Tennessee Garnishment Laws: Wage Limits, Process, and Forms
How Tennessee Wage Garnishment Works
Wage garnishment is the most reliable tool for collecting a Tennessee judgment. Once you have a final General Sessions judgment — meaning the 10-day appeal window has closed without an appeal — you can direct the debtor's employer to withhold a portion of every paycheck until the debt is paid.
Here's the full process, caps, and gotchas.
Filing the Garnishment
After your judgment is final (Day 11 at the earliest), go to the General Sessions Clerk and file an Application for Order of Garnishment. You'll need:
- The judgment amount, case number, and date of entry
- The debtor's employer name and address
- Filing fee: $25 to the clerk
- Sheriff service fee: $50 for in-person service on the employer
The clerk issues an Order of Garnishment, and the sheriff serves it on the employer's registered agent or payroll department.
What the Employer Must Do
Once served, the employer has specific obligations under T.C.A. § 26-2-214:
- Deliver notice to the debtor — the garnishment summons includes statutory exemption information the debtor needs
- File a sworn Garnishee Answer within 8 days — stating whether the debtor works there, their pay rate, pay schedule, and any existing garnishments or dependent claims
- Withhold from each paycheck and remit the withheld amount to the General Sessions Clerk at least monthly
- Continue withholding for up to six months from the date of service, or until the judgment is satisfied — whichever comes first
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The Garnishment Cap Formula
Tennessee follows the federal Consumer Credit Protection Act standard with one state-specific twist. The maximum that can be withheld per pay period is the lesser of:
- 25% of disposable earnings, OR
- The amount by which disposable earnings exceed 30 × federal minimum wage ($7.25 × 30 = $217.50 per week)
"Disposable earnings" means gross pay minus mandatory deductions (federal income tax, Social Security, Medicare, state/local taxes). Voluntary deductions — 401(k) contributions, health insurance premiums, union dues — stay in the calculation and increase the garnishable amount.
Tennessee's dependent child deduction: Under T.C.A. § 26-2-107, the debtor can subtract $2.50 per week for each dependent child under 16 living in Tennessee. On a biweekly schedule that's $5.00 per child; monthly it's $10.83.
Example Calculation
A debtor earns $650/week gross with $110 in mandatory tax deductions and 2 dependent children under 16:
- Disposable earnings: $650 - $110 = $540
- 25% test: $540 × 0.25 = $135
- Federal floor test: $540 - $217.50 = $322.50
- Maximum (lesser of the two): $135
- Minus dependent deduction: 2 × $2.50 = $5.00
- Net weekly garnishment: $130
The 6-Month Renewal Cycle
A wage garnishment creates a continuing lien on the debtor's earnings, but it expires after six calendar months from the date of service (T.C.A. § 26-2-214(b)(1)). If the judgment isn't fully satisfied by then, you file a new application to keep the withholding going. There's no limit on how many times you can renew.
Priority Rules
The first creditor to properly serve a wage garnishment gets full statutory withholding until their judgment is satisfied or the writ expires. Later garnishments from other creditors must wait in line.
Two exceptions always jump ahead: court-ordered child support (which can take 50–65% of disposable earnings) and tax levies. Both hold priority over civil judgment garnishments regardless of when they were served.
When the Debtor Files a Slow-Pay Motion
Under T.C.A. § 26-2-216, the debtor can petition the court for installment payments. If the judge grants it, your garnishment is automatically stayed as long as the debtor keeps paying on schedule. If the debtor defaults, T.C.A. § 26-2-217(b)(1) requires the clerk to note the noncompliance in the case record, and the garnishment stay then becomes null and void without further action. The debtor may ask the court to reinstate the order if the default was due to lack of employment or another justifiable cause beyond the debtor's control.
Getting Started
The Tennessee Judgment Collection guide includes the complete garnishment workflow — from the initial application through employer compliance, the 6-month renewal cycle, and what to do when a debtor claims exemptions or files for installments. It also covers bank levies and execution writs for when wage garnishment alone isn't enough.
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