Tennessee Slow Pay Motion: Installment Payments After a Judgment

What a Slow Pay Motion Does

Under T.C.A. § 26-2-216, a judgment debtor in Tennessee can petition the General Sessions Court for permission to pay the judgment in structured installments instead of facing garnishment and execution. If the judge grants the motion, all active wage garnishments and executions are automatically stayed as long as the debtor stays current on the ordered payments.

This is often the first move a debtor makes after a judgment is entered. Here's what creditors need to know.

How the Process Works

1. The debtor files a Motion for Installment Payments with the General Sessions Clerk (filing fee typically around $25)
2. The motion includes a sworn financial affidavit detailing the debtor's income, living expenses, existing obligations, and a proposed payment schedule
3. The court sets a hearing where the judge evaluates the debtor's financial capacity
4. If granted, the judge enters an Installment Order specifying the amount and frequency — for example, $50 per month or $25 per week

The order replaces forced collection with voluntary payments. Post-judgment interest continues to accrue on the unpaid balance during the installment period.

How It Affects Your Garnishment

The stay is immediate and automatic. If you have a wage garnishment in place, the employer must stop withholding as soon as the installment order is entered. If you were about to file a bank levy, you can't proceed while the order is active.

The stay only holds while the debtor complies with the order. If the debtor fails to make a payment as ordered, the clerk's record of noncompliance ends the stay.

When the Debtor Stops Paying

If the debtor defaults on the installment order, T.C.A. § 26-2-217(b)(1) requires the clerk to note the noncompliance in the case record; the stay of execution by garnishment then becomes null and void without further action. A debtor may ask the court to reinstate the order. Under § 26-2-217(b)(2), the judge may reinstate the stay after an affidavit and hearing if the default was due to lack of employment or another justifiable cause beyond the debtor's control. Once the stay ends, collection can resume subject to the requirements for each enforcement writ.

The key is to monitor payments closely. If you wait months to notice a default, that's months of interest accruing without any money coming in.

Should You Oppose the Motion?

You have the right to attend the hearing and argue against an installment order or push for higher payments. Arguments that carry weight:

• The debtor's proposed payments are so low that interest outpaces principal reduction, meaning the judgment will never be satisfied
• The debtor's financial affidavit understates income or inflates expenses
• The debtor has assets (real property, vehicles) that could satisfy the judgment faster through liens or execution

Judges balance the creditor's right to collect against the debtor's ability to maintain basic living expenses. A debtor earning minimum wage with children will likely get a slow-pay order. A debtor earning $80,000 with no dependents probably won't — or the ordered payments will be substantial enough that the judgment is satisfied in a reasonable timeframe.

The Creditor's Advantage

A slow-pay motion isn't necessarily bad news. Voluntary installment payments are cheaper to collect than garnishments — no filing fees, no sheriff service charges, no six-month renewal cycle. If the debtor proposes payments that will satisfy the judgment within a reasonable period, accepting the arrangement can save you enforcement costs.

The risk is that payments stop. Build a tickler system and follow up promptly after a missed payment rather than waiting for the debtor to catch up.

For the full installment payment framework — including how to respond to the debtor's financial affidavit and track compliance with an installment order — see the Tennessee Judgment Collection guide.

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