ch. 80, § 3; 1879, ch. 171, § 3; Shan., § 3804; Code 1932, § 7725; Acts 1979, ch. 61, § 6; T.C.A., § 26-309.
Tenn. Code Ann. § 26-5-109 — TN Code / Title 26 / Chapter 5 / Section 26-5-109
Certificate to purchaser of land
Status: in_force

On the sale of land by execution, the officer shall give to the purchaser a certificate, if demanded, of the fact, stating the date of sale, the amount of the bid, the execution under which the land is sold, and the description of the land as given in the levy. Code 1858, § 3054; Shan., § 4781; Code 1932, § 8911; T.C.A. (orig. ed.), § 26-714.
On the sale of land by execution, the officer shall give to the purchaser a certificate, if demanded, of the fact, stating the date of sale, the amount of the bid, the execution under which the land is sold, and the description of the land as given in the levy.
Code 1858, § 3054; Shan., § 4781; Code 1932, § 8911; T.C.A. (orig. ed.), § 26-714.
Tenn. Code Ann. § 26-3-109 — TN Code / Title 26 / Chapter 3 / Section 26-3-109
Delivery bond of defendant
Status: in_force

When personal property is levied on, if the defendant shall give bond, payable to the creditor, in double the amount of the execution, conditioned to deliver the property levied on to the proper officer by twelve o'clock (12:00) noon of the day of sale, the sheriff may restore the property to the defendant. Code 1858, § 3044 (deriv. Acts 1801, ch. 13, § 1); Shan., § 4772; Code 1932, § 8902; T.C.A. (orig. ed.), § 26-409.
When personal property is levied on, if the defendant shall give bond, payable to the creditor, in double the amount of the execution, conditioned to deliver the property levied on to the proper officer by twelve o'clock (12:00) noon of the day of sale, the sheriff may restore the property to the defendant.
Code 1858, § 3044 (deriv. Acts 1801, ch. 13, § 1); Shan., § 4772; Code 1932, § 8902; T.C.A. (orig. ed.), § 26-409.
Tenn. Code Ann. § 26-2-404 — TN Code / Title 26 / Chapter 2 / Section 26-2-404
Contents of notice
Status: in_force

(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 Acts 1988, ch. 934, § 6; 1991, ch. 516, § 1; 2008 , ch. 695, § 1.
(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
IN THE ____________________ COURT FOR ____________________ COUNTY, TENNESSEE
______________ Plaintiff, ) vs. ) ___________________ CASE NO. ____________________ Defendant. )
______________
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
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)
(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)
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
(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
- . 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
Acts 1988, ch. 934, § 6; 1991, ch. 516, § 1; 2008 , ch. 695, § 1.
Tenn. Code Ann. § 26-6-106 — TN Code / Title 26 / Chapter 6 / Section 26-6-106
Appeal or stay of judgment
Status: in_force

(a) If the judgment debtor shows the court of this state that an appeal from the foreign judgment is pending or will be taken, or that a stay of execution has been granted, the court shall stay enforcement of the foreign judgment until the appeal is concluded, the time for appeal expires, or the stay of execution expires or is vacated. (b) If the judgment debtor shows the court of this state any ground upon which enforcement of a judgment of any court of this state would be stayed, the court shall stay enforcement of the foreign judgment for an appropriate period. Acts 1976, ch. 530, § 4; Acts 1978, ch. 550, §§ 1, 2; T.C.A., § 26-804.
(a) If the judgment debtor shows the court of this state that an appeal from the foreign judgment is pending or will be taken, or that a stay of execution has been granted, the court shall stay enforcement of the foreign judgment until the appeal is concluded, the time for appeal expires, or the stay of execution expires or is vacated.
(b) If the judgment debtor shows the court of this state any ground upon which enforcement of a judgment of any court of this state would be stayed, the court shall stay enforcement of the foreign judgment for an appropriate period.
Acts 1976, ch. 530, § 4; Acts 1978, ch. 550, §§ 1, 2; T.C.A., § 26-804.
Tenn. Code Ann. § 26-2-221 — TN Code / Title 26 / Chapter 2 / Section 26-2-221
Garnishment of compensation due from state - Amount exempted
Status: in_force

Garnishment of salaries, wages or other compensation due from the state, or from any county or municipality, to any officer or employee thereof, is permissible. Garnishment of compensation due from the state to contractors or vendors of the state is permissible. No such officer, employee, contractor, or vendor may validly claim any privilege or immunity in that regard. Such officer, employee, contractor, or vendor shall be entitled to an exemption of the amount of wages, salary, or compensation so due as is exempt from levy or garnishment in favor of officers, employees, contractors, or vendors of private corporations in like circumstances. However, notwithstanding any other provision of law to the contrary, nothing set forth in this section shall be construed to apply to or to allow garnishments of state compensation to contractors or vendors of the state where the state determines that payment of such garnishment would result in an interruption of essential state services. Acts 1978, ch. 915, § 40; T.C.A., § 26-250; Acts 2001, ch. 412, § 1.
Garnishment of salaries, wages or other compensation due from the state, or from any county or municipality, to any officer or employee thereof, is permissible. Garnishment of compensation due from the state to contractors or vendors of the state is permissible. No such officer, employee, contractor, or vendor may validly claim any privilege or immunity in that regard. Such officer, employee, contractor, or vendor shall be entitled to an exemption of the amount of wages, salary, or compensation so due as is exempt from levy or garnishment in favor of officers, employees, contractors, or vendors of private corporations in like circumstances. However, notwithstanding any other provision of law to the contrary, nothing set forth in this section shall be construed to apply to or to allow garnishments of state compensation to contractors or vendors of the state where the state determines that payment of such garnishment would result in an interruption of essential state services.
Acts 1978, ch. 915, § 40; T.C.A., § 26-250; Acts 2001, ch. 412, § 1.
Tenn. Code Ann. § 26-5-112 — TN Code / Title 26 / Chapter 5 / Section 26-5-112
Deed of successor in office
Status: in_force

(a) Any sheriff, coroner, or trustee may execute a deed for lands sold by a former sheriff, coroner, or trustee, which deed shall be valid, as if executed by such former officer; and such deed shall be prima facie evidence of the truth of all the statements and recitals contained therein. (b) All such deeds, heretofore executed by any successor of such sheriff, coroner, or trustee, shall be as valid as if executed by such former officer, and shall be prima facie evidence of the truth of all the statements and recitals contained in such deeds. Code 1858, § 3058 (deriv. Acts 1809 (Sept.), ch. 84); Acts 1901, ch. 145, §§ 1, 2; Shan., §§ 4785, 4785a1; mod. Code 1932, §§ 8915, 8916; T.C.A. (orig. ed.), §§ 26-717, 26-718.
(a) Any sheriff, coroner, or trustee may execute a deed for lands sold by a former sheriff, coroner, or trustee, which deed shall be valid, as if executed by such former officer; and such deed shall be prima facie evidence of the truth of all the statements and recitals contained therein.
(b) All such deeds, heretofore executed by any successor of such sheriff, coroner, or trustee, shall be as valid as if executed by such former officer, and shall be prima facie evidence of the truth of all the statements and recitals contained in such deeds.
Code 1858, § 3058 (deriv. Acts 1809 (Sept.), ch. 84); Acts 1901, ch. 145, §§ 1, 2; Shan., §§ 4785, 4785a1; mod. Code 1932, §§ 8915, 8916; T.C.A. (orig. ed.), §§ 26-717, 26-718.
Tenn. Code Ann. § 26-6-211 — TN Code / Title 26 / Chapter 6 / Section 26-6-211
Savings clause
Status: in_force

This part does not prevent the recognition under principles of comity or otherwise of a foreign-country judgment not within the scope of this part. Added by 2019 Tenn. Acts, ch. 278,s 1, eff. 7/1/2019.
This part does not prevent the recognition under principles of comity or otherwise of a foreign-country judgment not within the scope of this part.
Added by 2019 Tenn. Acts, ch. 278,s 1, eff. 7/1/2019.
Tenn. Code Ann. § 26-2-214 — TN Code / Title 26 / Chapter 2 / Section 26-2-214
Garnishment of compensation due from garnishee
Status: in_force

(a) Upon the garnishment of earnings due from a garnishee, the garnishee shall: (1) Pay the judgment debtor the amount of such debtor's exempt earnings; (2) Submit as a part of the judgment debtor's answer to the garnishment a statement of the judgment debtor's dependent children under sixteen (16) years of age who are residents of this state; and (3) Furnish the judgment debtor with a copy of the garnishment summons containing the notice of the judgment debtor's right to the exemptions from wage garnishment specified in federal law and in §§ 26-2-106 and 26-2-107 of the right to apply to the court for an order staying further garnishment and allowing the judgment debtor to pay the judgment in installments, and of procedures the judgment debtor can follow to contest the garnishment. (b) (1) To the extent of the amount due upon the judgment and costs, the garnishee shall hold, subject to the order of the court, any nonexempt earnings due or that subsequently become due. The judgment or balance due is a lien on earnings due at the time of the service of the execution. The lien shall continue as to subsequent earnings until the total amount due upon the judgment and costs is paid or satisfied, or until the expiration of the payment period immediately prior to six (6) calendar months after service of the execution, whichever occurs first. The lien on subsequent earnings shall terminate sooner if the relationship between judgment debtor and garnishee is terminated or if the underlying judgment is vacated or modified. (2) A lien obtained under this section shall have priority over any subsequent liens obtained under this section. (c) Nothing in this section with respect to the relationship between the judgment debtor and the garnishee shall be construed to affect the underlying relationship of the parties, including, but not limited to, the relationship of employer-employee or the independent contractor relationship as otherwise provided by law. Amended by 2016 Tenn. Acts, ch. 851,s 1, eff. 9/1/2016. Acts 1978, ch. 915, § 33; T.C.A., § 26-243; Acts 1988, ch. 934, § 14; 1993, ch. 258, §§ 1, 2; 1994, ch. 827, § 1.
(a) Upon the garnishment of earnings due from a garnishee, the garnishee shall: (1) Pay the judgment debtor the amount of such debtor's exempt earnings; (2) Submit as a part of the judgment debtor's answer to the garnishment a statement of the judgment debtor's dependent children under sixteen (16) years of age who are residents of this state; and (3) Furnish the judgment debtor with a copy of the garnishment summons containing the notice of the judgment debtor's right to the exemptions from wage garnishment specified in federal law and in §§ 26-2-106 and 26-2-107 of the right to apply to the court for an order staying further garnishment and allowing the judgment debtor to pay the judgment in installments, and of procedures the judgment debtor can follow to contest the garnishment.
(1) Pay the judgment debtor the amount of such debtor's exempt earnings;
(2) Submit as a part of the judgment debtor's answer to the garnishment a statement of the judgment debtor's dependent children under sixteen (16) years of age who are residents of this state; and
(3) Furnish the judgment debtor with a copy of the garnishment summons containing the notice of the judgment debtor's right to the exemptions from wage garnishment specified in federal law and in §§ 26-2-106 and 26-2-107 of the right to apply to the court for an order staying further garnishment and allowing the judgment debtor to pay the judgment in installments, and of procedures the judgment debtor can follow to contest the garnishment.
(b) (1) To the extent of the amount due upon the judgment and costs, the garnishee shall hold, subject to the order of the court, any nonexempt earnings due or that subsequently become due. The judgment or balance due is a lien on earnings due at the time of the service of the execution. The lien shall continue as to subsequent earnings until the total amount due upon the judgment and costs is paid or satisfied, or until the expiration of the payment period immediately prior to six (6) calendar months after service of the execution, whichever occurs first. The lien on subsequent earnings shall terminate sooner if the relationship between judgment debtor and garnishee is terminated or if the underlying judgment is vacated or modified. (2) A lien obtained under this section shall have priority over any subsequent liens obtained under this section.
(1) To the extent of the amount due upon the judgment and costs, the garnishee shall hold, subject to the order of the court, any nonexempt earnings due or that subsequently become due. The judgment or balance due is a lien on earnings due at the time of the service of the execution. The lien shall continue as to subsequent earnings until the total amount due upon the judgment and costs is paid or satisfied, or until the expiration of the payment period immediately prior to six (6) calendar months after service of the execution, whichever occurs first. The lien on subsequent earnings shall terminate sooner if the relationship between judgment debtor and garnishee is terminated or if the underlying judgment is vacated or modified.
(2) A lien obtained under this section shall have priority over any subsequent liens obtained under this section.
(c) Nothing in this section with respect to the relationship between the judgment debtor and the garnishee shall be construed to affect the underlying relationship of the parties, including, but not limited to, the relationship of employer-employee or the independent contractor relationship as otherwise provided by law.
Amended by 2016 Tenn. Acts, ch. 851,s 1, eff. 9/1/2016.
Acts 1978, ch. 915, § 33; T.C.A., § 26-243; Acts 1988, ch. 934, § 14; 1993, ch. 258, §§ 1, 2; 1994, ch. 827, § 1.
Tenn. Code Ann. § 26-3-115 — TN Code / Title 26 / Chapter 3 / Section 26-3-115
Second delivery bond
Status: in_force

No second delivery bond shall be taken after forfeiture of the first. Code 1858, § 3050 (deriv. Acts 1829, ch. 51, § 1); Shan., § 4778; Code 1932, § 8908; T.C.A. (orig. ed.), § 26-415.
No second delivery bond shall be taken after forfeiture of the first.
Code 1858, § 3050 (deriv. Acts 1829, ch. 51, § 1); Shan., § 4778; Code 1932, § 8908; T.C.A. (orig. ed.), § 26-415.
Tenn. Code Ann. § 26-6-204 — TN Code / Title 26 / Chapter 6 / Section 26-6-204
Standards for recognition of foreign-country judgment
Status: in_force

(a) Except as otherwise provided in subsections (b) and (c), a court of this state shall recognize a foreign-country judgment to which this part applies. (b) A court of this state may not recognize a foreign-country judgment if: (1) The judgment was rendered under a judicial system that does not provide impartial tribunals or procedures compatible with the requirements of due process of law; (2) The foreign court did not have personal jurisdiction over the defendant; or (3) The foreign court did not have jurisdiction over the subject matter. (c) A court of this state need not recognize a foreign-country judgment if: (1) The defendant in the proceeding in the foreign court did not receive notice of the proceeding in sufficient time to enable the defendant to defend; (2) The judgment was obtained by fraud that deprived the losing party of an adequate opportunity to present its case; (3) The judgment or the cause of action on which the judgment is based is repugnant to the public policy of this state or of the United States; (4) The judgment conflicts with another final and conclusive judgment; (5) The proceeding in the foreign court was contrary to an agreement between the parties under which the dispute in question was to be determined otherwise than by proceedings in that foreign court; (6) In the case of jurisdiction based only on personal service, the foreign court was a seriously inconvenient forum for the trial of the action; (7) The judgment was rendered in circumstances that raise substantial doubt about the integrity of the rendering court with respect to the judgment; (8) The specific proceeding in the foreign court leading to the judgment was not compatible with the requirements of due process of law; or (9) The foreign jurisdiction where the judgment was rendered would not give recognition to a similar judgment rendered in this state. (d) A party resisting recognition of a foreign-country judgment has the burden of establishing that a ground for nonrecognition stated in subsection (b) or (c) exists. Added by 2019 Tenn. Acts, ch. 278,s 1, eff. 7/1/2019.
(a) Except as otherwise provided in subsections (b) and (c), a court of this state shall recognize a foreign-country judgment to which this part applies.
(b) A court of this state may not recognize a foreign-country judgment if: (1) The judgment was rendered under a judicial system that does not provide impartial tribunals or procedures compatible with the requirements of due process of law; (2) The foreign court did not have personal jurisdiction over the defendant; or (3) The foreign court did not have jurisdiction over the subject matter.
(1) The judgment was rendered under a judicial system that does not provide impartial tribunals or procedures compatible with the requirements of due process of law;
(2) The foreign court did not have personal jurisdiction over the defendant; or
(3) The foreign court did not have jurisdiction over the subject matter.
(c) A court of this state need not recognize a foreign-country judgment if: (1) The defendant in the proceeding in the foreign court did not receive notice of the proceeding in sufficient time to enable the defendant to defend; (2) The judgment was obtained by fraud that deprived the losing party of an adequate opportunity to present its case; (3) The judgment or the cause of action on which the judgment is based is repugnant to the public policy of this state or of the United States; (4) The judgment conflicts with another final and conclusive judgment; (5) The proceeding in the foreign court was contrary to an agreement between the parties under which the dispute in question was to be determined otherwise than by proceedings in that foreign court; (6) In the case of jurisdiction based only on personal service, the foreign court was a seriously inconvenient forum for the trial of the action; (7) The judgment was rendered in circumstances that raise substantial doubt about the integrity of the rendering court with respect to the judgment; (8) The specific proceeding in the foreign court leading to the judgment was not compatible with the requirements of due process of law; or (9) The foreign jurisdiction where the judgment was rendered would not give recognition to a similar judgment rendered in this state.
(1) The defendant in the proceeding in the foreign court did not receive notice of the proceeding in sufficient time to enable the defendant to defend;
(2) The judgment was obtained by fraud that deprived the losing party of an adequate opportunity to present its case;
(3) The judgment or the cause of action on which the judgment is based is repugnant to the public policy of this state or of the United States;
(4) The judgment conflicts with another final and conclusive judgment;
(5) The proceeding in the foreign court was contrary to an agreement between the parties under which the dispute in question was to be determined otherwise than by proceedings in that foreign court;
(6) In the case of jurisdiction based only on personal service, the foreign court was a seriously inconvenient forum for the trial of the action;
(7) The judgment was rendered in circumstances that raise substantial doubt about the integrity of the rendering court with respect to the judgment;
(8) The specific proceeding in the foreign court leading to the judgment was not compatible with the requirements of due process of law; or
(9) The foreign jurisdiction where the judgment was rendered would not give recognition to a similar judgment rendered in this state.
(d) A party resisting recognition of a foreign-country judgment has the burden of establishing that a ground for nonrecognition stated in subsection (b) or (c) exists.
Added by 2019 Tenn. Acts, ch. 278,s 1, eff. 7/1/2019.
Tenn. Code Ann. § 26-2-216 — TN Code / Title 26 / Chapter 2 / Section 26-2-216
Installment payments to obtain stay of garnishment - Service of garnishment summons
Status: in_force

(a) (1) After any judgment has been rendered in any court and the time to appeal therefrom has elapsed without such an appeal having been made, the judge of the court which rendered the judgment may, either before or after the issuance and service of garnishment, upon written consent of the parties or upon written motion of the judgment debtor, after due notice and after full hearing of such motion, enter an order requiring such judgment debtor to pay to the clerk of the court a certain sum of money weekly, biweekly or monthly to apply upon such judgment. The filing of such motion by the debtor shall stay the issuance, execution or return of any writ of garnishment against wages or salary due the judgment debtor or any other funds belonging to the judgment debtor sought to be substituted to the satisfaction or payment of or upon such judgment during the period that such judgment debtor complies with the order of the court. Such motion of the judgment debtor shall be supported by an affidavit stating the debtor's inability to pay such debt with funds other than those earned by the debtor as wages or salary, or received from other sources in such amounts as to necessitate or make equitable installment payments, the name and address of the debtor's employer, or other source of funds and amount of such wages or salary, and the date of payment thereof. (2) Notwithstanding subdivision (a)(1), upon written consent of the parties, the hearing of the judgment debtor's motion to pay the judgment in installments may be held on the same date that such judgment is entered. (3) The judgment debtor may file only one (1) motion to establish payments for each judgment; however, if the motion is denied, or the order establishing payments is not complied with, at the court's discretion for good cause shown, the stay order may be reinstated as provided in § 26-2-217 , with the reinstated stay order to affect only pay periods subsequent to the reinstatement. (4) Notwithstanding subdivision (a)(1), the filing of a motion by a judgment debtor who has admitted the debt and is paying the judgment by agreed installment payments shall not stay the issuance, execution or return of any writ of garnishment against wages or salary due the judgment debtor or any satisfaction or payment of or upon such judgment. (b) (1) It is the duty of the sheriff or other officer serving the garnishment summons upon the employer garnishee to: (A) Obtain a receipt acknowledging service of such summons signed by the employer garnishee, if a person, or signed by an officer, managing agent or designated agent for service of the employer garnishee, if a corporation, company or business entity; or (B) Sign and return to the court a sworn statement to the effect that the summons was duly served but such employer garnishee or such officer, managing agent or designated agent of the employer garnishee refused to sign a receipt acknowledging service; and (C) The garnishment summons served by the sheriff shall have attached a notice to the employer that the employer is required to withhold the garnishment amount from the employee's wages, that the employer is required to pay these moneys to the court, and that the employer is liable for failure to withhold from the garnishee's wages and for failure to pay these moneys to the court. (2) The sheriff or other officer shall serve three (3) copies of the garnishment summons upon the employer garnishee, all of which shall contain a conspicuously typed or printed notice which shall read as follows: IN THE ____________________ COURT FOR ____________________ COUNTY, TENNESSEE ______________ Plaintiff, ) vs. ) ___________________ CASE NO. ____________________ Defendant. ) NOTICE OF JUDGMENT DEBTOR (AND NOTICE TO GARNISHEE) NOTICE TO THE DEBTOR (EMPLOYEE): Your earnings have been subjected to a garnishment which has been served upon your employer. The garnishment creates a lien on a portion of your earnings until the judgment is satisfied, or for six (6) months, whichever occurs first. You have the following rights: Some of your wages are protected by state and federal law from garnishment. See the notice below to the employer to find out how much of your wages are protected from garnishment. IF YOUR EMPLOYER IS TAKING TOO MUCH MONEY FROM YOUR WAGES: You may apply to the court at the clerk's office shown below within twenty (20) days from any improper withholding of your wages for a motion to stop the garnishment. The court clerk identified below shall provide you with a form for making such a motion, or may have supplied a form motion on the back of this notice. You may wish to seek the counsel of a lawyer. If you are unable to afford an attorney, you may be eligible for free legal services to assist you. PLEASE NOTE: If you file a motion, 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 hearing. 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. IF THE RIGHT AMOUNT OF MONEY IS BEING TAKEN FROM YOUR WAGES BUT YOU WANT TO GET THE GARNISHMENT STOPPED THROUGH A PAYMENT PLAN: You may apply to the court for an order suspending further garnishments by the same creditor upon your paying a certain sum of money weekly, biweekly, or monthly, to pay the judgment. If you file this motion, the garnishment of your wages will stop for as long as you make the payments ordered by the court. The court clerk shall provide you with the necessary forms to make this application, or you may seek the counsel of an attorney. If you are unable to afford an attorney, you may be eligible for free legal services to assist you. NOTICE TO THE GARNISHEE (EMPLOYER): THE MAXIMUM PART OF THE AGGREGATE DISPOSABLE EARNINGS OF AN INDIVIDUAL FOR ANY WORK WEEK WHICH IS SUBJECTED TO GARNISHMENT MAY NOT EXCEED: (A) Twenty-five percent (25%) of the garnishee's disposable earnings for that week, minus two dollars and fifty cents ($2.50) for each of the garnishee's dependent children under sixteen (16) years of age who resides in the state as provided in § 26-2-107 ; or (B) The amount by which the garnishee's disposable earnings for that week exceed thirty (30) times the federal minimum hourly wage at the time the earnings for any pay period become due and payable, minus two dollars and fifty cents ($2.50) for each of the garnishee's dependent children under sixteen (16) years of age who resides in the state, whichever is less. "Disposable earnings" means that part of the earnings of an individual remaining after the deduction from those earnings of any amounts required by law to be withheld. In the case of earnings for a pay period other than a week, the weekly formula must be changed to apply to that pay period so as to exempt an equivalent percentage of disposable earnings. For example, the calculation concerning the federal minimum wage in subsection (b) should be computed as follows: WEEKLY: 30 times the federal minimum hourly wage (fmw) at the time the earnings for any pay period become due and payable; BI-WEEKLY: two (2) times thirty (30) fmw; SEMI-MONTHLY: two and one-sixth (2 1/6) times thirty (30) fmw; and MONTHLY: four and one-third (41/3) times thirty (30) fmw equals the amount to be subtracted from disposable earnings for that pay period. If the judgment orders alimony and the person in whose favor the judgment was rendered has remarried, the above exemption applies. If the judgment orders the debtor to pay support for the debtor's minor child or children, or alimony and the person in whose favor the alimony judgment was rendered has not remarried, different standards apply under 15 U.S.C. § 1672(b) . If the debtor is supporting a spouse or dependent child other than those for whom the order was entered, then fifty percent (50%) of the debtor's disposable earnings may be garnished. If the debtor is not supporting such additional dependents, a maximum of sixty percent (60%) may be garnished. These figures rise to fifty-five percent (55%) and sixty-five percent (65%), respectively, if the support order is for a period more than twelve (12) weeks before the pay period to be garnished. If the judgment is for state or federal taxes, no disposable earnings are exempt under 15 U.S.C. § 1673(b) . NAME: ____________________ ____________________ (Clerk of Court) (Judgment Debtor) ADDRESS: ____________________ ____________________ (Provided by Creditor) ____________________ ____________________ ____________________ ____________________ TELEPHONE: ____________________ Amended by 2018 Tenn. Acts, ch. 597, s 1, eff. 3/23/2018. Acts 1978, ch. 915, § 35; 1980, ch. 519, § 1; 1980, ch. 596, § 1; T.C.A., § 26-245; Acts 1981, ch. 179, § 1; 1985, ch. 52, §§ 1, 2; 1988, ch. 934, § 15; 1989, ch. 95, § 1; 1989, ch. 404, §§ 1, 2; 1989, ch. 538, § 2; 1990, ch. 789, § 4; 2004, ch. 828, § 1.
(a) (1) After any judgment has been rendered in any court and the time to appeal therefrom has elapsed without such an appeal having been made, the judge of the court which rendered the judgment may, either before or after the issuance and service of garnishment, upon written consent of the parties or upon written motion of the judgment debtor, after due notice and after full hearing of such motion, enter an order requiring such judgment debtor to pay to the clerk of the court a certain sum of money weekly, biweekly or monthly to apply upon such judgment. The filing of such motion by the debtor shall stay the issuance, execution or return of any writ of garnishment against wages or salary due the judgment debtor or any other funds belonging to the judgment debtor sought to be substituted to the satisfaction or payment of or upon such judgment during the period that such judgment debtor complies with the order of the court. Such motion of the judgment debtor shall be supported by an affidavit stating the debtor's inability to pay such debt with funds other than those earned by the debtor as wages or salary, or received from other sources in such amounts as to necessitate or make equitable installment payments, the name and address of the debtor's employer, or other source of funds and amount of such wages or salary, and the date of payment thereof. (2) Notwithstanding subdivision (a)(1), upon written consent of the parties, the hearing of the judgment debtor's motion to pay the judgment in installments may be held on the same date that such judgment is entered. (3) The judgment debtor may file only one (1) motion to establish payments for each judgment; however, if the motion is denied, or the order establishing payments is not complied with, at the court's discretion for good cause shown, the stay order may be reinstated as provided in § 26-2-217 , with the reinstated stay order to affect only pay periods subsequent to the reinstatement. (4) Notwithstanding subdivision (a)(1), the filing of a motion by a judgment debtor who has admitted the debt and is paying the judgment by agreed installment payments shall not stay the issuance, execution or return of any writ of garnishment against wages or salary due the judgment debtor or any satisfaction or payment of or upon such judgment.
(1) After any judgment has been rendered in any court and the time to appeal therefrom has elapsed without such an appeal having been made, the judge of the court which rendered the judgment may, either before or after the issuance and service of garnishment, upon written consent of the parties or upon written motion of the judgment debtor, after due notice and after full hearing of such motion, enter an order requiring such judgment debtor to pay to the clerk of the court a certain sum of money weekly, biweekly or monthly to apply upon such judgment. The filing of such motion by the debtor shall stay the issuance, execution or return of any writ of garnishment against wages or salary due the judgment debtor or any other funds belonging to the judgment debtor sought to be substituted to the satisfaction or payment of or upon such judgment during the period that such judgment debtor complies with the order of the court. Such motion of the judgment debtor shall be supported by an affidavit stating the debtor's inability to pay such debt with funds other than those earned by the debtor as wages or salary, or received from other sources in such amounts as to necessitate or make equitable installment payments, the name and address of the debtor's employer, or other source of funds and amount of such wages or salary, and the date of payment thereof.
(2) Notwithstanding subdivision (a)(1), upon written consent of the parties, the hearing of the judgment debtor's motion to pay the judgment in installments may be held on the same date that such judgment is entered.
(3) The judgment debtor may file only one (1) motion to establish payments for each judgment; however, if the motion is denied, or the order establishing payments is not complied with, at the court's discretion for good cause shown, the stay order may be reinstated as provided in § 26-2-217 , with the reinstated stay order to affect only pay periods subsequent to the reinstatement.
(4) Notwithstanding subdivision (a)(1), the filing of a motion by a judgment debtor who has admitted the debt and is paying the judgment by agreed installment payments shall not stay the issuance, execution or return of any writ of garnishment against wages or salary due the judgment debtor or any satisfaction or payment of or upon such judgment.
(b) (1) It is the duty of the sheriff or other officer serving the garnishment summons upon the employer garnishee to: (A) Obtain a receipt acknowledging service of such summons signed by the employer garnishee, if a person, or signed by an officer, managing agent or designated agent for service of the employer garnishee, if a corporation, company or business entity; or (B) Sign and return to the court a sworn statement to the effect that the summons was duly served but such employer garnishee or such officer, managing agent or designated agent of the employer garnishee refused to sign a receipt acknowledging service; and (C) The garnishment summons served by the sheriff shall have attached a notice to the employer that the employer is required to withhold the garnishment amount from the employee's wages, that the employer is required to pay these moneys to the court, and that the employer is liable for failure to withhold from the garnishee's wages and for failure to pay these moneys to the court. (2) The sheriff or other officer shall serve three (3) copies of the garnishment summons upon the employer garnishee, all of which shall contain a conspicuously typed or printed notice which shall read as follows: IN THE ____________________ COURT FOR ____________________ COUNTY, TENNESSEE ______________ Plaintiff, ) vs. ) ___________________ CASE NO. ____________________ Defendant. ) NOTICE OF JUDGMENT DEBTOR (AND NOTICE TO GARNISHEE) NOTICE TO THE DEBTOR (EMPLOYEE): Your earnings have been subjected to a garnishment which has been served upon your employer. The garnishment creates a lien on a portion of your earnings until the judgment is satisfied, or for six (6) months, whichever occurs first. You have the following rights: Some of your wages are protected by state and federal law from garnishment. See the notice below to the employer to find out how much of your wages are protected from garnishment. IF YOUR EMPLOYER IS TAKING TOO MUCH MONEY FROM YOUR WAGES: You may apply to the court at the clerk's office shown below within twenty (20) days from any improper withholding of your wages for a motion to stop the garnishment. The court clerk identified below shall provide you with a form for making such a motion, or may have supplied a form motion on the back of this notice. You may wish to seek the counsel of a lawyer. If you are unable to afford an attorney, you may be eligible for free legal services to assist you. PLEASE NOTE: If you file a motion, 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 hearing. 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. IF THE RIGHT AMOUNT OF MONEY IS BEING TAKEN FROM YOUR WAGES BUT YOU WANT TO GET THE GARNISHMENT STOPPED THROUGH A PAYMENT PLAN: You may apply to the court for an order suspending further garnishments by the same creditor upon your paying a certain sum of money weekly, biweekly, or monthly, to pay the judgment. If you file this motion, the garnishment of your wages will stop for as long as you make the payments ordered by the court. The court clerk shall provide you with the necessary forms to make this application, or you may seek the counsel of an attorney. If you are unable to afford an attorney, you may be eligible for free legal services to assist you. NOTICE TO THE GARNISHEE (EMPLOYER): THE MAXIMUM PART OF THE AGGREGATE DISPOSABLE EARNINGS OF AN INDIVIDUAL FOR ANY WORK WEEK WHICH IS SUBJECTED TO GARNISHMENT MAY NOT EXCEED: (A) Twenty-five percent (25%) of the garnishee's disposable earnings for that week, minus two dollars and fifty cents ($2.50) for each of the garnishee's dependent children under sixteen (16) years of age who resides in the state as provided in § 26-2-107 ; or (B) The amount by which the garnishee's disposable earnings for that week exceed thirty (30) times the federal minimum hourly wage at the time the earnings for any pay period become due and payable, minus two dollars and fifty cents ($2.50) for each of the garnishee's dependent children under sixteen (16) years of age who resides in the state, whichever is less. "Disposable earnings" means that part of the earnings of an individual remaining after the deduction from those earnings of any amounts required by law to be withheld. In the case of earnings for a pay period other than a week, the weekly formula must be changed to apply to that pay period so as to exempt an equivalent percentage of disposable earnings. For example, the calculation concerning the federal minimum wage in subsection (b) should be computed as follows: WEEKLY: 30 times the federal minimum hourly wage (fmw) at the time the earnings for any pay period become due and payable; BI-WEEKLY: two (2) times thirty (30) fmw; SEMI-MONTHLY: two and one-sixth (2 1/6) times thirty (30) fmw; and MONTHLY: four and one-third (41/3) times thirty (30) fmw equals the amount to be subtracted from disposable earnings for that pay period. If the judgment orders alimony and the person in whose favor the judgment was rendered has remarried, the above exemption applies. If the judgment orders the debtor to pay support for the debtor's minor child or children, or alimony and the person in whose favor the alimony judgment was rendered has not remarried, different standards apply under 15 U.S.C. § 1672(b) . If the debtor is supporting a spouse or dependent child other than those for whom the order was entered, then fifty percent (50%) of the debtor's disposable earnings may be garnished. If the debtor is not supporting such additional dependents, a maximum of sixty percent (60%) may be garnished. These figures rise to fifty-five percent (55%) and sixty-five percent (65%), respectively, if the support order is for a period more than twelve (12) weeks before the pay period to be garnished. If the judgment is for state or federal taxes, no disposable earnings are exempt under 15 U.S.C. § 1673(b) . NAME: ____________________ ____________________ (Clerk of Court) (Judgment Debtor) ADDRESS: ____________________ ____________________ (Provided by Creditor) ____________________ ____________________ ____________________ ____________________ TELEPHONE: ____________________
(1) It is the duty of the sheriff or other officer serving the garnishment summons upon the employer garnishee to: (A) Obtain a receipt acknowledging service of such summons signed by the employer garnishee, if a person, or signed by an officer, managing agent or designated agent for service of the employer garnishee, if a corporation, company or business entity; or (B) Sign and return to the court a sworn statement to the effect that the summons was duly served but such employer garnishee or such officer, managing agent or designated agent of the employer garnishee refused to sign a receipt acknowledging service; and (C) The garnishment summons served by the sheriff shall have attached a notice to the employer that the employer is required to withhold the garnishment amount from the employee's wages, that the employer is required to pay these moneys to the court, and that the employer is liable for failure to withhold from the garnishee's wages and for failure to pay these moneys to the court.
(A) Obtain a receipt acknowledging service of such summons signed by the employer garnishee, if a person, or signed by an officer, managing agent or designated agent for service of the employer garnishee, if a corporation, company or business entity; or
(B) Sign and return to the court a sworn statement to the effect that the summons was duly served but such employer garnishee or such officer, managing agent or designated agent of the employer garnishee refused to sign a receipt acknowledging service; and
(C) The garnishment summons served by the sheriff shall have attached a notice to the employer that the employer is required to withhold the garnishment amount from the employee's wages, that the employer is required to pay these moneys to the court, and that the employer is liable for failure to withhold from the garnishee's wages and for failure to pay these moneys to the court.
(2) The sheriff or other officer shall serve three (3) copies of the garnishment summons upon the employer garnishee, all of which shall contain a conspicuously typed or printed notice which shall read as follows: IN THE ____________________ COURT FOR ____________________ COUNTY, TENNESSEE ______________ Plaintiff, ) vs. ) ___________________ CASE NO. ____________________ Defendant. ) NOTICE OF JUDGMENT DEBTOR (AND NOTICE TO GARNISHEE) NOTICE TO THE DEBTOR (EMPLOYEE): Your earnings have been subjected to a garnishment which has been served upon your employer. The garnishment creates a lien on a portion of your earnings until the judgment is satisfied, or for six (6) months, whichever occurs first. You have the following rights: Some of your wages are protected by state and federal law from garnishment. See the notice below to the employer to find out how much of your wages are protected from garnishment. IF YOUR EMPLOYER IS TAKING TOO MUCH MONEY FROM YOUR WAGES: You may apply to the court at the clerk's office shown below within twenty (20) days from any improper withholding of your wages for a motion to stop the garnishment. The court clerk identified below shall provide you with a form for making such a motion, or may have supplied a form motion on the back of this notice. You may wish to seek the counsel of a lawyer. If you are unable to afford an attorney, you may be eligible for free legal services to assist you. PLEASE NOTE: If you file a motion, 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 hearing. 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. IF THE RIGHT AMOUNT OF MONEY IS BEING TAKEN FROM YOUR WAGES BUT YOU WANT TO GET THE GARNISHMENT STOPPED THROUGH A PAYMENT PLAN: You may apply to the court for an order suspending further garnishments by the same creditor upon your paying a certain sum of money weekly, biweekly, or monthly, to pay the judgment. If you file this motion, the garnishment of your wages will stop for as long as you make the payments ordered by the court. The court clerk shall provide you with the necessary forms to make this application, or you may seek the counsel of an attorney. If you are unable to afford an attorney, you may be eligible for free legal services to assist you. NOTICE TO THE GARNISHEE (EMPLOYER): THE MAXIMUM PART OF THE AGGREGATE DISPOSABLE EARNINGS OF AN INDIVIDUAL FOR ANY WORK WEEK WHICH IS SUBJECTED TO GARNISHMENT MAY NOT EXCEED: (A) Twenty-five percent (25%) of the garnishee's disposable earnings for that week, minus two dollars and fifty cents ($2.50) for each of the garnishee's dependent children under sixteen (16) years of age who resides in the state as provided in § 26-2-107 ; or (B) The amount by which the garnishee's disposable earnings for that week exceed thirty (30) times the federal minimum hourly wage at the time the earnings for any pay period become due and payable, minus two dollars and fifty cents ($2.50) for each of the garnishee's dependent children under sixteen (16) years of age who resides in the state, whichever is less. "Disposable earnings" means that part of the earnings of an individual remaining after the deduction from those earnings of any amounts required by law to be withheld. In the case of earnings for a pay period other than a week, the weekly formula must be changed to apply to that pay period so as to exempt an equivalent percentage of disposable earnings. For example, the calculation concerning the federal minimum wage in subsection (b) should be computed as follows: WEEKLY: 30 times the federal minimum hourly wage (fmw) at the time the earnings for any pay period become due and payable; BI-WEEKLY: two (2) times thirty (30) fmw; SEMI-MONTHLY: two and one-sixth (2 1/6) times thirty (30) fmw; and MONTHLY: four and one-third (41/3) times thirty (30) fmw equals the amount to be subtracted from disposable earnings for that pay period. If the judgment orders alimony and the person in whose favor the judgment was rendered has remarried, the above exemption applies. If the judgment orders the debtor to pay support for the debtor's minor child or children, or alimony and the person in whose favor the alimony judgment was rendered has not remarried, different standards apply under 15 U.S.C. § 1672(b) . If the debtor is supporting a spouse or dependent child other than those for whom the order was entered, then fifty percent (50%) of the debtor's disposable earnings may be garnished. If the debtor is not supporting such additional dependents, a maximum of sixty percent (60%) may be garnished. These figures rise to fifty-five percent (55%) and sixty-five percent (65%), respectively, if the support order is for a period more than twelve (12) weeks before the pay period to be garnished. If the judgment is for state or federal taxes, no disposable earnings are exempt under 15 U.S.C. § 1673(b) . NAME: ____________________ ____________________ (Clerk of Court) (Judgment Debtor) ADDRESS: ____________________ ____________________ (Provided by Creditor) ____________________ ____________________ ____________________ ____________________ TELEPHONE: ____________________
IN THE ____________________ COURT FOR ____________________ COUNTY, TENNESSEE
______________ Plaintiff, ) vs. ) ___________________ CASE NO. ____________________ Defendant. )
______________
Plaintiff,
)
vs.
)
___________________
CASE NO. ____________________
Defendant.
)
NOTICE OF JUDGMENT DEBTOR (AND NOTICE TO GARNISHEE) NOTICE TO THE DEBTOR (EMPLOYEE): Your earnings have been subjected to a garnishment which has been served upon your employer. The garnishment creates a lien on a portion of your earnings until the judgment is satisfied, or for six (6) months, whichever occurs first. You have the following rights:
Some of your wages are protected by state and federal law from garnishment. See the notice below to the employer to find out how much of your wages are protected from garnishment.
IF YOUR EMPLOYER IS TAKING TOO MUCH MONEY FROM YOUR WAGES:
You may apply to the court at the clerk's office shown below within twenty (20) days from any improper withholding of your wages for a motion to stop the garnishment. The court clerk identified below shall provide you with a form for making such a motion, or may have supplied a form motion on the back of this notice. You may wish to seek the counsel of a lawyer. If you are unable to afford an attorney, you may be eligible for free legal services to assist you.
PLEASE NOTE: If you file a motion, 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 hearing. 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.
IF THE RIGHT AMOUNT OF MONEY IS BEING TAKEN FROM YOUR WAGES BUT YOU WANT TO GET THE GARNISHMENT STOPPED THROUGH A PAYMENT PLAN:
You may apply to the court for an order suspending further garnishments by the same creditor upon your paying a certain sum of money weekly, biweekly, or monthly, to pay the judgment. If you file this motion, the garnishment of your wages will stop for as long as you make the payments ordered by the court.
The court clerk shall provide you with the necessary forms to make this application, or you may seek the counsel of an attorney. If you are unable to afford an attorney, you may be eligible for free legal services to assist you.
NOTICE TO THE GARNISHEE (EMPLOYER): THE MAXIMUM PART OF THE AGGREGATE DISPOSABLE EARNINGS OF AN INDIVIDUAL FOR ANY WORK WEEK WHICH IS SUBJECTED TO GARNISHMENT MAY NOT EXCEED:
(A) Twenty-five percent (25%) of the garnishee's disposable earnings for that week, minus two dollars and fifty cents ($2.50) for each of the garnishee's dependent children under sixteen (16) years of age who resides in the state as provided in § 26-2-107 ; or
(B) The amount by which the garnishee's disposable earnings for that week exceed thirty (30) times the federal minimum hourly wage at the time the earnings for any pay period become due and payable, minus two dollars and fifty cents ($2.50) for each of the garnishee's dependent children under sixteen (16) years of age who resides in the state, whichever is less. "Disposable earnings" means that part of the earnings of an individual remaining after the deduction from those earnings of any amounts required by law to be withheld. In the case of earnings for a pay period other than a week, the weekly formula must be changed to apply to that pay period so as to exempt an equivalent percentage of disposable earnings. For example, the calculation concerning the federal minimum wage in subsection (b) should be computed as follows: WEEKLY: 30 times the federal minimum hourly wage (fmw) at the time the earnings for any pay period become due and payable; BI-WEEKLY: two (2) times thirty (30) fmw; SEMI-MONTHLY: two and one-sixth (2 1/6) times thirty (30) fmw; and MONTHLY: four and one-third (41/3) times thirty (30) fmw equals the amount to be subtracted from disposable earnings for that pay period. If the judgment orders alimony and the person in whose favor the judgment was rendered has remarried, the above exemption applies. If the judgment orders the debtor to pay support for the debtor's minor child or children, or alimony and the person in whose favor the alimony judgment was rendered has not remarried, different standards apply under 15 U.S.C. § 1672(b) . If the debtor is supporting a spouse or dependent child other than those for whom the order was entered, then fifty percent (50%) of the debtor's disposable earnings may be garnished. If the debtor is not supporting such additional dependents, a maximum of sixty percent (60%) may be garnished. These figures rise to fifty-five percent (55%) and sixty-five percent (65%), respectively, if the support order is for a period more than twelve (12) weeks before the pay period to be garnished. If the judgment is for state or federal taxes, no disposable earnings are exempt under 15 U.S.C. § 1673(b) . NAME: ____________________ ____________________ (Clerk of Court) (Judgment Debtor) ADDRESS: ____________________ ____________________ (Provided by Creditor) ____________________ ____________________ ____________________ ____________________ TELEPHONE: ____________________
"Disposable earnings" means that part of the earnings of an individual remaining after the deduction from those earnings of any amounts required by law to be withheld.
In the case of earnings for a pay period other than a week, the weekly formula must be changed to apply to that pay period so as to exempt an equivalent percentage of disposable earnings. For example, the calculation concerning the federal minimum wage in subsection (b) should be computed as follows: WEEKLY: 30 times the federal minimum hourly wage (fmw) at the time the earnings for any pay period become due and payable; BI-WEEKLY: two (2) times thirty (30) fmw; SEMI-MONTHLY: two and one-sixth (2 1/6) times thirty (30) fmw; and MONTHLY: four and one-third (41/3) times thirty (30) fmw equals the amount to be subtracted from disposable earnings for that pay period.
If the judgment orders alimony and the person in whose favor the judgment was rendered has remarried, the above exemption applies. If the judgment orders the debtor to pay support for the debtor's minor child or children, or alimony and the person in whose favor the alimony judgment was rendered has not remarried, different standards apply under 15 U.S.C. § 1672(b) . If the debtor is supporting a spouse or dependent child other than those for whom the order was entered, then fifty percent (50%) of the debtor's disposable earnings may be garnished. If the debtor is not supporting such additional dependents, a maximum of sixty percent (60%) may be garnished. These figures rise to fifty-five percent (55%) and sixty-five percent (65%), respectively, if the support order is for a period more than twelve (12) weeks before the pay period to be garnished.
If the judgment is for state or federal taxes, no disposable earnings are exempt under 15 U.S.C. § 1673(b) .
NAME: ____________________ ____________________
(Clerk of Court) (Judgment Debtor)
ADDRESS: ____________________ ____________________
(Provided by Creditor)
____________________ ____________________
TELEPHONE: ____________________
Amended by 2018 Tenn. Acts, ch. 597, s 1, eff. 3/23/2018.
Acts 1978, ch. 915, § 35; 1980, ch. 519, § 1; 1980, ch. 596, § 1; T.C.A., § 26-245; Acts 1981, ch. 179, § 1; 1985, ch. 52, §§ 1, 2; 1988, ch. 934, § 15; 1989, ch. 95, § 1; 1989, ch. 404, §§ 1, 2; 1989, ch. 538, § 2; 1990, ch. 789, § 4; 2004, ch. 828, § 1.
Tenn. Code Ann. § 26-5-108 — TN Code / Title 26 / Chapter 5 / Section 26-5-108
Unpaid taxes
Status: in_force

(a) Whenever real estate is sold under a decree of any court, it shall be the duty of the judge of the court, before the sale is confirmed to the purchaser, while the funds are in court, to have a reference, to the clerk or clerk and master, while the funds are in court, to ascertain if, upon the day of sale, there were any taxes due and unpaid which were a lien upon the real estate; and, if it is found that there were such taxes, a decree shall be entered in the cause stating the amount of taxes, and directing the clerk and master or clerk to pay the taxes out of the first money collected from the sale of the real estate. (b) In ascertaining the taxes due under a reference as required by subsection (a), the clerk or clerk and master shall issue to each of the officials charged with the collection of any taxes that might or could be a lien on the property, a statement giving the style and number of the cause, a description of the property sold, and the name of the party or parties out of whom the title is or is to be divested; whereupon, each of the officials shall certify to the clerk or clerk and master an itemized statement of the taxes, interest, penalties, and costs that are at that date a lien upon the land in the official's hands for collection, from which statement the clerk or clerk and master shall report to the court the amount of taxes, interest, penalties, and costs that is a lien on the land. Acts 1871, ch. 68, § 1; Acts 1897, ch. 9, §§ 1, 2; Shan., §§ 969-969a2; Code 1932, §§ 1678-1680; T.C.A. (orig. ed.), §§ 26-711 -- 26-713; Acts 2005, ch. 429, § 4.
(a) Whenever real estate is sold under a decree of any court, it shall be the duty of the judge of the court, before the sale is confirmed to the purchaser, while the funds are in court, to have a reference, to the clerk or clerk and master, while the funds are in court, to ascertain if, upon the day of sale, there were any taxes due and unpaid which were a lien upon the real estate; and, if it is found that there were such taxes, a decree shall be entered in the cause stating the amount of taxes, and directing the clerk and master or clerk to pay the taxes out of the first money collected from the sale of the real estate.
(b) In ascertaining the taxes due under a reference as required by subsection (a), the clerk or clerk and master shall issue to each of the officials charged with the collection of any taxes that might or could be a lien on the property, a statement giving the style and number of the cause, a description of the property sold, and the name of the party or parties out of whom the title is or is to be divested; whereupon, each of the officials shall certify to the clerk or clerk and master an itemized statement of the taxes, interest, penalties, and costs that are at that date a lien upon the land in the official's hands for collection, from which statement the clerk or clerk and master shall report to the court the amount of taxes, interest, penalties, and costs that is a lien on the land.
Acts 1871, ch. 68, § 1; Acts 1897, ch. 9, §§ 1, 2; Shan., §§ 969-969a2; Code 1932, §§ 1678-1680; T.C.A. (orig. ed.), §§ 26-711 -- 26-713; Acts 2005, ch. 429, § 4.
Tenn. Code Ann. § 26-5-116 — TN Code / Title 26 / Chapter 5 / Section 26-5-116
Excess of sale price over debt - Use of property not sold
Status: in_force

(a) The sheriff shall remit any excess of the sale price over the debt to the property owner from whom the property was seized. (b) The property, if it is not sold, shall not be used for personal or department use. Acts 1978, ch. 808, § 2; T.C.A., § 26-726.
(a) The sheriff shall remit any excess of the sale price over the debt to the property owner from whom the property was seized.
(b) The property, if it is not sold, shall not be used for personal or department use.
Acts 1978, ch. 808, § 2; T.C.A., § 26-726.
Tenn. Code Ann. § 26-2-408 — TN Code / Title 26 / Chapter 2 / Section 26-2-408
Property determined to be exempt
Status: in_force

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 to prohibit the ability of the judgment creditor and the judgment debtor to resolve by agreed order the judgment debtor's motion asserting exemption rights. When property has been determined to be exempt by agreement or by judicial determination, the property shall be immediately released to the judgment debtor. Acts 1988, ch. 934, § 10.
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 to prohibit the ability of the judgment creditor and the judgment debtor to resolve by agreed order the judgment debtor's motion asserting exemption rights. When property has been determined to be exempt by agreement or by judicial determination, the property shall be immediately released to the judgment debtor.
Acts 1988, ch. 934, § 10.
Tenn. Code Ann. § 26-1-101 — TN Code / Title 26 / Chapter 1 / Section 26-1-101
Writs to secure property
Status: in_force

If a judgment or decree be that the party recover or be put in possession of the specific property, real or personal, the court may carry the same into effect by writ of possession or other process sufficient for the purpose. Code 1858, § 2997; Shan., § 4727; Code 1932, § 8861; T.C.A. (orig. ed.), § 26-101.
If a judgment or decree be that the party recover or be put in possession of the specific property, real or personal, the court may carry the same into effect by writ of possession or other process sufficient for the purpose.
Code 1858, § 2997; Shan., § 4727; Code 1932, § 8861; T.C.A. (orig. ed.), § 26-101.
Tenn. Code Ann. § 26-2-402 — TN Code / Title 26 / Chapter 2 / Section 26-2-402
Statement showing address, amount owed
Status: in_force

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 or a garnishment without demand, the clerk shall ascertain such information from the court records. The judgment debtor's last known address as furnished by the judgment creditor or as ascertained by the clerk shall be included on the notice required by § 26-2-204 or by § 26-2-216 . Acts 1988, ch. 934, § 3; 1989, ch. 404, § 3.
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 or a garnishment without demand, the clerk shall ascertain such information from the court records. The judgment debtor's last known address as furnished by the judgment creditor or as ascertained by the clerk shall be included on the notice required by § 26-2-204 or by § 26-2-216 .
Acts 1988, ch. 934, § 3; 1989, ch. 404, § 3.
Tenn. Code Ann. § 26-2-310 — TN Code / Title 26 / Chapter 2 / Section 26-2-310
Registration of freeholder's certificate
Status: in_force

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 provided, a good and valid title to the land exempt from execution. Acts 1870, ch. 80, § 5; Shan., § 3806; Code 1932, § 7727; Acts 1979, ch. 61, § 8; T.C.A. (orig. ed.), § 26-311.
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 provided, a good and valid title to the land exempt from execution.
Acts 1870, ch. 80, § 5; Shan., § 3806; Code 1932, § 7727; Acts 1979, ch. 61, § 8; T.C.A. (orig. ed.), § 26-311.
Tenn. Code Ann. § 26-2-405 — TN Code / Title 26 / Chapter 2 / Section 26-2-405
Copy of execution furnished judgment debtor
Status: in_force

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 mailing them first class, postage prepaid, to the judgment debtor at the address provided pursuant to § 26-2-402 , or by actual delivery to the judgment debtor. Acts 1988, ch. 934, § 7.
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 mailing them first class, postage prepaid, to the judgment debtor at the address provided pursuant to § 26-2-402 , or by actual delivery to the judgment debtor.
Acts 1988, ch. 934, § 7.
Tenn. Code Ann. § 26-2-111 — TN Code / Title 26 / Chapter 2 / Section 26-2-111
Additional exemptions - Certain benefit payments - Awards - Tools of trade - Health care aids - Child support obligations
Status: in_force

In addition to the property exempt under § 26-2-103 , the following shall be exempt from execution, seizure or attachment in the hands or possession of any person who is a bona fide citizen permanently residing in this state: (1) The debtor's right to receive: (A) A social security benefit, unemployment compensation, a Families First program benefit or a local public assistance benefit; (B) A veterans' benefit; (C) A disability, illness, or unemployment benefit, or a pension that vests as a result of disability; (D) (i) To the same extent that earnings are exempt pursuant to § 26-2-106 , a payment under a stock bonus, pension, profitsharing, annuity, or similar plan or contract on account of death, age, or length of service, where such payments are not exempted under § 26-2-105 , unless: (a) Such plan or contract was established by or under the auspices of an insider that employed the debtor at the time that the debtor's rights under such plan or contract arose; (b) Such payment is on account of age or length of service; and (c) Such plan or contract does not qualify under §§ 401(a) , 403(a) , 403(b) , 408 , 408A , or 409 of the Internal Revenue Code of 1954 ( 26 U.S.C. §§ 401(a) , 403(a) , 403(b) , 408 , 408A or 409 ); (ii) The assets of the fund or plan from which any such payments are made, or are to be made, are exempt only to the extent that the debtor has no right or option to receive them except as monthly or other periodic payments beginning at or after age fifty-eight (58). Assets of such funds or plans are not exempt if the debtor may, at the debtor's option, prior to age fifty-eight (58), accelerate payment so as to receive payment in a lump sum or in periodic payments over a period of sixty (60) months or less; (iii) No part of this section removes the subpoena prohibition found in § 26-2-105(b) for plans qualified under §§ 401(a) , 403(a) , 403(b) , 408 , 408A , or 409 of the Internal Revenue Code ( 26 U.S.C. §§ 401(a) , 403(a) , 403(b) , 408 , 408A , or 409 ). No part of this section makes plan payments or assets of plans qualified under §§ 401(a) , 403(a) , 403(b) , 408 , 408A , or 409 of the Internal Revenue Code ( 26 U.S.C. §§ 401(a) , 403(a) , 403(b) , 408 , 408A , or 409 ) available to creditors unless otherwise available pursuant to the exemption exceptions found in § 26-2-105 ; (E) Alimony to the extent that payment becomes due more than thirty (30) days after the debtor asserts a claim to such exemption in any judicial proceeding; and (F) Child support payments to the extent that payment becomes due more than thirty (30) days after the debtor asserts a claim to such exemption in any judicial proceeding; (2) The debtor's right not to exceed in the aggregate fifteen thousand dollars ($15,000) to receive or property that is traceable to: (A) An award not to exceed five thousand dollars ($5,000) under a crime victim's reparation law; (B) A payment, not to exceed seven thousand five hundred dollars ($7,500) on account of personal bodily injury, not including pain and suffering or compensation for actual pecuniary loss, of the debtor or an individual of whom the debtor is a dependent; or (C) A payment not to exceed ten thousand dollars ($10,000) on account of the wrongful death of an individual of whom the debtor was a dependent; (3) A payment in compensation of loss of future earnings of the debtor or an individual of whom the debtor is or was a dependent, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor; (4) The debtor's aggregate interest, not to exceed one thousand nine hundred dollars ($1,900) in value in any implements, professional books, or tools of the trade of the debtor or the trade of a dependent of the debtor; (5) Professionally prescribed health care aids for the debtor or a dependent of the debtor; and (6) Liquid assets, stocks or bonds, to the extent of the amount of any obligations owed by the debtor pursuant to any final court order or judgment for child support. The exemption shall be effective as of the date such exemption is claimed by the debtor or by an intervening representative of the child or children to whom such support is owed. Further, this exemption is only valid if such assets are immediately deposited into court by the debtor or immediately executed upon, seized or attached on behalf of the child or children for the partial or full satisfaction of child support obligations. Amended by 2024 Tenn. Acts, ch. 833,s 3, eff. 5/1/2024. Amended by 2024 Tenn. Acts, ch. 833,s 2, eff. 5/1/2024. Amended by 2024 Tenn. Acts, ch. 833,s 1, eff. 5/1/2024. Acts 1980, ch. 919, § 3; T.C.A., § 26-217; Acts 1994, ch. 880, §§ 1, 2; 1996, ch. 932, § 1; 1999, ch. 103, § 1; 2001, ch. 260, § 2.
In addition to the property exempt under § 26-2-103 , the following shall be exempt from execution, seizure or attachment in the hands or possession of any person who is a bona fide citizen permanently residing in this state:
(1) The debtor's right to receive: (A) A social security benefit, unemployment compensation, a Families First program benefit or a local public assistance benefit; (B) A veterans' benefit; (C) A disability, illness, or unemployment benefit, or a pension that vests as a result of disability; (D) (i) To the same extent that earnings are exempt pursuant to § 26-2-106 , a payment under a stock bonus, pension, profitsharing, annuity, or similar plan or contract on account of death, age, or length of service, where such payments are not exempted under § 26-2-105 , unless: (a) Such plan or contract was established by or under the auspices of an insider that employed the debtor at the time that the debtor's rights under such plan or contract arose; (b) Such payment is on account of age or length of service; and (c) Such plan or contract does not qualify under §§ 401(a) , 403(a) , 403(b) , 408 , 408A , or 409 of the Internal Revenue Code of 1954 ( 26 U.S.C. §§ 401(a) , 403(a) , 403(b) , 408 , 408A or 409 ); (ii) The assets of the fund or plan from which any such payments are made, or are to be made, are exempt only to the extent that the debtor has no right or option to receive them except as monthly or other periodic payments beginning at or after age fifty-eight (58). Assets of such funds or plans are not exempt if the debtor may, at the debtor's option, prior to age fifty-eight (58), accelerate payment so as to receive payment in a lump sum or in periodic payments over a period of sixty (60) months or less; (iii) No part of this section removes the subpoena prohibition found in § 26-2-105(b) for plans qualified under §§ 401(a) , 403(a) , 403(b) , 408 , 408A , or 409 of the Internal Revenue Code ( 26 U.S.C. §§ 401(a) , 403(a) , 403(b) , 408 , 408A , or 409 ). No part of this section makes plan payments or assets of plans qualified under §§ 401(a) , 403(a) , 403(b) , 408 , 408A , or 409 of the Internal Revenue Code ( 26 U.S.C. §§ 401(a) , 403(a) , 403(b) , 408 , 408A , or 409 ) available to creditors unless otherwise available pursuant to the exemption exceptions found in § 26-2-105 ; (E) Alimony to the extent that payment becomes due more than thirty (30) days after the debtor asserts a claim to such exemption in any judicial proceeding; and (F) Child support payments to the extent that payment becomes due more than thirty (30) days after the debtor asserts a claim to such exemption in any judicial proceeding;
(A) A social security benefit, unemployment compensation, a Families First program benefit or a local public assistance benefit;
(B) A veterans' benefit;
(C) A disability, illness, or unemployment benefit, or a pension that vests as a result of disability;
(D) (i) To the same extent that earnings are exempt pursuant to § 26-2-106 , a payment under a stock bonus, pension, profitsharing, annuity, or similar plan or contract on account of death, age, or length of service, where such payments are not exempted under § 26-2-105 , unless: (a) Such plan or contract was established by or under the auspices of an insider that employed the debtor at the time that the debtor's rights under such plan or contract arose; (b) Such payment is on account of age or length of service; and (c) Such plan or contract does not qualify under §§ 401(a) , 403(a) , 403(b) , 408 , 408A , or 409 of the Internal Revenue Code of 1954 ( 26 U.S.C. §§ 401(a) , 403(a) , 403(b) , 408 , 408A or 409 ); (ii) The assets of the fund or plan from which any such payments are made, or are to be made, are exempt only to the extent that the debtor has no right or option to receive them except as monthly or other periodic payments beginning at or after age fifty-eight (58). Assets of such funds or plans are not exempt if the debtor may, at the debtor's option, prior to age fifty-eight (58), accelerate payment so as to receive payment in a lump sum or in periodic payments over a period of sixty (60) months or less; (iii) No part of this section removes the subpoena prohibition found in § 26-2-105(b) for plans qualified under §§ 401(a) , 403(a) , 403(b) , 408 , 408A , or 409 of the Internal Revenue Code ( 26 U.S.C. §§ 401(a) , 403(a) , 403(b) , 408 , 408A , or 409 ). No part of this section makes plan payments or assets of plans qualified under §§ 401(a) , 403(a) , 403(b) , 408 , 408A , or 409 of the Internal Revenue Code ( 26 U.S.C. §§ 401(a) , 403(a) , 403(b) , 408 , 408A , or 409 ) available to creditors unless otherwise available pursuant to the exemption exceptions found in § 26-2-105 ;
(i) To the same extent that earnings are exempt pursuant to § 26-2-106 , a payment under a stock bonus, pension, profitsharing, annuity, or similar plan or contract on account of death, age, or length of service, where such payments are not exempted under § 26-2-105 , unless: (a) Such plan or contract was established by or under the auspices of an insider that employed the debtor at the time that the debtor's rights under such plan or contract arose; (b) Such payment is on account of age or length of service; and (c) Such plan or contract does not qualify under §§ 401(a) , 403(a) , 403(b) , 408 , 408A , or 409 of the Internal Revenue Code of 1954 ( 26 U.S.C. §§ 401(a) , 403(a) , 403(b) , 408 , 408A or 409 );
(a) Such plan or contract was established by or under the auspices of an insider that employed the debtor at the time that the debtor's rights under such plan or contract arose;
(b) Such payment is on account of age or length of service; and
(c) Such plan or contract does not qualify under §§ 401(a) , 403(a) , 403(b) , 408 , 408A , or 409 of the Internal Revenue Code of 1954 ( 26 U.S.C. §§ 401(a) , 403(a) , 403(b) , 408 , 408A or 409 );
(ii) The assets of the fund or plan from which any such payments are made, or are to be made, are exempt only to the extent that the debtor has no right or option to receive them except as monthly or other periodic payments beginning at or after age fifty-eight (58). Assets of such funds or plans are not exempt if the debtor may, at the debtor's option, prior to age fifty-eight (58), accelerate payment so as to receive payment in a lump sum or in periodic payments over a period of sixty (60) months or less;
(iii) No part of this section removes the subpoena prohibition found in § 26-2-105(b) for plans qualified under §§ 401(a) , 403(a) , 403(b) , 408 , 408A , or 409 of the Internal Revenue Code ( 26 U.S.C. §§ 401(a) , 403(a) , 403(b) , 408 , 408A , or 409 ). No part of this section makes plan payments or assets of plans qualified under §§ 401(a) , 403(a) , 403(b) , 408 , 408A , or 409 of the Internal Revenue Code ( 26 U.S.C. §§ 401(a) , 403(a) , 403(b) , 408 , 408A , or 409 ) available to creditors unless otherwise available pursuant to the exemption exceptions found in § 26-2-105 ;
(E) Alimony to the extent that payment becomes due more than thirty (30) days after the debtor asserts a claim to such exemption in any judicial proceeding; and
(F) Child support payments to the extent that payment becomes due more than thirty (30) days after the debtor asserts a claim to such exemption in any judicial proceeding;
(2) The debtor's right not to exceed in the aggregate fifteen thousand dollars ($15,000) to receive or property that is traceable to: (A) An award not to exceed five thousand dollars ($5,000) under a crime victim's reparation law; (B) A payment, not to exceed seven thousand five hundred dollars ($7,500) on account of personal bodily injury, not including pain and suffering or compensation for actual pecuniary loss, of the debtor or an individual of whom the debtor is a dependent; or (C) A payment not to exceed ten thousand dollars ($10,000) on account of the wrongful death of an individual of whom the debtor was a dependent;
(A) An award not to exceed five thousand dollars ($5,000) under a crime victim's reparation law;
(B) A payment, not to exceed seven thousand five hundred dollars ($7,500) on account of personal bodily injury, not including pain and suffering or compensation for actual pecuniary loss, of the debtor or an individual of whom the debtor is a dependent; or
(C) A payment not to exceed ten thousand dollars ($10,000) on account of the wrongful death of an individual of whom the debtor was a dependent;
(3) A payment in compensation of loss of future earnings of the debtor or an individual of whom the debtor is or was a dependent, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor;
(4) The debtor's aggregate interest, not to exceed one thousand nine hundred dollars ($1,900) in value in any implements, professional books, or tools of the trade of the debtor or the trade of a dependent of the debtor;
(5) Professionally prescribed health care aids for the debtor or a dependent of the debtor; and
(6) Liquid assets, stocks or bonds, to the extent of the amount of any obligations owed by the debtor pursuant to any final court order or judgment for child support. The exemption shall be effective as of the date such exemption is claimed by the debtor or by an intervening representative of the child or children to whom such support is owed. Further, this exemption is only valid if such assets are immediately deposited into court by the debtor or immediately executed upon, seized or attached on behalf of the child or children for the partial or full satisfaction of child support obligations.
Amended by 2024 Tenn. Acts, ch. 833,s 3, eff. 5/1/2024.
Amended by 2024 Tenn. Acts, ch. 833,s 2, eff. 5/1/2024.
Amended by 2024 Tenn. Acts, ch. 833,s 1, eff. 5/1/2024.
Acts 1980, ch. 919, § 3; T.C.A., § 26-217; Acts 1994, ch. 880, §§ 1, 2; 1996, ch. 932, § 1; 1999, ch. 103, § 1; 2001, ch. 260, § 2.
Tenn. Code Ann. § 26-6-210 — TN Code / Title 26 / Chapter 6 / Section 26-6-210
Uniformity of interpretation
Status: in_force

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. Added by 2019 Tenn. Acts, ch. 278,s 1, eff. 7/1/2019.
In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Added by 2019 Tenn. Acts, ch. 278,s 1, eff. 7/1/2019.
Tenn. Code Ann. § 26-6-109 — TN Code / Title 26 / Chapter 6 / Section 26-6-109
Applicability of part
Status: in_force

This part does not apply to judgments covered by the Uniform Foreign-Country Money Judgments Recognition Act, compiled in part 2 of this chapter. Added by 2019 Tenn. Acts, ch. 278,s 3, eff. 7/1/2019.
This part does not apply to judgments covered by the Uniform Foreign-Country Money Judgments Recognition Act, compiled in part 2 of this chapter.
Added by 2019 Tenn. Acts, ch. 278,s 3, eff. 7/1/2019.
Tenn. Code Ann. § 26-2-218 — TN Code / Title 26 / Chapter 2 / Section 26-2-218
Written agreement for installment payments
Status: in_force

A written agreement for the payment of a judgment in installments, signed by the parties, their attorneys, or authorized agents acting in their behalf, and filed with the clerk of the court, shall have the same force and effect as an order made by the judge to stay the issuance, execution or return of any writ of garnishment against wages or salary due the judgment debtor during the period that such judgment debtor complies with the agreement. Acts 1978, ch. 915, § 37; T.C.A., § 26-247.
A written agreement for the payment of a judgment in installments, signed by the parties, their attorneys, or authorized agents acting in their behalf, and filed with the clerk of the court, shall have the same force and effect as an order made by the judge to stay the issuance, execution or return of any writ of garnishment against wages or salary due the judgment debtor during the period that such judgment debtor complies with the agreement.
Acts 1978, ch. 915, § 37; T.C.A., § 26-247.
Tenn. Code Ann. § 26-2-202 — TN Code / Title 26 / Chapter 2 / Section 26-2-202
Property, debts and effects liable to satisfy judgment
Status: in_force

All property, debts and effects of the defendant in the possession or under the control of the garnishee shall be liable to satisfy the plaintiff's judgment, from the service of the notice, or from the time they came into the plaintiff's hands, if acquired subsequent to the service of notice, and before judgment. Acts 1978, ch. 915, § 21; T.C.A., § 26-231.
All property, debts and effects of the defendant in the possession or under the control of the garnishee shall be liable to satisfy the plaintiff's judgment, from the service of the notice, or from the time they came into the plaintiff's hands, if acquired subsequent to the service of notice, and before judgment.
Acts 1978, ch. 915, § 21; T.C.A., § 26-231.
Tenn. Code Ann. § 26-2-105 — TN Code / Title 26 / Chapter 2 / Section 26-2-105
State pension moneys, certain retirement plan funds or assets, exempt - Claims under qualified domestic relations order
Status: in_force

(a) All moneys received as pension from the state or a political subdivision as defined in § 4-58-102 , before receipt, or while in the recipient's hands or upon deposit in the bank, shall be exempt from execution, attachment or garnishment other than an order for assignment of support issued under § 36-5-501 or a qualified domestic relations order as provided in subsection (c), whether such pensioner is the head of a family or not. (b) Except as provided in subsection (c), any funds or other assets payable to a participant or beneficiary from, or any interest of any participant or beneficiary in, a retirement plan which is qualified under §§ 401(a), 403(a), 403(b), 408 and 408A, or an Archer medical savings account qualified under § 220 or a health savings account qualified under § 223 of the Internal Revenue Code of 1986, as amended, are exempt from any and all claims of creditors of the participant or beneficiary, except the state. All records of the debtor concerning such plan and of the plan concerning the debtor's participation in the plan, or interest in the plan, are exempt from the subpoena process. (c) Any plan or arrangement described in subsection (b), is not exempt from the claims of an alternate payee under a qualified domestic relations order. However, the interest of any and all alternate payees under a qualified domestic relations order are exempt from any and all claims of any creditor, other than the state. As used in this subsection (c), "alternate payee" and "qualified domestic relations order" have the meaning ascribed to them in § 414(p) of the Internal Revenue Code of 1986, as amended. Notwithstanding this subsection (c) to the contrary, an optional retirement program established pursuant to title 8, chapter 25, part 2 shall honor claims under a qualified domestic relations order that complies with § 8-25-210 . Amended by 2016 Tenn. Acts, ch. 962, s 2, eff. 4/27/2016. Amended by 2016 Tenn. Acts, ch. 931, Secs.s 2, s 3, s 4 eff. 7/1/2016. Amended by 2016 Tenn. Acts, ch. 931, s 1, eff. 7/1/2016. Amended by 2015 Tenn. Acts, ch. 440, s 1, eff. 7/1/2015. Acts 1978, ch. 915, § 7; T.C.A., § 26-206; Acts 1986, ch. 890, § 8; 1988, ch. 854, § 1; 1997 , ch. 303, § 2, T.C.A., § 26-2-104 ; Acts 2001, ch. 260, § 1; 2005, ch. 204, § 25; 2007 , ch. 176, § 1.
(a) All moneys received as pension from the state or a political subdivision as defined in § 4-58-102 , before receipt, or while in the recipient's hands or upon deposit in the bank, shall be exempt from execution, attachment or garnishment other than an order for assignment of support issued under § 36-5-501 or a qualified domestic relations order as provided in subsection (c), whether such pensioner is the head of a family or not.
(b) Except as provided in subsection (c), any funds or other assets payable to a participant or beneficiary from, or any interest of any participant or beneficiary in, a retirement plan which is qualified under §§ 401(a), 403(a), 403(b), 408 and 408A, or an Archer medical savings account qualified under § 220 or a health savings account qualified under § 223 of the Internal Revenue Code of 1986, as amended, are exempt from any and all claims of creditors of the participant or beneficiary, except the state. All records of the debtor concerning such plan and of the plan concerning the debtor's participation in the plan, or interest in the plan, are exempt from the subpoena process.
(c) Any plan or arrangement described in subsection (b), is not exempt from the claims of an alternate payee under a qualified domestic relations order. However, the interest of any and all alternate payees under a qualified domestic relations order are exempt from any and all claims of any creditor, other than the state. As used in this subsection (c), "alternate payee" and "qualified domestic relations order" have the meaning ascribed to them in § 414(p) of the Internal Revenue Code of 1986, as amended. Notwithstanding this subsection (c) to the contrary, an optional retirement program established pursuant to title 8, chapter 25, part 2 shall honor claims under a qualified domestic relations order that complies with § 8-25-210 .
Amended by 2016 Tenn. Acts, ch. 962, s 2, eff. 4/27/2016.
Amended by 2016 Tenn. Acts, ch. 931, Secs.s 2, s 3, s 4 eff. 7/1/2016.
Amended by 2016 Tenn. Acts, ch. 931, s 1, eff. 7/1/2016.
Amended by 2015 Tenn. Acts, ch. 440, s 1, eff. 7/1/2015.
Acts 1978, ch. 915, § 7; T.C.A., § 26-206; Acts 1986, ch. 890, § 8; 1988, ch. 854, § 1; 1997 , ch. 303, § 2, T.C.A., § 26-2-104 ; Acts 2001, ch. 260, § 1; 2005, ch. 204, § 25; 2007 , ch. 176, § 1.
Tenn. Code Ann. § 26-6-205 — TN Code / Title 26 / Chapter 6 / Section 26-6-205
Personal jurisdiction
Status: in_force

(a) A foreign-country judgment may not be refused recognition for lack of personal jurisdiction if: (1) The defendant was served with process personally in the foreign country; (2) The defendant voluntarily appeared in the proceeding, other than for the purpose of protecting property seized or threatened with seizure in the proceeding or of contesting the jurisdiction of the court over the defendant; (3) The defendant, before the commencement of the proceeding, had agreed to submit to the jurisdiction of the foreign court with respect to the subject matter involved; (4) The defendant was domiciled in the foreign country when the proceeding was instituted or was a corporation or other form of business organization that had its principal place of business in, or was organized under the laws of, the foreign country; (5) The defendant had a business office in the foreign country and the proceeding in the foreign court involved a cause of action arising out of business done by the defendant through that office in the foreign country; or (6) The defendant operated a motor vehicle or airplane in the foreign country and the proceeding involved a cause of action arising out of that operation. (b) The list of bases for personal jurisdiction in subsection (a) is not exclusive. The courts of this state may recognize bases of personal jurisdiction other than those listed in subsection (a) as sufficient to support a foreign-country judgment. Added by 2019 Tenn. Acts, ch. 278,s 1, eff. 7/1/2019.
(a) A foreign-country judgment may not be refused recognition for lack of personal jurisdiction if: (1) The defendant was served with process personally in the foreign country; (2) The defendant voluntarily appeared in the proceeding, other than for the purpose of protecting property seized or threatened with seizure in the proceeding or of contesting the jurisdiction of the court over the defendant; (3) The defendant, before the commencement of the proceeding, had agreed to submit to the jurisdiction of the foreign court with respect to the subject matter involved; (4) The defendant was domiciled in the foreign country when the proceeding was instituted or was a corporation or other form of business organization that had its principal place of business in, or was organized under the laws of, the foreign country; (5) The defendant had a business office in the foreign country and the proceeding in the foreign court involved a cause of action arising out of business done by the defendant through that office in the foreign country; or (6) The defendant operated a motor vehicle or airplane in the foreign country and the proceeding involved a cause of action arising out of that operation.
(1) The defendant was served with process personally in the foreign country;
(2) The defendant voluntarily appeared in the proceeding, other than for the purpose of protecting property seized or threatened with seizure in the proceeding or of contesting the jurisdiction of the court over the defendant;
(3) The defendant, before the commencement of the proceeding, had agreed to submit to the jurisdiction of the foreign court with respect to the subject matter involved;
(4) The defendant was domiciled in the foreign country when the proceeding was instituted or was a corporation or other form of business organization that had its principal place of business in, or was organized under the laws of, the foreign country;
(5) The defendant had a business office in the foreign country and the proceeding in the foreign court involved a cause of action arising out of business done by the defendant through that office in the foreign country; or
(6) The defendant operated a motor vehicle or airplane in the foreign country and the proceeding involved a cause of action arising out of that operation.
(b) The list of bases for personal jurisdiction in subsection (a) is not exclusive. The courts of this state may recognize bases of personal jurisdiction other than those listed in subsection (a) as sufficient to support a foreign-country judgment.
Added by 2019 Tenn. Acts, ch. 278,s 1, eff. 7/1/2019.
Tenn. Code Ann. § 26-2-401 — TN Code / Title 26 / Chapter 2 / Section 26-2-401
Applicability
Status: in_force

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 . Acts 1988, ch. 934, § 2.
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 .
Acts 1988, ch. 934, § 2.
Tenn. Code Ann. § 26-2-303 — TN Code / Title 26 / Chapter 2 / Section 26-2-303
Leasehold estates
Status: in_force

Section 26-2-301 shall apply to leasehold real property which is possessed and used by an individual, an individual's spouse, or an individual's dependent, as a principal place of residence, provided such leasehold estate is for more than two (2) and not exceeding fifteen (15) years. The homestead exemption upon leasehold estates shall not be exempt from execution or attachment for rent due thereon. Acts 1866-1867, ch. 36, §§ 1, 2; Shan., §§ 3802, 3803; Code 1932, §§ 7723, 7724; Acts 1979, ch. 61, § 3; T.C.A., § 26-304.
Section 26-2-301 shall apply to leasehold real property which is possessed and used by an individual, an individual's spouse, or an individual's dependent, as a principal place of residence, provided such leasehold estate is for more than two (2) and not exceeding fifteen (15) years. The homestead exemption upon leasehold estates shall not be exempt from execution or attachment for rent due thereon.
Acts 1866-1867, ch. 36, §§ 1, 2; Shan., §§ 3802, 3803; Code 1932, §§ 7723, 7724; Acts 1979, ch. 61, § 3; T.C.A., § 26-304.
Tenn. Code Ann. § 26-2-104 — TN Code / Title 26 / Chapter 2 / Section 26-2-104
Additional personal property absolutely exempt
Status: in_force

(a) In addition to the exemption set out in § 26-2-105 , there shall be further exempt to every resident debtor the following specific articles of personalty: (1) All necessary and proper wearing apparel for the actual use of debtor and family and the trunks or receptacles necessary to contain same; (2) All family portraits and pictures; (3) The family Bible and school books. (b) The exemption under this section is absolute, and may be exercised by the judgment debtor before or after issuance of any execution, seizure or attachment by a judgment creditor, unless a judgment creditor, is by execution, foreclosing a security agreement on such property. Acts 1978, ch. 915, § 5; T.C.A., § 26-204, T.C.A., § 26-2-103 .
(a) In addition to the exemption set out in § 26-2-105 , there shall be further exempt to every resident debtor the following specific articles of personalty: (1) All necessary and proper wearing apparel for the actual use of debtor and family and the trunks or receptacles necessary to contain same; (2) All family portraits and pictures; (3) The family Bible and school books.
(1) All necessary and proper wearing apparel for the actual use of debtor and family and the trunks or receptacles necessary to contain same;
(2) All family portraits and pictures;
(3) The family Bible and school books.
(b) The exemption under this section is absolute, and may be exercised by the judgment debtor before or after issuance of any execution, seizure or attachment by a judgment creditor, unless a judgment creditor, is by execution, foreclosing a security agreement on such property.
Acts 1978, ch. 915, § 5; T.C.A., § 26-204, T.C.A., § 26-2-103 .
Tenn. Code Ann. § 26-3-111 — TN Code / Title 26 / Chapter 3 / Section 26-3-111
Levy on forfeited bond - Alias execution
Status: in_force

The delivery bond, if forfeited, shall be, in the hands of the officer holding it, a sufficient authority to levy upon and sell so much of the property of the sureties as will satisfy the amount for which they have made themselves liable, and shall also be a sufficient authority to the clerk to whom the same may be returned to issue an alias or pluries execution, as the case may be, against the defendant to the judgment, and against the sureties on the bond, without any judgment upon the bond. Code 1858, § 3046 (deriv. Acts 1831, ch. 25, §§ 2, 3); Shan., §4774; Code 1932, § 8904; modified; T.C.A. (orig. ed.), § 26-411.
The delivery bond, if forfeited, shall be, in the hands of the officer holding it, a sufficient authority to levy upon and sell so much of the property of the sureties as will satisfy the amount for which they have made themselves liable, and shall also be a sufficient authority to the clerk to whom the same may be returned to issue an alias or pluries execution, as the case may be, against the defendant to the judgment, and against the sureties on the bond, without any judgment upon the bond.
Code 1858, § 3046 (deriv. Acts 1831, ch. 25, §§ 2, 3); Shan., §4774; Code 1932, § 8904; modified; T.C.A. (orig. ed.), § 26-411.
Tenn. Code Ann. § 26-4-101 — TN Code / Title 26 / Chapter 4 / Section 26-4-101
Grounds for complaint on unsatisfied execution - Discovery
Status: in_force

The creditor whose execution has been returned unsatisfied, in whole or in part, may proceed in the court granting the judgment, or may file a complaint in a court of general jurisdiction against the defendant in the execution and any other person, to compel the discovery of any property, including stocks, choses in action or money due such defendant, or the defendant's interest in property held in a trust for the defendant, except when the trust is exempt from the claims of the defendant's creditors under §§ 35-15-501 - 35-15-509 of the Tennessee Uniform Trust Code. Amended by 2013 Tenn. Acts, ch. 390,s 25, eff. 7/1/2013. Code 1858, § 4283 (deriv. Acts 1832, ch. 11, § 1); Shan., § 6092; Code 1932, § 10353; Acts 1943, ch. 108, § 1; mod. C. Supp. 1950, § 10353; T.C.A. (orig. ed.), § 26-601; Acts 1988, ch. 854, § 2; 1989, ch. 364, § 1; 1992, ch. 951, §§ 2, 3; 1993, ch. 259, §§ 1-3; 2002, ch. 735, § 1; 2004, ch. 537, § 96.
The creditor whose execution has been returned unsatisfied, in whole or in part, may proceed in the court granting the judgment, or may file a complaint in a court of general jurisdiction against the defendant in the execution and any other person, to compel the discovery of any property, including stocks, choses in action or money due such defendant, or the defendant's interest in property held in a trust for the defendant, except when the trust is exempt from the claims of the defendant's creditors under §§ 35-15-501 - 35-15-509 of the Tennessee Uniform Trust Code.
Amended by 2013 Tenn. Acts, ch. 390,s 25, eff. 7/1/2013.
Code 1858, § 4283 (deriv. Acts 1832, ch. 11, § 1); Shan., § 6092; Code 1932, § 10353; Acts 1943, ch. 108, § 1; mod. C. Supp. 1950, § 10353; T.C.A. (orig. ed.), § 26-601; Acts 1988, ch. 854, § 2; 1989, ch. 364, § 1; 1992, ch. 951, §§ 2, 3; 1993, ch. 259, §§ 1-3; 2002, ch. 735, § 1; 2004, ch. 537, § 96.
Tenn. Code Ann. § 26-5-102 — TN Code / Title 26 / Chapter 5 / Section 26-5-102
Length of posting
Status: in_force

The advertisement of sale by posted written notice shall be at least twenty (20) days for land, and ten (10) days for all other kinds of property, except for the sale of fruits and vegetables, or other perishable articles, when the sale may be made after advertisement by the officer making the levy, on twenty-four (24) hours' written notice thereof being posted in three (3) conspicuous places in the civil district of the place of levy and sale. Code 1858, § 3041; Acts 1893, ch. 16, § 1; Shan., § 4769; mod. Code 1932, § 8899; modified; T.C.A. (orig. ed.), § 26-702.
The advertisement of sale by posted written notice shall be at least twenty (20) days for land, and ten (10) days for all other kinds of property, except for the sale of fruits and vegetables, or other perishable articles, when the sale may be made after advertisement by the officer making the levy, on twenty-four (24) hours' written notice thereof being posted in three (3) conspicuous places in the civil district of the place of levy and sale.
Code 1858, § 3041; Acts 1893, ch. 16, § 1; Shan., § 4769; mod. Code 1932, § 8899; modified; T.C.A. (orig. ed.), § 26-702.
Tenn. Code Ann. § 26-2-213 — TN Code / Title 26 / Chapter 2 / Section 26-2-213
Lien upon debts due and payable in future
Status: in_force

If upon disclosure made on oath by the debtor it appears that the garnishee is indebted to the defendant, but that the debt is not payable and will not become due until some future time, then such judgment as the plaintiff may recover shall constitute a lien upon the debt until and at the time it becomes due and payable. Acts 1978, ch. 915, § 32; T.C.A., § 26-242.
If upon disclosure made on oath by the debtor it appears that the garnishee is indebted to the defendant, but that the debt is not payable and will not become due until some future time, then such judgment as the plaintiff may recover shall constitute a lien upon the debt until and at the time it becomes due and payable.
Acts 1978, ch. 915, § 32; T.C.A., § 26-242.
Tenn. Code Ann. § 26-3-104 — TN Code / Title 26 / Chapter 3 / Section 26-3-104
Indemnity bond of plaintiff
Status: in_force

No sheriff or other officer shall be required to levy an execution on any property the title of which is disputed, or to sell the same after levy, unless the plaintiff will first give bond and security to such officer, to indemnify the sheriff or other officer against all damages and costs in consequence of the levy or sale. However, the bond or security is not required if the execution is issued in a proceeding to collect delinquent property taxes as defined by § 67-5-2502(c)(1)(D) . Amended by 2024 Tenn. Acts, ch. 967,s 19, eff. 5/21/2024. Code 1858, § 3032 (deriv. Acts 1825, ch. 40, § 2); Shan., § 4760; Code 1932, § 8893; T.C.A. (orig. ed.), § 26-404.
No sheriff or other officer shall be required to levy an execution on any property the title of which is disputed, or to sell the same after levy, unless the plaintiff will first give bond and security to such officer, to indemnify the sheriff or other officer against all damages and costs in consequence of the levy or sale. However, the bond or security is not required if the execution is issued in a proceeding to collect delinquent property taxes as defined by § 67-5-2502(c)(1)(D) .
Amended by 2024 Tenn. Acts, ch. 967,s 19, eff. 5/21/2024.
Code 1858, § 3032 (deriv. Acts 1825, ch. 40, § 2); Shan., § 4760; Code 1932, § 8893; T.C.A. (orig. ed.), § 26-404.
Tenn. Code Ann. § 26-2-309 — TN Code / Title 26 / Chapter 2 / Section 26-2-309
Sale and reinvestment of exempt proceeds
Status: in_force

When the real estate levied on is of greater value than thirty-five thousand dollars ($35,000), 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 pay to the clerk of the court rendering the judgment, or condemning the land for sale, thirty-five thousand dollars ($35,000), to be invested under the order of the court, in the purchase of a homestead for the debtor, and only the surplus over and above thirty-five thousand dollars ($35,000) shall be applied to the payment of the execution. Amended by 2021 Tenn. Acts, ch. 301, s 4, eff. 1/1/2022. Acts 1870, ch. 80, § 4; Shan., § 3805; Code 1932, § 7726; impl. am. Acts 1933, ch. 72, § 1; C. Supp. 1950, § 7726; Acts 1979, ch. 61, § 7; T.C.A., § 26-310.
When the real estate levied on is of greater value than thirty-five thousand dollars ($35,000), 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 pay to the clerk of the court rendering the judgment, or condemning the land for sale, thirty-five thousand dollars ($35,000), to be invested under the order of the court, in the purchase of a homestead for the debtor, and only the surplus over and above thirty-five thousand dollars ($35,000) shall be applied to the payment of the execution.
Amended by 2021 Tenn. Acts, ch. 301, s 4, eff. 1/1/2022.
Acts 1870, ch. 80, § 4; Shan., § 3805; Code 1932, § 7726; impl. am. Acts 1933, ch. 72, § 1; C. Supp. 1950, § 7726; Acts 1979, ch. 61, § 7; T.C.A., § 26-310.
Tenn. Code Ann. § 26-2-223 — TN Code / Title 26 / Chapter 2 / Section 26-2-223
No wages due garnisheed employee - Judgment null and void
Status: in_force

In any case where judgment is obtained under §§ 26-2-205 - 26-2-208, if there are no wages due such employee so garnished, such judgment shall be void and unenforceable. Acts 1978, ch. 915, § 45; T.C.A., § 26-255.
In any case where judgment is obtained under §§ 26-2-205 - 26-2-208, if there are no wages due such employee so garnished, such judgment shall be void and unenforceable.
Acts 1978, ch. 915, § 45; T.C.A., § 26-255.
Tenn. Code Ann. § 26-2-207 — TN Code / Title 26 / Chapter 2 / Section 26-2-207
Notice to other persons holding defendant's property
Status: in_force

So, also, if the garnishee's examination shows that any property, debts, or effects of the defendant are probably in the hands of other persons, the court shall, on the application of the plaintiff, issue notice to such persons to come forward and answer as garnishees, and the same proceedings may be had as in other cases. Acts 1978, ch. 915, § 26; T.C.A., § 26-236.
So, also, if the garnishee's examination shows that any property, debts, or effects of the defendant are probably in the hands of other persons, the court shall, on the application of the plaintiff, issue notice to such persons to come forward and answer as garnishees, and the same proceedings may be had as in other cases.
Acts 1978, ch. 915, § 26; T.C.A., § 26-236.
Tenn. Code Ann. § 26-2-107 — TN Code / Title 26 / Chapter 2 / Section 26-2-107
Exemptions for dependent children
Status: in_force

(a) To the above allowances, there shall be added as exempt to the judgment debtor the sum of two dollars and fifty cents ($2.50) per week for each dependent child under sixteen (16) years of age and a resident of this state. (b) It is the responsibility of the judgment debtor to inform the employer of each dependent child claimed under this section. (c) This section shall not apply if the debtor fails to so inform the employer. Acts 1978, ch. 915, § 11; T.C.A., § 26-210; Acts 1989, ch. 538, § 1.
(a) To the above allowances, there shall be added as exempt to the judgment debtor the sum of two dollars and fifty cents ($2.50) per week for each dependent child under sixteen (16) years of age and a resident of this state.
(b) It is the responsibility of the judgment debtor to inform the employer of each dependent child claimed under this section.
(c) This section shall not apply if the debtor fails to so inform the employer.
Acts 1978, ch. 915, § 11; T.C.A., § 26-210; Acts 1989, ch. 538, § 1.
Tenn. Code Ann. § 26-2-220 — TN Code / Title 26 / Chapter 2 / Section 26-2-220
Applicability of provisions for garnishment on attachments
Status: in_force

The provisions of Tennessee Code Annotated in regard to garnishment on attachments also regulate proceedings under this part whenever applicable. Acts 1978, ch. 915, § 39; modified; T.C.A., § 26-249.
The provisions of Tennessee Code Annotated in regard to garnishment on attachments also regulate proceedings under this part whenever applicable.
Acts 1978, ch. 915, § 39; modified; T.C.A., § 26-249.
Tenn. Code Ann. § 26-1-105 — TN Code / Title 26 / Chapter 1 / Section 26-1-105
Distringas or fieri facias against corporate property
Status: in_force

The party, in whose favor a judgment or decree is rendered against a corporation, may sue out a distringas or fieri facias, to be levied as well on the choses in action as on the goods, chattels, lands, and tenements of the corporation, and, in case of a levy on choses in action, the court may appoint a receiver to collect the same. Code 1858, § 3000 (deriv. Acts 1845-1846, ch. 55, § 4); Shan., § 4730; Code 1932, § 8864; T.C.A. (orig. ed.), § 26-105.
The party, in whose favor a judgment or decree is rendered against a corporation, may sue out a distringas or fieri facias, to be levied as well on the choses in action as on the goods, chattels, lands, and tenements of the corporation, and, in case of a levy on choses in action, the court may appoint a receiver to collect the same.
Code 1858, § 3000 (deriv. Acts 1845-1846, ch. 55, § 4); Shan., § 4730; Code 1932, § 8864; T.C.A. (orig. ed.), § 26-105.
Tenn. Code Ann. § 26-5-114 — TN Code / Title 26 / Chapter 5 / Section 26-5-114
Satisfaction set aside for want of title
Status: in_force

(a) Where execution from a court of record or a general sessions court is returned satisfied, in whole or part, by the sale of property of the defendant, and the plaintiff in the judgment shall establish that no title to the property so sold was obtained, the plaintiff may have the satisfaction of the judgment set aside, and the judgment or decree revived by scire facias. (b) The scire facias may be obtained on affidavit of the plaintiff, the plaintiff's agent or attorney, setting forth the facts of the sale and want of title to the property so sold, and shall be served, returned, and heard together, with proof upon the question of title, as in other cases. (c) If it shall appear at the trial that the defendant's title to the property at the time of the purchase was good and valid, the proceedings shall be dismissed with costs, as in other cases. (d) This section shall apply to judgments and decrees for costs, upon affidavit of any party interested in the costs. (e) In case the sheriff or other officer making the sale shall not have taken any bond of indemnity, and the defendant in the execution shall proceed against the sheriff and other officer and recover judgment, the sheriff and other officer shall be substituted to the rights of the plaintiff under this section. Code 1858, §§ 2990-2993 (deriv. Acts 1847-1848, ch. 191, §§ 1-3); Acts 1875, ch. 33, §§ 1, 2; Shan., §§4719-4723; mod. Code 1932, §§ 8853-8857; impl. am. Acts 1979, ch. 68, §§ 2, 3; T.C.A. (orig. ed.), §§ 26-720 -- 26-724.
(a) Where execution from a court of record or a general sessions court is returned satisfied, in whole or part, by the sale of property of the defendant, and the plaintiff in the judgment shall establish that no title to the property so sold was obtained, the plaintiff may have the satisfaction of the judgment set aside, and the judgment or decree revived by scire facias.
(b) The scire facias may be obtained on affidavit of the plaintiff, the plaintiff's agent or attorney, setting forth the facts of the sale and want of title to the property so sold, and shall be served, returned, and heard together, with proof upon the question of title, as in other cases.
(c) If it shall appear at the trial that the defendant's title to the property at the time of the purchase was good and valid, the proceedings shall be dismissed with costs, as in other cases.
(d) This section shall apply to judgments and decrees for costs, upon affidavit of any party interested in the costs.
(e) In case the sheriff or other officer making the sale shall not have taken any bond of indemnity, and the defendant in the execution shall proceed against the sheriff and other officer and recover judgment, the sheriff and other officer shall be substituted to the rights of the plaintiff under this section.
Code 1858, §§ 2990-2993 (deriv. Acts 1847-1848, ch. 191, §§ 1-3); Acts 1875, ch. 33, §§ 1, 2; Shan., §§4719-4723; mod. Code 1932, §§ 8853-8857; impl. am. Acts 1979, ch. 68, §§ 2, 3; T.C.A. (orig. ed.), §§ 26-720 -- 26-724.
Tenn. Code Ann. § 26-6-209 — TN Code / Title 26 / Chapter 6 / Section 26-6-209
Statute of limitations
Status: in_force

An action to recognize a foreign-country judgment must be commenced within the earlier of the time during which the foreign-country judgment is effective in the foreign country or ten (10) years from the date that the foreign-country judgment became effective in the foreign country. Added by 2019 Tenn. Acts, ch. 278,s 1, eff. 7/1/2019.
An action to recognize a foreign-country judgment must be commenced within the earlier of the time during which the foreign-country judgment is effective in the foreign country or ten (10) years from the date that the foreign-country judgment became effective in the foreign country.
Added by 2019 Tenn. Acts, ch. 278,s 1, eff. 7/1/2019.
Tenn. Code Ann. § 26-1-104 — TN Code / Title 26 / Chapter 1 / Section 26-1-104
Property subject to execution
Status: in_force

Executions issue against the goods and chattels, lands and tenements, of the defendant. Code 1858, § 2999 (deriv. Acts 1787, ch. 22, § 2; 1794, ch. 1, § 23); Shan., § 4729; Code 1932, § 8863; T.C.A. (orig. ed.), § 26-104.
Executions issue against the goods and chattels, lands and tenements, of the defendant.
Code 1858, § 2999 (deriv. Acts 1787, ch. 22, § 2; 1794, ch. 1, § 23); Shan., § 4729; Code 1932, § 8863; T.C.A. (orig. ed.), § 26-104.
Tenn. Code Ann. § 26-3-107 — TN Code / Title 26 / Chapter 3 / Section 26-3-107
Order of liability stated
Status: in_force

(a) All the parties shall be considered as equally liable, in all cases, unless the order of liability is shown to the court, and recited in the judgment or decree. (b) The clerk issuing execution on the judgment or decree containing such recital shall state the order of liability in the execution. Code 1858, § 3031 (deriv. Acts 1843-1844, ch. 32, § 2); Shan., §4759; Code 1932, § 8892; modified; T.C.A. (orig. ed.), § 26-407.
(a) All the parties shall be considered as equally liable, in all cases, unless the order of liability is shown to the court, and recited in the judgment or decree.
(b) The clerk issuing execution on the judgment or decree containing such recital shall state the order of liability in the execution.
Code 1858, § 3031 (deriv. Acts 1843-1844, ch. 32, § 2); Shan., §4759; Code 1932, § 8892; modified; T.C.A. (orig. ed.), § 26-407.
Tenn. Code Ann. § 26-5-104 — TN Code / Title 26 / Chapter 5 / Section 26-5-104
Hour of sale
Status: in_force

Execution sales shall be made between the hours of nine o'clock a.m. (9:00 a.m.) and seven o'clock p.m. (7:00 p.m.). Amended by 2017 Tenn. Acts, ch. 187,s 1, eff. 4/19/2017. Code 1858, § 3038 (deriv. Acts 1807, ch. 99, § 1); Shan., § 4766; Code 1932, § 8896; T.C.A. (orig. ed.), § 26-704.
Execution sales shall be made between the hours of nine o'clock a.m. (9:00 a.m.) and seven o'clock p.m. (7:00 p.m.).
Amended by 2017 Tenn. Acts, ch. 187,s 1, eff. 4/19/2017.
Code 1858, § 3038 (deriv. Acts 1807, ch. 99, § 1); Shan., § 4766; Code 1932, § 8896; T.C.A. (orig. ed.), § 26-704.
Tenn. Code Ann. § 26-2-304 — TN Code / Title 26 / Chapter 2 / Section 26-2-304
Insurance proceeds from homestead
Status: in_force

All moneys arising from insurance on a homestead which is destroyed by fire, or by other disaster, shall be exempt in an amount not to exceed thirty-five thousand dollars ($35,000). This insurance exemption shall not operate so as to exclude the interest of any mortgagee at the time of the insurance loss so long as the mortgagee's interest is evidenced by a written contract. Amended by 2021 Tenn. Acts, ch. 301, s 3, eff. 1/1/2022. Code 1932, § 7734; Acts 1979, ch. 61, § 4; T.C.A., § 26-305.
All moneys arising from insurance on a homestead which is destroyed by fire, or by other disaster, shall be exempt in an amount not to exceed thirty-five thousand dollars ($35,000). This insurance exemption shall not operate so as to exclude the interest of any mortgagee at the time of the insurance loss so long as the mortgagee's interest is evidenced by a written contract.
Amended by 2021 Tenn. Acts, ch. 301, s 3, eff. 1/1/2022.
Code 1932, § 7734; Acts 1979, ch. 61, § 4; T.C.A., § 26-305.
Tenn. Code Ann. § 26-2-217 — TN Code / Title 26 / Chapter 2 / Section 26-2-217
Payments - Records - Delinquency - Notice of balance or of satisfaction
Status: in_force

(a) The clerk shall keep a record in such cause of all payments to and disbursements by the clerk. (b) (1) Upon failure of such judgment debtor to comply with such order, the clerk shall make notation thereof on the record in such cause, and thereupon the stay of execution by garnishment shall immediately and without further act by any party become null and void. (2) The judge in whose court judgment was rendered may, upon proper showing by affidavit of the judgment debtor and after full hearing thereof, reinstate the order and stay of garnishment, or may amend the order so as to alter the terms and the amount of payment, if it shall appear that such default was due to the lack of employment or other justifiable cause beyond the control of the judgment debtor. (c) (1) In any case in which a garnishment has been answered by an employer garnishee and while the lien of garnishment created thereby is in effect the underlying judgment is paid in full or otherwise satisfied of record in the clerk's office, it shall be the duty of the court clerk promptly to notify the garnishee of the satisfaction of the judgment and the expiration of the lien of garnishment. (2) The judgment creditor shall notify the court clerk of the balance due upon a judgment whenever the creditor causes the issuance or revival of a garnishment thereon. Furthermore, the judgment creditor shall notify the court clerk when the judgment has been satisfied. Acts 1978, ch. 915, § 36; T.C.A., § 26-246.
(a) The clerk shall keep a record in such cause of all payments to and disbursements by the clerk.
(b) (1) Upon failure of such judgment debtor to comply with such order, the clerk shall make notation thereof on the record in such cause, and thereupon the stay of execution by garnishment shall immediately and without further act by any party become null and void. (2) The judge in whose court judgment was rendered may, upon proper showing by affidavit of the judgment debtor and after full hearing thereof, reinstate the order and stay of garnishment, or may amend the order so as to alter the terms and the amount of payment, if it shall appear that such default was due to the lack of employment or other justifiable cause beyond the control of the judgment debtor.
(1) Upon failure of such judgment debtor to comply with such order, the clerk shall make notation thereof on the record in such cause, and thereupon the stay of execution by garnishment shall immediately and without further act by any party become null and void.
(2) The judge in whose court judgment was rendered may, upon proper showing by affidavit of the judgment debtor and after full hearing thereof, reinstate the order and stay of garnishment, or may amend the order so as to alter the terms and the amount of payment, if it shall appear that such default was due to the lack of employment or other justifiable cause beyond the control of the judgment debtor.
(c) (1) In any case in which a garnishment has been answered by an employer garnishee and while the lien of garnishment created thereby is in effect the underlying judgment is paid in full or otherwise satisfied of record in the clerk's office, it shall be the duty of the court clerk promptly to notify the garnishee of the satisfaction of the judgment and the expiration of the lien of garnishment. (2) The judgment creditor shall notify the court clerk of the balance due upon a judgment whenever the creditor causes the issuance or revival of a garnishment thereon. Furthermore, the judgment creditor shall notify the court clerk when the judgment has been satisfied.
(1) In any case in which a garnishment has been answered by an employer garnishee and while the lien of garnishment created thereby is in effect the underlying judgment is paid in full or otherwise satisfied of record in the clerk's office, it shall be the duty of the court clerk promptly to notify the garnishee of the satisfaction of the judgment and the expiration of the lien of garnishment.
(2) The judgment creditor shall notify the court clerk of the balance due upon a judgment whenever the creditor causes the issuance or revival of a garnishment thereon. Furthermore, the judgment creditor shall notify the court clerk when the judgment has been satisfied.
Acts 1978, ch. 915, § 36; T.C.A., § 26-246.
Tenn. Code Ann. § 26-2-205 — TN Code / Title 26 / Chapter 2 / Section 26-2-205
Garnishee's answer - Effect
Status: in_force

The answer of the garnishee is not conclusive. Acts 1978, ch. 915, § 24; T.C.A., § 26-234; Acts 1991, ch. 273, § 38.
The answer of the garnishee is not conclusive.
Acts 1978, ch. 915, § 24; T.C.A., § 26-234; Acts 1991, ch. 273, § 38.
Tenn. Code Ann. § 26-6-207 — TN Code / Title 26 / Chapter 6 / Section 26-6-207
Effect of recognition of foreign-country judgment
Status: in_force

If the court in a proceeding under § 26-6-206 finds that the foreign-country judgment is entitled to recognition under this part, then, to the extent that the foreign-country judgment grants or denies recovery of a sum of money, the foreign-country judgment is: (1) Conclusive between the parties to the same extent as the judgment of a sister state entitled to full faith and credit in this state would be conclusive; and (2) Enforceable in the same manner and to the same extent as a judgment rendered in this state. Added by 2019 Tenn. Acts, ch. 278, s 1, eff. 7/1/2019.
If the court in a proceeding under § 26-6-206 finds that the foreign-country judgment is entitled to recognition under this part, then, to the extent that the foreign-country judgment grants or denies recovery of a sum of money, the foreign-country judgment is:
(1) Conclusive between the parties to the same extent as the judgment of a sister state entitled to full faith and credit in this state would be conclusive; and
(2) Enforceable in the same manner and to the same extent as a judgment rendered in this state.
Added by 2019 Tenn. Acts, ch. 278, s 1, eff. 7/1/2019.
Tenn. Code Ann. § 26-1-106 — TN Code / Title 26 / Chapter 1 / Section 26-1-106
Execution for benefit of executive officer's sureties
Status: in_force

(a) Whenever a judgment by motion or action at law is had against a sheriff, coroner, or constable, and the official sureties of such officer, for a failure of duty in and about an execution, and the amount of such judgment has been paid by the sureties, the sureties are entitled, at their cost and risk, to issue an execution for their benefit on the original judgment. (b) The clerk shall, in such case, endorse upon the execution at whose instance it is sued out, and take from such persons bond with security in a sufficient amount for the costs and damages which may accrue. Code 1858, §§ 2994, 2995 (deriv. Acts 1849-1850, ch. 145, § 1); Shan., §§ 4724, 4725; Code 1932, §§ 8858, 8859; modified; T.C.A. (orig. ed.), §§ 26-106, 26-107.
(a) Whenever a judgment by motion or action at law is had against a sheriff, coroner, or constable, and the official sureties of such officer, for a failure of duty in and about an execution, and the amount of such judgment has been paid by the sureties, the sureties are entitled, at their cost and risk, to issue an execution for their benefit on the original judgment.
(b) The clerk shall, in such case, endorse upon the execution at whose instance it is sued out, and take from such persons bond with security in a sufficient amount for the costs and damages which may accrue.
Code 1858, §§ 2994, 2995 (deriv. Acts 1849-1850, ch. 145, § 1); Shan., §§ 4724, 4725; Code 1932, §§ 8858, 8859; modified; T.C.A. (orig. ed.), §§ 26-106, 26-107.
Tenn. Code Ann. § 26-1-103 — TN Code / Title 26 / Chapter 1 / Section 26-1-103
Enforcement of money judgments
Status: in_force

All judgments and decrees of any of the judicial tribunals of this state for money may be enforced by execution. Code 1858, § 2998 (deriv. Acts 1787, ch. 22, § 2); Shan., § 4728; Code 1932, § 8862; T.C.A. (orig. ed.), § 26-103.
All judgments and decrees of any of the judicial tribunals of this state for money may be enforced by execution.
Code 1858, § 2998 (deriv. Acts 1787, ch. 22, § 2); Shan., § 4728; Code 1932, § 8862; T.C.A. (orig. ed.), § 26-103.
Tenn. Code Ann. § 26-2-306 — TN Code / Title 26 / Chapter 2 / Section 26-2-306
Exemption inapplicable in certain cases
Status: in_force

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 not exempt from distress or sale for taxes; or for fines and costs for voting out of the civil district, precinct or ward in which the voter lives; or for carrying deadly or concealed weapons contrary to law; or for giving away or selling intoxicating liquors on election days. Acts 1870, ch. 80, § 1; 1870-1871, ch. 71, § 5; 1879, ch. 171, § 2; impl. am. Acts 1891, ch. 1, § 19; Shan., § 3799; Code 1932, § 7720; T.C.A. (orig. ed.), § 26-307.
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 not exempt from distress or sale for taxes; or for fines and costs for voting out of the civil district, precinct or ward in which the voter lives; or for carrying deadly or concealed weapons contrary to law; or for giving away or selling intoxicating liquors on election days.
Acts 1870, ch. 80, § 1; 1870-1871, ch. 71, § 5; 1879, ch. 171, § 2; impl. am. Acts 1891, ch. 1, § 19; Shan., § 3799; Code 1932, § 7720; T.C.A. (orig. ed.), § 26-307.
Tenn. Code Ann. § 26-2-201 — TN Code / Title 26 / Chapter 2 / Section 26-2-201
Part definitions
Status: in_force

As used in this part: (1) "Clerk" means a clerk of a court of general sessions, the courts of record or any other courts duly established under the laws of Tennessee; (2) "Court" means the court of general sessions, the courts of record or any other courts duly established under the law of Tennessee; (3) "Property, debts, and effects" includes real estate and choses in action, whether due or not, and judgments before a court; also money or stocks in an incorporated company. Acts 1978, ch. 915, § 21; modified; T.C.A., § 26-231.
As used in this part:
(1) "Clerk" means a clerk of a court of general sessions, the courts of record or any other courts duly established under the laws of Tennessee;
(2) "Court" means the court of general sessions, the courts of record or any other courts duly established under the law of Tennessee;
(3) "Property, debts, and effects" includes real estate and choses in action, whether due or not, and judgments before a court; also money or stocks in an incorporated company.
Acts 1978, ch. 915, § 21; modified; T.C.A., § 26-231.
Tenn. Code Ann. § 26-1-304 — TN Code / Title 26 / Chapter 1 / Section 26-1-304
Endorsement by executive officer
Status: in_force

(a) The officer to whom an execution is legally issued, shall, in like manner, endorse thereon the day on which such officer received it, any levy, sale or other act done by virtue thereof, with the date, and the dates and amounts of any receipts or payments in satisfaction thereof, the endorsements to be made at the time of the receipt or act done. (b) Any officer, who fails or neglects to comply with the provisions of this section, forfeits one hundred twenty-five dollars ($125) to any person who will sue therefor, and also commits a Class C misdemeanor, for which, on conviction, such officer may be removed from office. Code 1858, §§ 3018, 3019 (deriv. Acts 1794, ch. 1, § 9); Shan., §§ 4746, 4747; Code 1932, §§ 8880, 8881; T.C.A. (orig. ed.), § 26-124; Acts 1989, ch. 591, § 113.
(a) The officer to whom an execution is legally issued, shall, in like manner, endorse thereon the day on which such officer received it, any levy, sale or other act done by virtue thereof, with the date, and the dates and amounts of any receipts or payments in satisfaction thereof, the endorsements to be made at the time of the receipt or act done.
(b) Any officer, who fails or neglects to comply with the provisions of this section, forfeits one hundred twenty-five dollars ($125) to any person who will sue therefor, and also commits a Class C misdemeanor, for which, on conviction, such officer may be removed from office.
Code 1858, §§ 3018, 3019 (deriv. Acts 1794, ch. 1, § 9); Shan., §§ 4746, 4747; Code 1932, §§ 8880, 8881; T.C.A. (orig. ed.), § 26-124; Acts 1989, ch. 591, § 113.
Tenn. Code Ann. § 26-6-105 — TN Code / Title 26 / Chapter 6 / Section 26-6-105
Service of process - Enforcement proceeding delayed
Status: in_force

(a) At the time of the filing of the foreign judgment, the judgment creditor or the judgment creditor's lawyer shall make and file with the clerk of the court an affidavit setting forth the name and last known post office address of the judgment debtor, and the judgment creditor. (b) Promptly upon the filing of the foreign judgment and affidavit, the clerk of the court wherein the judgment is filed shall issue a summons to be delivered for service to any person authorized to serve process. This person shall serve the summons and return endorsed thereon shall be proof of the time and manner of service. (c) No execution or other process for enforcement of a foreign judgment filed hereunder shall issue until thirty (30) days after the date a summons has been served upon the judgment debtor. Acts 1976, ch. 530, § 3; 1977, ch. 50, § 1; T.C.A., § 26-803.
(a) At the time of the filing of the foreign judgment, the judgment creditor or the judgment creditor's lawyer shall make and file with the clerk of the court an affidavit setting forth the name and last known post office address of the judgment debtor, and the judgment creditor.
(b) Promptly upon the filing of the foreign judgment and affidavit, the clerk of the court wherein the judgment is filed shall issue a summons to be delivered for service to any person authorized to serve process. This person shall serve the summons and return endorsed thereon shall be proof of the time and manner of service.
(c) No execution or other process for enforcement of a foreign judgment filed hereunder shall issue until thirty (30) days after the date a summons has been served upon the judgment debtor.
Acts 1976, ch. 530, § 3; 1977, ch. 50, § 1; T.C.A., § 26-803.
Tenn. Code Ann. § 26-2-222 — TN Code / Title 26 / Chapter 2 / Section 26-2-222
Garnishment procedure for state officers or employees
Status: in_force

(a) In case of garnishment of officers, employees, contractors, or vendors of the state, garnishment notice may issue from any court or any court of record and shall be served upon the commissioner of that department in which such officer, employee, contractor, or vendor shall be engaged, or with which the garnishee is connected. The date of service shall be the date upon which service upon the commissioner has been accomplished. If such garnishment is not served as set forth above, such service shall be considered ineffective, and the state shall not be liable for any sums due thereunder. Such commissioner, or the commissioner's designee, is directed to make answer to such garnishment notice or summons, stating the compensation, if any, due any state officer, employee, contractor, or vendor so garnisheed. Such commissioner is directed to withhold any amounts then due the state officer, employee, contractor, or vendor up to and including the amount of the judgment and costs on which the garnishment proceedings were predicated, until the garnishment is released by the issuing court or such funds are paid into that court, as provided by law, and is directed to pay to such officer, employee, contractor, or vendor any amount or sum which may be due such officer, employee, contractor, or vendor above the amount of such judgment and costs, or if applicable, above the amount of each periodic payment made from successive pay periods. (b) In addition to the amount of the disposable earnings subject to garnishment, the state department of finance and administration shall be entitled to retain an administrative fee of five dollars ($5.00) due from the judgment debtor at the time of each payment made to the court as a result of the garnishment. The five dollar ($5.00) fee will be retained from the balance of the judgment debtor's earnings remaining after deducting the payment made to the garnishing court. If the maximum garnishable amount has been reached prior to retaining the five dollar ($5.00) fee, then such amount due shall remain owing to the state until paid. (c) The time at which the garnishment lien attaches to the amounts due the state officer, employee, contractor, or vendor shall be seven (7) business days from the date of service of the garnishment. (d) If the commissioner in the department in which the officer, employee, contractor, or vendor works, or the commissioner's duly authorized agent or attorney, fails to appear and answer such garnishment, it shall be presumed that the state is indebted to the officer, employee, contractor, or vendor to the full amount of the judgment creditor's demand, and thereupon a conditional judgment may be entered against the state for the judgment to the extent of the garnishable funds paid out by the state which were due the debtor during the period the garnishment was effective. (e) After the entry of such conditional judgment a scire facias shall issue to the commissioner of the department in which the garnisheed officer, employee, contractor, or vendor works, returnable to the next term of the court or to a day and place fixed by the court, to show cause why final judgment should not be entered against the state. (f) Upon the return of such scire facias, fully served upon the commissioner of the department in which the garnisheed officer, employee, contractor, or vendor works, and upon the failure of the state to appear and show cause, the conditional judgment against the state shall be made final. In such event, the commissioner is directed to pay any such judgment and deduct the amount thereof from wages, salaries, or other compensation owing to such officer, employee, contractor, or vendor garnisheed under this part. Notwithstanding the foregoing, in any case in which judgment is obtained under this section, if there is no compensation due such officer, employee, contractor, or vendor so garnisheed during the period such garnishment was effective, such judgment against the state shall be void and unenforceable. (g) Any process required to be served under this section may be served, pursuant to the Tennessee Rules of Civil Procedure, by a private process server. Acts 1978, ch. 915, §§ 41-44; T.C.A., §§ 26-251 -- 26-254; Acts 2001, ch. 412, § 2.
(a) In case of garnishment of officers, employees, contractors, or vendors of the state, garnishment notice may issue from any court or any court of record and shall be served upon the commissioner of that department in which such officer, employee, contractor, or vendor shall be engaged, or with which the garnishee is connected. The date of service shall be the date upon which service upon the commissioner has been accomplished. If such garnishment is not served as set forth above, such service shall be considered ineffective, and the state shall not be liable for any sums due thereunder. Such commissioner, or the commissioner's designee, is directed to make answer to such garnishment notice or summons, stating the compensation, if any, due any state officer, employee, contractor, or vendor so garnisheed. Such commissioner is directed to withhold any amounts then due the state officer, employee, contractor, or vendor up to and including the amount of the judgment and costs on which the garnishment proceedings were predicated, until the garnishment is released by the issuing court or such funds are paid into that court, as provided by law, and is directed to pay to such officer, employee, contractor, or vendor any amount or sum which may be due such officer, employee, contractor, or vendor above the amount of such judgment and costs, or if applicable, above the amount of each periodic payment made from successive pay periods.
(b) In addition to the amount of the disposable earnings subject to garnishment, the state department of finance and administration shall be entitled to retain an administrative fee of five dollars ($5.00) due from the judgment debtor at the time of each payment made to the court as a result of the garnishment. The five dollar ($5.00) fee will be retained from the balance of the judgment debtor's earnings remaining after deducting the payment made to the garnishing court. If the maximum garnishable amount has been reached prior to retaining the five dollar ($5.00) fee, then such amount due shall remain owing to the state until paid.
(c) The time at which the garnishment lien attaches to the amounts due the state officer, employee, contractor, or vendor shall be seven (7) business days from the date of service of the garnishment.
(d) If the commissioner in the department in which the officer, employee, contractor, or vendor works, or the commissioner's duly authorized agent or attorney, fails to appear and answer such garnishment, it shall be presumed that the state is indebted to the officer, employee, contractor, or vendor to the full amount of the judgment creditor's demand, and thereupon a conditional judgment may be entered against the state for the judgment to the extent of the garnishable funds paid out by the state which were due the debtor during the period the garnishment was effective.
(e) After the entry of such conditional judgment a scire facias shall issue to the commissioner of the department in which the garnisheed officer, employee, contractor, or vendor works, returnable to the next term of the court or to a day and place fixed by the court, to show cause why final judgment should not be entered against the state.
(f) Upon the return of such scire facias, fully served upon the commissioner of the department in which the garnisheed officer, employee, contractor, or vendor works, and upon the failure of the state to appear and show cause, the conditional judgment against the state shall be made final. In such event, the commissioner is directed to pay any such judgment and deduct the amount thereof from wages, salaries, or other compensation owing to such officer, employee, contractor, or vendor garnisheed under this part. Notwithstanding the foregoing, in any case in which judgment is obtained under this section, if there is no compensation due such officer, employee, contractor, or vendor so garnisheed during the period such garnishment was effective, such judgment against the state shall be void and unenforceable.
(g) Any process required to be served under this section may be served, pursuant to the Tennessee Rules of Civil Procedure, by a private process server.
Acts 1978, ch. 915, §§ 41-44; T.C.A., §§ 26-251 -- 26-254; Acts 2001, ch. 412, § 2.
Tenn. Code Ann. § 26-6-101 — TN Code / Title 26 / Chapter 6 / Section 26-6-101
Short title
Status: in_force

This part may be cited as the "Uniform Enforcement of Foreign Judgments Act." Amended by 2019 Tenn. Acts, ch. 278,s 2, eff. 7/1/2019. Acts 1976, ch. 530, § 7; T.C.A., § 26-807.
This part may be cited as the "Uniform Enforcement of Foreign Judgments Act."
Amended by 2019 Tenn. Acts, ch. 278,s 2, eff. 7/1/2019.
Acts 1976, ch. 530, § 7; T.C.A., § 26-807.
Tenn. Code Ann. § 26-4-102 — TN Code / Title 26 / Chapter 4 / Section 26-4-102
Powers of court to reach property
Status: in_force

The court has power to compel the discovery, and to prevent the transfer, payment, or delivery of the property, and to subject the same to the satisfaction of the judgment or decree, whether such property could, if in the defendant's possession or with the title vested in the defendant, be levied upon by execution or not. Code 1858, § 4284 (deriv. Acts 1832, ch. 11, § 2); Shan., § 6093; Code 1932, § 10354; T.C.A. (orig. ed.), § 26-602.
The court has power to compel the discovery, and to prevent the transfer, payment, or delivery of the property, and to subject the same to the satisfaction of the judgment or decree, whether such property could, if in the defendant's possession or with the title vested in the defendant, be levied upon by execution or not.
Code 1858, § 4284 (deriv. Acts 1832, ch. 11, § 2); Shan., § 6093; Code 1932, § 10354; T.C.A. (orig. ed.), § 26-602.
Tenn. Code Ann. § 26-2-301 — TN Code / Title 26 / Chapter 2 / Section 26-2-301
Basic exemption
Status: in_force

(a) An individual, whether a head of family or not, shall be entitled to a homestead exemption upon real property which is owned by the individual and used by the individual or the individual's spouse or dependent, as a principal place of residence. The aggregate value of such homestead exemption shall not exceed thirty-five thousand dollars ($35,000); provided, individuals who jointly own and use real property as their principal place of residence shall be entitled to homestead exemptions, the aggregate value of which exemptions combined shall not exceed fifty-two thousand five hundred dollars ($52,500), which shall be divided equally among them in the event the homestead exemptions are claimed in the same proceeding; provided, if only one (1) of the joint owners of real property used as their principal place of residence is involved in the proceeding wherein homestead exemption is claimed, then the individual's homestead exemption shall be thirty-five thousand dollars ($35,000). The homestead exemption shall not be subject to execution, attachment, or sale under legal proceedings during the life of the individual. Upon the death of an individual who is head of a family, any such exemption shall inure to the benefit of the surviving spouse and their minor children for as long as the spouse or the minor children use such property as a principal place of residence. (b) If a marital relationship exists, a homestead exemption shall not be alienated or waived without the joint consent of the spouses. (c) The homestead exemption shall not operate against public taxes nor shall it operate against debts contracted for the purchase money of such homestead or improvements thereon nor shall it operate against any debt secured by the homestead when the exemption has been waived by written contract. (d) A deed, installment deed, mortgage, deed of trust, or any other deed or instrument by any other name whatsoever conveying property in which there may be a homestead exemption, duly executed, conveys the property free of homestead exemption, but the homestead exemption may not be waived in a note, other instrument evidencing debt, or any other instrument not conveying property in which homestead exemption may be claimed. (e) [Deleted by 2021 amendment.] (f) [Deleted by 2021 amendment.] Amended by 2021 Tenn. Acts, ch. 301, s 2, eff. 1/1/2022. Amended by 2021 Tenn. Acts, ch. 301, s 1, eff. 1/1/2022. Amended by 2015 Tenn. Acts, ch. 326, s 1, eff. 4/28/2015. Acts 1870, ch. 80, § 1; 1870-1871, ch. 71, § 4; 1879, ch. 171, §§ 1, 2; Shan., § 3798; mod. Code 1932, § 7719; Acts 1933, ch. 72, § 1; 1943, ch. 131, § 1; C. Supp. 1950, § 7719; Acts 1975, ch. 285, § 1; 1979, ch. 61, § 1; 1980, ch. 919, § 1; T.C.A., § 26-301; Acts 2004, ch. 659, § 1; 2007 , ch. 560, § 1.
(a) An individual, whether a head of family or not, shall be entitled to a homestead exemption upon real property which is owned by the individual and used by the individual or the individual's spouse or dependent, as a principal place of residence. The aggregate value of such homestead exemption shall not exceed thirty-five thousand dollars ($35,000); provided, individuals who jointly own and use real property as their principal place of residence shall be entitled to homestead exemptions, the aggregate value of which exemptions combined shall not exceed fifty-two thousand five hundred dollars ($52,500), which shall be divided equally among them in the event the homestead exemptions are claimed in the same proceeding; provided, if only one (1) of the joint owners of real property used as their principal place of residence is involved in the proceeding wherein homestead exemption is claimed, then the individual's homestead exemption shall be thirty-five thousand dollars ($35,000). The homestead exemption shall not be subject to execution, attachment, or sale under legal proceedings during the life of the individual. Upon the death of an individual who is head of a family, any such exemption shall inure to the benefit of the surviving spouse and their minor children for as long as the spouse or the minor children use such property as a principal place of residence.
(b) If a marital relationship exists, a homestead exemption shall not be alienated or waived without the joint consent of the spouses.
(c) The homestead exemption shall not operate against public taxes nor shall it operate against debts contracted for the purchase money of such homestead or improvements thereon nor shall it operate against any debt secured by the homestead when the exemption has been waived by written contract.
(d) A deed, installment deed, mortgage, deed of trust, or any other deed or instrument by any other name whatsoever conveying property in which there may be a homestead exemption, duly executed, conveys the property free of homestead exemption, but the homestead exemption may not be waived in a note, other instrument evidencing debt, or any other instrument not conveying property in which homestead exemption may be claimed.
(e) [Deleted by 2021 amendment.]
(f) [Deleted by 2021 amendment.]
Amended by 2021 Tenn. Acts, ch. 301, s 2, eff. 1/1/2022.
Amended by 2021 Tenn. Acts, ch. 301, s 1, eff. 1/1/2022.
Amended by 2015 Tenn. Acts, ch. 326, s 1, eff. 4/28/2015.
Acts 1870, ch. 80, § 1; 1870-1871, ch. 71, § 4; 1879, ch. 171, §§ 1, 2; Shan., § 3798; mod. Code 1932, § 7719; Acts 1933, ch. 72, § 1; 1943, ch. 131, § 1; C. Supp. 1950, § 7719; Acts 1975, ch. 285, § 1; 1979, ch. 61, § 1; 1980, ch. 919, § 1; T.C.A., § 26-301; Acts 2004, ch. 659, § 1; 2007 , ch. 560, § 1.
Tenn. Code Ann. § 26-2-215 — TN Code / Title 26 / Chapter 2 / Section 26-2-215
Employer to remit withheld moneys to court
Status: in_force

The employer garnishee shall remit to the court all moneys withheld as provided under § 26-2-214 not less than one (1) time each calendar thirty (30) days. Acts 1978, ch. 915, § 34; T.C.A., § 26-244.
The employer garnishee shall remit to the court all moneys withheld as provided under § 26-2-214 not less than one (1) time each calendar thirty (30) days.
Acts 1978, ch. 915, § 34; T.C.A., § 26-244.
Tenn. Code Ann. § 26-1-110 — TN Code / Title 26 / Chapter 1 / Section 26-1-110
Garnishee unable to identify defendant
Status: in_force

(a) A garnishee who: (1) Receives an execution without the defendant's social security number, if an individual, or federal taxpayer identification, if a corporation, partnership, trust or other entity; and (2) After reasonable effort is otherwise unable to identify the defendant or to distinguish the defendant from other individuals or entities based on the information provided on the execution; may return the execution with the statement "Defendant cannot be identified or distinguished from information provided on the execution." (b) The failure to include a social security number or taxpayer identification number shall not invalidate the execution. Acts 1994, ch. 836, § 1.
(a) A garnishee who: (1) Receives an execution without the defendant's social security number, if an individual, or federal taxpayer identification, if a corporation, partnership, trust or other entity; and (2) After reasonable effort is otherwise unable to identify the defendant or to distinguish the defendant from other individuals or entities based on the information provided on the execution; may return the execution with the statement "Defendant cannot be identified or distinguished from information provided on the execution."
(1) Receives an execution without the defendant's social security number, if an individual, or federal taxpayer identification, if a corporation, partnership, trust or other entity; and
(2) After reasonable effort is otherwise unable to identify the defendant or to distinguish the defendant from other individuals or entities based on the information provided on the execution; may return the execution with the statement "Defendant cannot be identified or distinguished from information provided on the execution."
may return the execution with the statement "Defendant cannot be identified or distinguished from information provided on the execution."
(b) The failure to include a social security number or taxpayer identification number shall not invalidate the execution.
Acts 1994, ch. 836, § 1.
Tenn. Code Ann. § 26-1-207 — TN Code / Title 26 / Chapter 1 / Section 26-1-207
Issuance on demand
Status: in_force

In all other cases, the clerk shall issue to the plaintiff, the plaintiff's agent or attorney, on demand, an execution on any judgment or decree to which the plaintiff is entitled. Any clerk, who fails or refuses to issue execution as prescribed in this section, forfeits five hundred dollars ($500), to be recovered by action, and is liable to the party aggrieved in damages, and commits a Class C misdemeanor, for which, upon conviction, such clerk shall be removed from office. Code 1858, §§ 3013, 3014 (deriv. Acts 1832, ch. 3, §§ 1, 2); Shan., §§ 4741, 4742; mod. Code 1932, §§ 8875, 8876; modified; T.C.A. (orig. ed.), § 26-120; Acts 1989, ch. 519, § 113.
In all other cases, the clerk shall issue to the plaintiff, the plaintiff's agent or attorney, on demand, an execution on any judgment or decree to which the plaintiff is entitled. Any clerk, who fails or refuses to issue execution as prescribed in this section, forfeits five hundred dollars ($500), to be recovered by action, and is liable to the party aggrieved in damages, and commits a Class C misdemeanor, for which, upon conviction, such clerk shall be removed from office.
Code 1858, §§ 3013, 3014 (deriv. Acts 1832, ch. 3, §§ 1, 2); Shan., §§ 4741, 4742; mod. Code 1932, §§ 8875, 8876; modified; T.C.A. (orig. ed.), § 26-120; Acts 1989, ch. 519, § 113.
Tenn. Code Ann. § 26-2-204 — TN Code / Title 26 / Chapter 2 / Section 26-2-204
Examination of garnishee - Answer
Status: in_force

(a) The garnishee may be required to answer under oath: (1) Whether such garnishee is, or was at the time of the garnishment, indebted to the defendant; if so, how and to what amount; (2) Whether such garnishee had in possession or under such garnishee's control any property, debts, or effects belonging to the defendant, at the time of serving the notice, or has at the time of answering, or has had at any time between the date of service and the time of answering; if so, the kind and amount; (3) Whether there are, to such garnishee's knowledge and belief, any and what property, debts, and effects in the possession or under control of any other, and what, person; (4) Such other questions appearing on or attached to the original execution put to the garnishee by the court of the judgment creditor as may tend to elicit the information sought. (b) The garnishee may appear and make an answer initially either in person or by filing a written answer. Acts 1978, ch. 915, § 23; T.C.A., § 26-233; Acts 1986, ch. 761, § 1.
(a) The garnishee may be required to answer under oath: (1) Whether such garnishee is, or was at the time of the garnishment, indebted to the defendant; if so, how and to what amount; (2) Whether such garnishee had in possession or under such garnishee's control any property, debts, or effects belonging to the defendant, at the time of serving the notice, or has at the time of answering, or has had at any time between the date of service and the time of answering; if so, the kind and amount; (3) Whether there are, to such garnishee's knowledge and belief, any and what property, debts, and effects in the possession or under control of any other, and what, person; (4) Such other questions appearing on or attached to the original execution put to the garnishee by the court of the judgment creditor as may tend to elicit the information sought.
(1) Whether such garnishee is, or was at the time of the garnishment, indebted to the defendant; if so, how and to what amount;
(2) Whether such garnishee had in possession or under such garnishee's control any property, debts, or effects belonging to the defendant, at the time of serving the notice, or has at the time of answering, or has had at any time between the date of service and the time of answering; if so, the kind and amount;
(3) Whether there are, to such garnishee's knowledge and belief, any and what property, debts, and effects in the possession or under control of any other, and what, person;
(4) Such other questions appearing on or attached to the original execution put to the garnishee by the court of the judgment creditor as may tend to elicit the information sought.
(b) The garnishee may appear and make an answer initially either in person or by filing a written answer.
Acts 1978, ch. 915, § 23; T.C.A., § 26-233; Acts 1986, ch. 761, § 1.
Tenn. Code Ann. § 26-2-114 — TN Code / Title 26 / Chapter 2 / Section 26-2-114
Procedure for exercising exemption - Notice
Status: in_force

(a) Should a bona fide citizen permanently residing in Tennessee become a judgment debtor, such debtor must exercise the exemption as provided in § 26-2-103 by filing a list of all the items owned, constructive or actual, which the judgment debtor chooses to declare as exempt, together with the value of each such item. Such listing shall be on oath and filed with the court having jurisdiction. Furthermore, the judgment debtor may modify or amend the listing from time to time as the individual deems necessary. (b) Such claim for exemption by way of listing, modification or amendment thereto may be filed either before or after the judgment in the case has become final and shall have effect as to any execution issued after the date such claim for exemption is filed. However, subject to such exemption as is further set forth herein, a claim for exemption filed after the judgment has become final will have no effect as to an execution which is issued prior to the date the claim for exemption is filed, and as to such preexisting execution the claim for exemption shall be deemed waived. (c) It is the duty of the clerk of the court from which process is issued to cause to be stapled to, printed upon or otherwise securely affixed to the warrant, summons or other leading process in the action a typed or printed notice which shall read as follows: NOTICE TO THE DEFENDANT OR DEFENDANTS: Tennessee law provides a ten thousand dollar ($10,000) personal property exemption from execution or seizure to satisfy a judgment. If a judgment should be entered against you in this action and you wish to claim property as exempt, you must file a written list, under oath, of the items you wish to claim as exempt with the clerk of the court. The list may be filed at any time and may be changed by you thereafter as necessary; however, unless it is filed before the judgment becomes final, it will not be effective as to any execution or garnishment issued prior to the filing of the list. Certain items are automatically exempt by law and do not need to be listed; these include items of necessary wearing apparel for yourself and your family, and trunks or other receptacles necessary to contain such apparel, family portraits, the family Bible, and school books. Should any of these items be seized, you would have the right to recover them. If you do not understand this exemption right or how to exercise it, you may wish to seek the counsel of a lawyer. Acts 1978, ch. 915, § 4; impl. am. Acts 1980, ch. 919, § 2; modified; T.C.A., § 26-203; Acts 2011 , ch. 60, § 1.
(a) Should a bona fide citizen permanently residing in Tennessee become a judgment debtor, such debtor must exercise the exemption as provided in § 26-2-103 by filing a list of all the items owned, constructive or actual, which the judgment debtor chooses to declare as exempt, together with the value of each such item. Such listing shall be on oath and filed with the court having jurisdiction. Furthermore, the judgment debtor may modify or amend the listing from time to time as the individual deems necessary.
(b) Such claim for exemption by way of listing, modification or amendment thereto may be filed either before or after the judgment in the case has become final and shall have effect as to any execution issued after the date such claim for exemption is filed. However, subject to such exemption as is further set forth herein, a claim for exemption filed after the judgment has become final will have no effect as to an execution which is issued prior to the date the claim for exemption is filed, and as to such preexisting execution the claim for exemption shall be deemed waived.
(c) It is the duty of the clerk of the court from which process is issued to cause to be stapled to, printed upon or otherwise securely affixed to the warrant, summons or other leading process in the action a typed or printed notice which shall read as follows: NOTICE TO THE DEFENDANT OR DEFENDANTS: Tennessee law provides a ten thousand dollar ($10,000) personal property exemption from execution or seizure to satisfy a judgment. If a judgment should be entered against you in this action and you wish to claim property as exempt, you must file a written list, under oath, of the items you wish to claim as exempt with the clerk of the court. The list may be filed at any time and may be changed by you thereafter as necessary; however, unless it is filed before the judgment becomes final, it will not be effective as to any execution or garnishment issued prior to the filing of the list. Certain items are automatically exempt by law and do not need to be listed; these include items of necessary wearing apparel for yourself and your family, and trunks or other receptacles necessary to contain such apparel, family portraits, the family Bible, and school books. Should any of these items be seized, you would have the right to recover them. If you do not understand this exemption right or how to exercise it, you may wish to seek the counsel of a lawyer.
NOTICE TO THE DEFENDANT OR DEFENDANTS:
Tennessee law provides a ten thousand dollar ($10,000) personal property exemption from execution or seizure to satisfy a judgment. If a judgment should be entered against you in this action and you wish to claim property as exempt, you must file a written list, under oath, of the items you wish to claim as exempt with the clerk of the court. The list may be filed at any time and may be changed by you thereafter as necessary; however, unless it is filed before the judgment becomes final, it will not be effective as to any execution or garnishment issued prior to the filing of the list. Certain items are automatically exempt by law and do not need to be listed; these include items of necessary wearing apparel for yourself and your family, and trunks or other receptacles necessary to contain such apparel, family portraits, the family Bible, and school books. Should any of these items be seized, you would have the right to recover them. If you do not understand this exemption right or how to exercise it, you may wish to seek the counsel of a lawyer.
Acts 1978, ch. 915, § 4; impl. am. Acts 1980, ch. 919, § 2; modified; T.C.A., § 26-203; Acts 2011 , ch. 60, § 1.
Tenn. Code Ann. § 26-1-109 — TN Code / Title 26 / Chapter 1 / Section 26-1-109
When executions tested
Status: in_force

Court executions are tested the day of issuance. Code 1858, § 3001; Shan., § 4731; Code 1932, § 8865; Acts 1975, ch. 95, § 1; impl. am. Acts 1979, ch. 68, §§ 2, 3; modified; T.C.A. (orig. ed.), § 26-110; Acts 1985, ch. 131, § 1.
Court executions are tested the day of issuance.
Code 1858, § 3001; Shan., § 4731; Code 1932, § 8865; Acts 1975, ch. 95, § 1; impl. am. Acts 1979, ch. 68, §§ 2, 3; modified; T.C.A. (orig. ed.), § 26-110; Acts 1985, ch. 131, § 1.