Tennessee Wage Garnishment: How to Stop It in 2024

Wage garnishment in Tennessee allows creditors to take money directly from your paycheck. Most creditors must sue you first and win a court judgment. After that, the court issues a garnishment order to your employer. Federal and Tennessee laws limit how much can be taken. You get extra protection if you have dependent children.

What Is Wage Garnishment?

Wage garnishment happens when money comes out of your paycheck to pay a debt. Creditors use this method when you haven’t made payments. Most creditors must sue you and get a court judgment first. A few exceptions exist, which we cover below.

Facing a Tennessee Wage Garnishment Lawsuit?

Don't let a default judgment give creditors automatic access to your paycheck. Respond to the lawsuit properly and protect your rights with professional help.

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Once a creditor has a court judgment, they request a wage garnishment order. Your employer receives this order and withholds money from each paycheck. The funds go directly to the creditor. Federal and state laws protect you by limiting garnishment amounts. The garnishment continues until you pay the full debt.

Who Can Garnish Your Wages in Tennessee?

Most Tennessee creditors need a court judgment before garnishing wages. They must sue you and win the case first. Once they have a money judgment, they can request a wage garnishment order.

Some debts skip this process entirely. Federal student loans, unpaid income taxes, and certain government fines allow garnishment without a lawsuit. These exceptions exist under federal and state law.

Different rules apply depending on your debt type. Child support and alimony allow higher garnishment amounts. Credit card debt, medical bills, and personal loans have stricter limits.

We focus on common debts like credit cards, medical bills, and personal loans. Special rules for child support, taxes, and federal student loans aren’t covered in detail.

Tennessee Wage Garnishment Process

Creditors must follow specific steps before garnishing your wages in Tennessee:

The creditor files a lawsuit. The creditor takes you to court for unpaid debt.
You receive court papers. You get served with a copy of the lawsuit. Never ignore these documents. Skipping court means the judge enters a default judgment against you. The creditor wins automatically. You lose your chance to defend yourself.
The court enters a judgment. If the creditor wins, the court says you owe the debt.
The creditor requests a wage garnishment order. With a judgment in hand, they ask for garnishment. They might also request permission to seize bank account funds.
Your employer gets the garnishment order. The court sends the order to your employer. Your employer becomes the “garnishee” in legal terms.
Your employer withholds wages. Tennessee law requires your employer to calculate the garnishment amount. They start withholding money from your paycheck. They send withheld funds to the court at least monthly.
You receive a notice of garnishment. You get documentation explaining your rights. You can object if too much is being taken.
Garnishment continues for six months. Each order lasts six months maximum. The creditor can request another order if the debt remains unpaid.

When facing a debt lawsuit, consider our partner Solo to help you respond properly. You can draft an answer letter and protect your rights.

How Much Can Be Taken From Your Paycheck?

State and federal laws protect your income from excessive garnishment. Tennessee and federal exemptions are nearly identical. Garnishment is limited to the lesser of:

25% of your weekly disposable income (after Social Security and federal tax deductions)
The amount exceeding 30 times the federal minimum wage per week

Tennessee offers additional protection for dependent children. You get an extra $2.50 per week for each child under 16 living in Tennessee.

How To Stop Wage Garnishment in Tennessee

Wage garnishments typically continue until you pay the full debt. Tennessee law gives you alternatives. You can ask the court for a payment plan. Direct payments replace paycheck withholding.

Bankruptcy powerfully stops wage garnishment and eliminates the underlying debt. Filing bankruptcy triggers an automatic stay. The court order immediately stops all debt collection activity. Wage garnishments halt right away.

Chapter 7 bankruptcy wipes out most unsecured debts. Credit card debt, payday loans, medical bills, old rent, and utility bills disappear. If the court discharges your debt, the garnishment ends permanently.

Consider speaking with a bankruptcy attorney if garnishment threatens your financial stability. Bankruptcy might offer the fresh start you need.

Resources for Tennessee Wage Garnishment

You can find legal assistance and information about your rights through these organizations:

Frequently Asked Questions

What is wage garnishment in Tennessee?

Wage garnishment is when a creditor takes money directly from your paycheck to repay a debt. Most creditors must sue you and get a court judgment first. The court then issues a garnishment order to your employer, who withholds funds from each paycheck and sends them to the creditor.

How much can creditors garnish from my paycheck in Tennessee?

Tennessee law limits garnishment to the lesser of 25% of your weekly disposable income or the amount exceeding 30 times the federal minimum wage per week. You get an additional $2.50 per week protection for each dependent child under 16 living in Tennessee.

Can I stop a wage garnishment in Tennessee?

Yes. You can request a payment plan from the court to make direct payments instead of paycheck withholding. Filing bankruptcy immediately stops garnishment through an automatic stay and can eliminate the underlying debt permanently in a successful Chapter 7 case.

How long does wage garnishment last in Tennessee?

Each wage garnishment order lasts up to six months. If the debt isn't paid off by then, the creditor can request another order to continue garnishment. The process repeats until you pay the full debt or take action to stop it.

What happens if I ignore a debt collection lawsuit in Tennessee?

Ignoring a lawsuit means the judge enters a default judgment against you. The creditor wins automatically without you defending yourself. Once they have the judgment, they can immediately request wage garnishment and other collection methods like bank levies.

Tennessee Wage Garnishment: Your Rights and How to Stop It