reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 26 - EXECUTION (§§ 26-1-101 — 26-6-211) › Chapter 2 - EXEMPTIONS-GARNISHMENT (§§ 26-2-101 — 26-2-410) › Part 1 - EXEMPTIONS (§§ 26-2-101 — 26-2-115) › Section 26-2-105 - State pension moneys, certain retirement plan funds or assets, exempt - Claims under qualified domestic relations order

(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.s2, s3, s4 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.
2023 Tennessee Code › Title 26 - EXECUTION (§§ 26-1-101 — 26-6-211) › Chapter 2 - EXEMPTIONS-GARNISHMENT (§§ 26-2-101 — 26-2-410) › Part 1 - EXEMPTIONS (§§ 26-2-101 — 26-2-115) › Section 26-2-106 - Maximum amount of disposable earnings subject to garnishment - Garnishment costs

(a)
The maximum part of the aggregate disposable earnings of an individual for any workweek which is subjected to garnishment may not exceed:
(1)
Twenty-five percent (25%) of the disposable earnings for that week; or
(2)
The amount by which the 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, whichever is less.
(b)
In the case of earnings for any pay period other than a week, an equivalent amount shall be in effect.
(c)
The debtor shall pay the costs of any and all garnishments on each debt on which suit is brought.
Acts 1978, ch. 915, § 9; modified; T.C.A., § 26-208; Acts 2003, ch. 53, § 1.
2023 Tennessee Code › Title 26 - EXECUTION (§§ 26-1-101 — 26-6-211) › Chapter 2 - EXEMPTIONS-GARNISHMENT (§§ 26-2-101 — 26-2-410) › Part 1 - EXEMPTIONS (§§ 26-2-101 — 26-2-115) › Section 26-2-107 - Exemptions for dependent children

(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.
2023 Tennessee Code › Title 26 - EXECUTION (§§ 26-1-101 — 26-6-211) › Chapter 2 - EXEMPTIONS-GARNISHMENT (§§ 26-2-101 — 26-2-410) › Part 1 - EXEMPTIONS (§§ 26-2-101 — 26-2-115) › Section 26-2-108 - Personal earnings not exempt from order for alimony or child support

The personal earnings of the debtor shall not be exempt from an order, judgment, decree, installment thereof, or assignment for support as provided in title 36, chapter 5 and/or §
50-2-105
, when such order, judgment or decree is rendered for the support of such debtor's minor child or children; nor when such order, decree or judgment is for alimony and the party in whose favor such order was rendered has not remarried.
Acts 1978, ch. 915, § 12; T.C.A., § 26-211; Acts 1981, ch. 61, § 2; 1990, ch. 789, § 3.
2023 Tennessee Code › Title 26 - EXECUTION (§§ 26-1-101 — 26-6-211) › Chapter 2 - EXEMPTIONS-GARNISHMENT (§§ 26-2-101 — 26-2-410) › Part 1 - EXEMPTIONS (§§ 26-2-101 — 26-2-115) › Section 26-2-109 - Debtor deserting family - Property exempt in hands of spouse or children

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.
2023 Tennessee Code › Title 26 - EXECUTION (§§ 26-1-101 — 26-6-211) › Chapter 2 - EXEMPTIONS-GARNISHMENT (§§ 26-2-101 — 26-2-410) › Part 1 - EXEMPTIONS (§§ 26-2-101 — 26-2-115) › Section 26-2-110 - Insurance benefits exempt

(a)
There shall be exempt from the claims of all creditors, and from execution, attachment, or garnishment, any sum or sums of money which may hereafter become due and payable to any person, who is a resident and citizen of this state, from any insurance company or other insurer, under the terms and provisions of any contracts of accident, health, or disability insurance insuring the assured against loss by reason of accidental personal injuries, or insuring the assured against loss by reason of physical disability resulting from disease.
(b)
In the event of the death of any such person so insured as set out in subsection (a), any sum or sums of money so due and payable at the time of the death of the insured shall likewise be exempt from the claims of all creditors and from execution, attachment or garnishment, in the same manner as provided in §§
56-7-201
,
56-7-203
.
(c)
As regards those cases where disability may have begun prior to May 21, 1937, the exemptions granted in subsections (a) and (b) shall apply to installment payments under such contract or contracts of insurance which may become due and payable for such weekly, monthly or other installment term (as determined by the contract of insurance) as may have commenced on or after such date.
Acts 1978, ch. 915, §§ 15-17; T.C.A., §§ 26-214 -- 26-216.
2023 Tennessee Code › Title 26 - EXECUTION (§§ 26-1-101 — 26-6-211) › Chapter 2 - EXEMPTIONS-GARNISHMENT (§§ 26-2-101 — 26-2-410) › Part 1 - EXEMPTIONS (§§ 26-2-101 — 26-2-115) › Section 26-2-112 - Exemptions for the purpose of bankruptcy

The personal property exemptions as provided for in this part, and the other exemptions as provided in other sections of the Tennessee Code Annotated for the citizens of Tennessee, are hereby declared adequate and the citizens of Tennessee, pursuant to section 522(b)(1), Public Law 95-598 known as the Bankruptcy Reform Act of 1978 (
11 U.S.C., § 522 (b)(1)
), are not authorized to claim as exempt the property described in the Bankruptcy Reform Act of 1978 (
11 USC § 522 (d)
).
Acts 1980, ch. 919, § 4; T.C.A., § 26-901.
2023 Tennessee Code › Title 26 - EXECUTION (§§ 26-1-101 — 26-6-211) › Chapter 2 - EXEMPTIONS-GARNISHMENT (§§ 26-2-101 — 26-2-410) › Part 1 - EXEMPTIONS (§§ 26-2-101 — 26-2-115) › Section 26-2-113 - Exemptions in criminal cases - Exemptions not applicable in certain cases

Property exempted by this part shall be exempt from seizure in criminal as well as in civil cases, but the same shall not be exempt from distress or sale for taxes; or for fines and costs for voting out of the civil district 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 1978, ch. 915, § 13; modified; T.C.A., § 26-212.
2023 Tennessee Code › Title 26 - EXECUTION (§§ 26-1-101 — 26-6-211) › Chapter 2 - EXEMPTIONS-GARNISHMENT (§§ 26-2-101 — 26-2-410) › Part 1 - EXEMPTIONS (§§ 26-2-101 — 26-2-115) › Section 26-2-114 - Procedure for exercising exemption - Notice

(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.
2023 Tennessee Code › Title 26 - EXECUTION (§§ 26-1-101 — 26-6-211) › Chapter 2 - EXEMPTIONS-GARNISHMENT (§§ 26-2-101 — 26-2-410) › Part 1 - EXEMPTIONS (§§ 26-2-101 — 26-2-115) › Section 26-2-115 - Examination of judgment debtor and others

(a)
Upon proper application by the judgment creditor, the judgment creditor may examine any person, including the judgment debtor, in order to determine the truth and correctness of the facts stated in the judgment debtor's listing as provided in §
26-2-114
.
(b)
Upon application of the judgment creditor, the court may inquire into the truth and sufficiency of the debtor's claim for exemption, and may, where the debtor knowingly makes false claim for exemption, enter an order denying the debtor the right to make further claim for exemption as to that creditor's judgment. The clerk shall immediately forward a copy thereof to the employer. The creditor may likewise challenge the employer's answer in the manner now provided by law.
Acts 1978, ch. 915, §§ 6, 10; T.C.A., §§ 26-205, 26-209.
2023 Tennessee Code › Title 26 - EXECUTION (§§ 26-1-101 — 26-6-211) › Chapter 2 - EXEMPTIONS-GARNISHMENT (§§ 26-2-101 — 26-2-410) › Part 2 - GARNISHMENT (§§ 26-2-201 — 26-2-225) › Section 26-2-201 - Part definitions

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.
2023 Tennessee Code › Title 26 - EXECUTION (§§ 26-1-101 — 26-6-211) › Chapter 2 - EXEMPTIONS-GARNISHMENT (§§ 26-2-101 — 26-2-410) › Part 2 - GARNISHMENT (§§ 26-2-201 — 26-2-225) › Section 26-2-202 - Property, debts and effects liable to satisfy judgment

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.
2023 Tennessee Code › Title 26 - EXECUTION (§§ 26-1-101 — 26-6-211) › Chapter 2 - EXEMPTIONS-GARNISHMENT (§§ 26-2-101 — 26-2-410) › Part 2 - GARNISHMENT (§§ 26-2-201 — 26-2-225) › Section 26-2-203 - Summons of garnishee

(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.
2023 Tennessee Code › Title 26 - EXECUTION (§§ 26-1-101 — 26-6-211) › Chapter 2 - EXEMPTIONS-GARNISHMENT (§§ 26-2-101 — 26-2-410) › Part 2 - GARNISHMENT (§§ 26-2-201 — 26-2-225) › Section 26-2-204 - Examination of garnishee - Answer

(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.
2023 Tennessee Code › Title 26 - EXECUTION (§§ 26-1-101 — 26-6-211) › Chapter 2 - EXEMPTIONS-GARNISHMENT (§§ 26-2-101 — 26-2-410) › Part 2 - GARNISHMENT (§§ 26-2-201 — 26-2-225) › Section 26-2-205 - Garnishee's answer - Effect

The answer of the garnishee is not conclusive.
Acts 1978, ch. 915, § 24; T.C.A., § 26-234; Acts 1991, ch. 273, § 38.
2023 Tennessee Code › Title 26 - EXECUTION (§§ 26-1-101 — 26-6-211) › Chapter 2 - EXEMPTIONS-GARNISHMENT (§§ 26-2-101 — 26-2-410) › Part 2 - GARNISHMENT (§§ 26-2-201 — 26-2-225) › Section 26-2-206 - Execution awarded for property in garnishee's hands

If, upon the answer and the examination of the garnishee, it appears that the garnishee has property, debts, or effects in the garnishee's hands or under the garnishee's control, liable for the plaintiff's debt, judgment may be entered, and execution awarded for the property, money, or effects, as the case may be, or so much thereof as will be sufficient to satisfy the plaintiff's debt and costs and all charges incident to the proceedings.
Acts 1978, ch. 915, § 25; T.C.A., § 26-235.
2023 Tennessee Code › Title 26 - EXECUTION (§§ 26-1-101 — 26-6-211) › Chapter 2 - EXEMPTIONS-GARNISHMENT (§§ 26-2-101 — 26-2-410) › Part 2 - GARNISHMENT (§§ 26-2-201 — 26-2-225) › Section 26-2-207 - Notice to other persons holding defendant's property

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.
2023 Tennessee Code › Title 26 - EXECUTION (§§ 26-1-101 — 26-6-211) › Chapter 2 - EXEMPTIONS-GARNISHMENT (§§ 26-2-101 — 26-2-410) › Part 2 - GARNISHMENT (§§ 26-2-201 — 26-2-225) › Section 26-2-208 - Delivery of garnisheed property - Judgment for nondelivery

As soon as the property is declared to be the property of the defendant, under §§
26-2-206
and
26-2-207
, it shall be delivered up to the officer serving the garnishment, on demand. On failure to deliver such property, and a return made on the execution of that fact, judgment shall be entered immediately against the garnishee, for the debt and costs.
Acts 1978, ch. 915, § 27; T.C.A., § 26-237.
2023 Tennessee Code › Title 26 - EXECUTION (§§ 26-1-101 — 26-6-211) › Chapter 2 - EXEMPTIONS-GARNISHMENT (§§ 26-2-101 — 26-2-410) › Part 2 - GARNISHMENT (§§ 26-2-201 — 26-2-225) › Section 26-2-209 - Failure to appear or answer

The date garnishee's answer is received by the court clerk shall be noted on the docket book in the proper manner, whether or not the answer discloses any property subject to garnishment. If the garnishee fails to appear or answer, a conditional judgment may be entered against the garnishee for the plaintiff's debt, upon which a notice shall issue to the garnishee returnable at such time as the court may require, to show cause why judgment final should not be rendered against the garnishee. On failure of the garnishee to appear and show cause, the conditional judgment shall be made final, and execution awarded for the plaintiff's entire debt and costs.
Acts 1978, ch. 915, § 28; T.C.A., § 26-238.
2023 Tennessee Code › Title 26 - EXECUTION (§§ 26-1-101 — 26-6-211) › Chapter 2 - EXEMPTIONS-GARNISHMENT (§§ 26-2-101 — 26-2-410) › Part 2 - GARNISHMENT (§§ 26-2-201 — 26-2-225) › Section 26-2-210 - Levy of execution on land

If an execution is issued by a court that is not a court of record and a levy is made upon land or an interest in land, then the execution and other papers in connection therewith shall be returned to the circuit court of the county for condemnation as in other cases of the levy of a court's execution on land.
Acts 1978, ch. 915, § 29; T.C.A., § 26-239.
2023 Tennessee Code › Title 26 - EXECUTION (§§ 26-1-101 — 26-6-211) › Chapter 2 - EXEMPTIONS-GARNISHMENT (§§ 26-2-101 — 26-2-410) › Part 2 - GARNISHMENT (§§ 26-2-201 — 26-2-225) › Section 26-2-211 - Execution stayed until choses in action become due

Execution of the garnishment judgment may be stayed until the choses in action fall due, and the court may order them to be collected, or if necessary, sold, as may be deemed just and proper.
Acts 1978, ch. 915, § 30; T.C.A., § 26-240.
2023 Tennessee Code › Title 26 - EXECUTION (§§ 26-1-101 — 26-6-211) › Chapter 2 - EXEMPTIONS-GARNISHMENT (§§ 26-2-101 — 26-2-410) › Part 2 - GARNISHMENT (§§ 26-2-201 — 26-2-225) › Section 26-2-212 - Certificate given to garnishee stating date and amount of judgment

The garnishee against whom judgment has been rendered is entitled to a certificate from the clerk stating the date and amount of the garnishment judgment, in whose favor and in what case rendered. Such certificate shall have all the force and effect of a receipt against the original debt, and entitle the garnishee to a credit to the amount thereof on the original judgment, or on the execution if already issued, to be entered by the officer.
Acts 1978, ch. 915, § 31; T.C.A., § 26-241.
2023 Tennessee Code › Title 26 - EXECUTION (§§ 26-1-101 — 26-6-211) › Chapter 2 - EXEMPTIONS-GARNISHMENT (§§ 26-2-101 — 26-2-410) › Part 2 - GARNISHMENT (§§ 26-2-201 — 26-2-225) › Section 26-2-213 - Lien upon debts due and payable in future

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.
2023 Tennessee Code › Title 26 - EXECUTION (§§ 26-1-101 — 26-6-211) › Chapter 2 - EXEMPTIONS-GARNISHMENT (§§ 26-2-101 — 26-2-410) › Part 2 - GARNISHMENT (§§ 26-2-201 — 26-2-225) › Section 26-2-214 - Garnishment of compensation due from garnishee

(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.
2023 Tennessee Code › Title 26 - EXECUTION (§§ 26-1-101 — 26-6-211) › Chapter 2 - EXEMPTIONS-GARNISHMENT (§§ 26-2-101 — 26-2-410) › Part 2 - GARNISHMENT (§§ 26-2-201 — 26-2-225) › Section 26-2-215 - Employer to remit withheld moneys to court

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.
2023 Tennessee Code › Title 26 - EXECUTION (§§ 26-1-101 — 26-6-211) › Chapter 2 - EXEMPTIONS-GARNISHMENT (§§ 26-2-101 — 26-2-410) › Part 2 - GARNISHMENT (§§ 26-2-201 — 26-2-225) › Section 26-2-217 - Payments - Records - Delinquency - Notice of balance or of satisfaction

(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.
2023 Tennessee Code › Title 26 - EXECUTION (§§ 26-1-101 — 26-6-211) › Chapter 2 - EXEMPTIONS-GARNISHMENT (§§ 26-2-101 — 26-2-410) › Part 2 - GARNISHMENT (§§ 26-2-201 — 26-2-225) › Section 26-2-218 - Written agreement for installment payments

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.
2023 Tennessee Code › Title 26 - EXECUTION (§§ 26-1-101 — 26-6-211) › Chapter 2 - EXEMPTIONS-GARNISHMENT (§§ 26-2-101 — 26-2-410) › Part 2 - GARNISHMENT (§§ 26-2-201 — 26-2-225) › Section 26-2-219 - Failure to comply with agreement

(a)
Should the judgment debtor fail to strictly comply with the terms of an agreement as provided by §
26-2-218
, the stay of execution by garnishment shall immediately become null and void.
(b)
Upon the stay of execution by garnishment becoming void and the issuance and service of garnishment having taken place prior to the proceeding to obtain a stay of garnishment, the lien on wages provided by this section shall have priority over all liens executed subsequent to the original date of issuance.
Acts 1978, ch. 915, § 38; T.C.A., § 26-248.
2023 Tennessee Code › Title 26 - EXECUTION (§§ 26-1-101 — 26-6-211) › Chapter 2 - EXEMPTIONS-GARNISHMENT (§§ 26-2-101 — 26-2-410) › Part 2 - GARNISHMENT (§§ 26-2-201 — 26-2-225) › Section 26-2-220 - Applicability of provisions for garnishment on attachments

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.
2023 Tennessee Code › Title 26 - EXECUTION (§§ 26-1-101 — 26-6-211) › Chapter 2 - EXEMPTIONS-GARNISHMENT (§§ 26-2-101 — 26-2-410) › Part 2 - GARNISHMENT (§§ 26-2-201 — 26-2-225) › Section 26-2-221 - Garnishment of compensation due from state - Amount exempted

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.
2023 Tennessee Code › Title 26 - EXECUTION (§§ 26-1-101 — 26-6-211) › Chapter 2 - EXEMPTIONS-GARNISHMENT (§§ 26-2-101 — 26-2-410) › Part 2 - GARNISHMENT (§§ 26-2-201 — 26-2-225) › Section 26-2-223 - No wages due garnisheed employee - Judgment null and void

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.
2023 Tennessee Code › Title 26 - EXECUTION (§§ 26-1-101 — 26-6-211) › Chapter 2 - EXEMPTIONS-GARNISHMENT (§§ 26-2-101 — 26-2-410) › Part 2 - GARNISHMENT (§§ 26-2-201 — 26-2-225) › Section 26-2-224 - Time for execution when multiple writs exist

(a)
Notwithstanding any other provision of law or rule to the contrary, a writ of garnishment that is filed later in time than another such writ, and which deducts the maximum amount allowable by law from the debtor's wages, shall not run concurrently with the earlier filed writ with regard to the six-month time limit prescribed in §
26-2-214
. Such later filed writ of garnishment shall not begin to run until the earlier filed writ's judgment has been satisfied, such earlier filed writ has expired, or such earlier filed writ has been stayed by installment motion as prescribed in §
26-2-216
.
(b)
The time limit prescribed in §
26-2-214
shall not be extended beyond six (6) months from the date of filing if the garnishee has failed to answer or remit funds for such later filed writ.
(c)
Nothing in this section shall be construed to affect the date of attachment or the status of any underlying statutory or common law lien rights of any later filed writ of garnishment.
Acts 2000, ch. 856, § 1.
2023 Tennessee Code › Title 26 - EXECUTION (§§ 26-1-101 — 26-6-211) › Chapter 2 - EXEMPTIONS-GARNISHMENT (§§ 26-2-101 — 26-2-410) › Part 2 - GARNISHMENT (§§ 26-2-201 — 26-2-225) › Section 26-2-225 - Notifying judgment creditor of new employment

(a)
A judgment debtor whose salaries, wages or other compensation are subject to a garnishment shall notify the judgment creditor who filed the writ of garnishment within ten (10) days, as computed in §
1-3-102
, of obtaining any new employment. Notice to the judgment creditor shall be by certified mail and shall include the name, address and telephone number of the new employer. A judgment debtor who fails to provide notice of new employment in compliance with this section is in contempt of court and, upon the court making a determination of contempt, may be punished the same as contempt of court in a judicial proceeding. For purposes of a determination of contempt the debtor's notification of new employment to the judgment creditor shall be considered timely sent if mailed less than ten (10) days from the date of obtaining new employment.
(b)
Any fees imposed by the clerk or any other party on the transfer of garnishment to the debtor's new employment shall be imposed on the debtor by adding the amount to the debt to be collected.
Added by 2013 Tenn. Acts, ch. 187,s 1, eff. 7/1/2013.
2023 Tennessee Code › Title 26 - EXECUTION (§§ 26-1-101 — 26-6-211) › Chapter 2 - EXEMPTIONS-GARNISHMENT (§§ 26-2-101 — 26-2-410) › Part 3 - HOMESTEAD EXEMPTIONS (§§ 26-2-301 — 26-2-312) › Section 26-2-301 - Basic exemption

(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.
2023 Tennessee Code › Title 26 - EXECUTION (§§ 26-1-101 — 26-6-211) › Chapter 2 - EXEMPTIONS-GARNISHMENT (§§ 26-2-101 — 26-2-410) › Part 3 - HOMESTEAD EXEMPTIONS (§§ 26-2-301 — 26-2-312) › Section 26-2-302 - Life estates and equitable estates

Section
26-2-301
shall apply to life estates and equitable estates which are owned by an individual and used by the individual or individual's spouse or dependent as a principal place of residence. The homestead exemption in such estates shall be set apart as the court may prescribe in ordering the sale.
Acts 1870, ch. 80, § 2; Shan., § 3801; Code 1932, § 7722; Acts 1979, ch. 61, § 2; T.C.A., § 26-303.
2023 Tennessee Code › Title 26 - EXECUTION (§§ 26-1-101 — 26-6-211) › Chapter 2 - EXEMPTIONS-GARNISHMENT (§§ 26-2-101 — 26-2-410) › Part 3 - HOMESTEAD EXEMPTIONS (§§ 26-2-301 — 26-2-312) › Section 26-2-303 - Leasehold estates

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.
2023 Tennessee Code › Title 26 - EXECUTION (§§ 26-1-101 — 26-6-211) › Chapter 2 - EXEMPTIONS-GARNISHMENT (§§ 26-2-101 — 26-2-410) › Part 3 - HOMESTEAD EXEMPTIONS (§§ 26-2-301 — 26-2-312) › Section 26-2-304 - Insurance proceeds from homestead

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.
2023 Tennessee Code › Title 26 - EXECUTION (§§ 26-1-101 — 26-6-211) › Chapter 2 - EXEMPTIONS-GARNISHMENT (§§ 26-2-101 — 26-2-410) › Part 3 - HOMESTEAD EXEMPTIONS (§§ 26-2-301 — 26-2-312) › Section 26-2-305 - Family cemeteries and burial lots

Any interest or estate in a family cemetery, not in excess of one (1) acre, or in a burial lot in a cemetery, or a space in a mausoleum, or a certificate of ownership thereof, is exempt from levy of execution or attachment except as in case of homestead.
Code 1932, § 7735; T.C.A. (orig. ed.), § 26-306.
2023 Tennessee Code › Title 26 - EXECUTION (§§ 26-1-101 — 26-6-211) › Chapter 2 - EXEMPTIONS-GARNISHMENT (§§ 26-2-101 — 26-2-410) › Part 3 - HOMESTEAD EXEMPTIONS (§§ 26-2-301 — 26-2-312) › Section 26-2-306 - Exemption inapplicable in certain cases

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.
2023 Tennessee Code › Title 26 - EXECUTION (§§ 26-1-101 — 26-6-211) › Chapter 2 - EXEMPTIONS-GARNISHMENT (§§ 26-2-101 — 26-2-410) › Part 3 - HOMESTEAD EXEMPTIONS (§§ 26-2-301 — 26-2-312) › Section 26-2-307 - Right of selection

Each individual who is entitled to a homestead exemption shall have the right to elect where the homestead shall be set apart.
Acts 1879, ch. 171, § 1; Shan., § 3800; Code 1932, § 7721; Acts 1979, ch. 61, § 5; T.C.A., § 26-308.
2023 Tennessee Code › Title 26 - EXECUTION (§§ 26-1-101 — 26-6-211) › Chapter 2 - EXEMPTIONS-GARNISHMENT (§§ 26-2-101 — 26-2-410) › Part 3 - HOMESTEAD EXEMPTIONS (§§ 26-2-301 — 26-2-312) › Section 26-2-308 - Procedure to set apart

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.
2023 Tennessee Code › Title 26 - EXECUTION (§§ 26-1-101 — 26-6-211) › Chapter 2 - EXEMPTIONS-GARNISHMENT (§§ 26-2-101 — 26-2-410) › Part 3 - HOMESTEAD EXEMPTIONS (§§ 26-2-301 — 26-2-312) › Section 26-2-309 - Sale and reinvestment of exempt proceeds

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.
2023 Tennessee Code › Title 26 - EXECUTION (§§ 26-1-101 — 26-6-211) › Chapter 2 - EXEMPTIONS-GARNISHMENT (§§ 26-2-101 — 26-2-410) › Part 3 - HOMESTEAD EXEMPTIONS (§§ 26-2-301 — 26-2-312) › Section 26-2-310 - Registration of freeholder's certificate

The officer shall certify upon the certificate of the freeholders that the same is their act and deed, and the debtor shall have the same registered in the register's office of the county in which the lands lie, and, when so registered, it shall vest in the individual entitled to such homestead exemption, as herein 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.
2023 Tennessee Code › Title 26 - EXECUTION (§§ 26-1-101 — 26-6-211) › Chapter 2 - EXEMPTIONS-GARNISHMENT (§§ 26-2-101 — 26-2-410) › Part 3 - HOMESTEAD EXEMPTIONS (§§ 26-2-301 — 26-2-312) › Section 26-2-311 - Setting apart for deserted family

When a debtor absconds or abandons the debtor's family, the homestead shall be set apart for the use of the spouse and family, and shall be exempt in the hands of the spouse or children; and such property, on the death of the owner, shall be exempt in the hands of the surviving spouse and children, as prescribed in §
30-2-105
.
Acts 1870-1871, ch. 71, § 6; Shan., § 3810al; Code 1932, § 7732; T.C.A. (orig. ed.), § 26-312.
2023 Tennessee Code › Title 26 - EXECUTION (§§ 26-1-101 — 26-6-211) › Chapter 2 - EXEMPTIONS-GARNISHMENT (§§ 26-2-101 — 26-2-410) › Part 3 - HOMESTEAD EXEMPTIONS (§§ 26-2-301 — 26-2-312) › Section 26-2-312 - Property purchased with or maintained by fraudulently obtained funds ineligible for homestead exemption

Property shall not be eligible, in whole or in part, for the homestead exemption provided by this part, if the property has been purchased with or maintained by fraudulently obtained funds or if ownership of the property has been maintained using fraudulently obtained funds. A court shall be required to find by a preponderance of the evidence that the property was purchased with or maintained by funds obtained by defrauding another person or that ownership of the property was maintained by funds obtained by defrauding another person in order to disqualify the property from eligibility for the homestead exemption.
Added by 2014 Tenn. Acts, ch. 803,s 2, eff. 7/1/2014.
2023 Tennessee Code › Title 26 - EXECUTION (§§ 26-1-101 — 26-6-211) › Chapter 2 - EXEMPTIONS-GARNISHMENT (§§ 26-2-101 — 26-2-410) › Part 4 - EXECUTIONS AND GARNISHMENTS IN AID OF EXECUTIONS (§§ 26-2-401 — 26-2-410) › Section 26-2-401 - Applicability

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.
2023 Tennessee Code › Title 26 - EXECUTION (§§ 26-1-101 — 26-6-211) › Chapter 2 - EXEMPTIONS-GARNISHMENT (§§ 26-2-101 — 26-2-410) › Part 4 - EXECUTIONS AND GARNISHMENTS IN AID OF EXECUTIONS (§§ 26-2-401 — 26-2-410) › Section 26-2-402 - Statement showing address, amount owed

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.
2023 Tennessee Code › Title 26 - EXECUTION (§§ 26-1-101 — 26-6-211) › Chapter 2 - EXEMPTIONS-GARNISHMENT (§§ 26-2-101 — 26-2-410) › Part 4 - EXECUTIONS AND GARNISHMENTS IN AID OF EXECUTIONS (§§ 26-2-401 — 26-2-410) › Section 26-2-403 - Notice required

(a)
No clerk shall issue an execution or garnishment unless it provides the notice required by §
26-2-404
or by §
26-2-216
. No clerk shall issue a garnishment unless it also contains the notice required by §
26-2-203
.
(b)
No sheriff or other officer shall summon a garnishee unless the garnishment provides the notice required by §
26-2-404
or by §
26-2-216
, and unless it provides the notice required by §
26-2-203
.
Acts 1988, ch. 934, §§ 4, 5.
2023 Tennessee Code › Title 26 - EXECUTION (§§ 26-1-101 — 26-6-211) › Chapter 2 - EXEMPTIONS-GARNISHMENT (§§ 26-2-101 — 26-2-410) › Part 4 - EXECUTIONS AND GARNISHMENTS IN AID OF EXECUTIONS (§§ 26-2-401 — 26-2-410) › Section 26-2-405 - Copy of execution furnished judgment debtor

A sheriff or other officer who levies an execution upon property of a judgment debtor shall immediately thereafter on that same or next working day provide the judgment debtor with a copy of the execution that describes the property levied upon and with a completed copy of the notice set forth in §
26-2-404
by 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.