Title 26, Execution

(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 su…

(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 exc…

(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…

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 chi…

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.

(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,…

(1) 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 secur…

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 …

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 deadl…

(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, to…

(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 …

(1) 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 unde…

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 servi…

(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 le…

(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…

The answer of the garnishee is not conclusive.

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, mon…

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 sa…

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 shal…

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 th…

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 …

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.

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 origi…

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 a…

(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 u…

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.

(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 con…

(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 gar…

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, …

(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 o…

The provisions of Tennessee Code Annotated in regard to garnishment on attachments also regulate proceedings under this part whenever applicable.

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, …

(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…

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.

(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 …

(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 sha…

(a) (1) 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 suc…

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 prescr…

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) ye…

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 t…

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.

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 crimi…

Each individual who is entitled to a homestead exemption shall have the right to elect where the homestead shall be set apart.

(1) 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 fre…

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 t…

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…