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Tennessee Statutes, Title 29

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Tennessee/Statutes

← All Tennessee coverage

Title 29, Remedies and Special Proceedings

43 chapters · 813 sections in this title.

All chapters in Title 29813 Ch 5, Arbitration71 Ch 6, Attachment and Replevy65 Ch 34, Torts64 Ch 27, Partition55 Ch 17, Eminent Domain by Public Agencies53 Ch 20, Governmental Tort Liability40 Ch 13, Criminal Injuries Compensation39 Ch 18, Forcible Entry and Detainer36 Ch 21, Habeas Corpus30 Ch 40, Uniform Commercial Real Estate Recei…28 Ch 16, Eminent Domain27 Ch 30, Recovery of Personal Property27 Ch 26, Health Care Liability22 Ch 35, Usurpation or Forfeiture of Office o…21

19 sections·Filtered byTitle 29✕Ch 7✕

Tenn. Code Ann. § 29-7-101 Assets subject to garnishment
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Where property, choses in action, or effects of the debtor are in the hands of third persons, or third persons are indebted to such debtor, the attachment may be by garnishment.
Tenn. Code Ann. § 29-7-102 Wages earned and payable outside state
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Wages earned out of this state and payable out of this state shall be exempt from attachment or garnishment in all cases, where the cause of action arose out of this state, and it shall be the duty of garnishees in such cases to plead such exemption unless the defendant is actual…
Tenn. Code Ann. § 29-7-103 Method of effecting — Answer
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(a) Attachment by garnishment is effected by informing the debtor of the defendant, or person holding the property of the defendant, that the property in the defendant's hands, or the hands of the person holding the property of the defendant, is attached, and by leaving with the …
Tenn. Code Ann. § 29-7-104 Notice to retain possession
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The notice should also require the defendant not to pay any debt due by the defendant, or thereafter to become due, and to retain possession of all property of the defendant, then or thereafter in defendant's custody or under defendant's control, to answer the garnishment.

Tenn. Code Ann. § 29-7-105 Liability on instrument

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The garnishee shall not be made liable upon a debt due by negotiable or assignable paper, unless such paper is delivered, or the garnishee completely exonerated or indemnified from all liability thereon, after the garnishee may have satisfied the judgment or decree.

Tenn. Code Ann. § 29-7-106 Return of notice

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A copy of the notice served upon the garnishee should be returned by the officer, with the attachment and levy, duly executed.

Tenn. Code Ann. § 29-7-107 Examination of garnishee

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The garnishee shall be examined as prescribed in § 26-2-204.

Tenn. Code Ann. § 29-7-108 Compensation of garnishee

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The garnishee is allowed the compensation and privileges of a witness, for the garnishee's attendance and answer, and all costs to be paid by the plaintiff.

Tenn. Code Ann. § 29-7-109 Motion to garnish other debtors

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If, upon the examination of any garnishee, it appears that there is any of the defendant's estate in the hands or under the control of any person not summoned, the court shall, upon the motion of the plaintiff, grant attachment, to be levied on the estate in the hands or under th…

Tenn. Code Ann. § 29-7-110 Exoneration by payment or delivery

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(a) A garnishee, at any time after answer, may be exonerated from further responsibility by paying over and delivering to the officer or court, before or after the return of the attachment, the money and property of the defendant, or so much thereof as may be equal to the propert…

Tenn. Code Ann. § 29-7-111 Death of garnishee

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If the garnishee dies after having been summoned in garnishment, and pending the litigation, the proceedings may be revived by or against the deceased garnishee's representatives.

Tenn. Code Ann. § 29-7-112 Judgment against garnishee

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If it appears that the garnishee is indebted to the defendant, or has property and effects of the defendant subject to the attachment, the court may, in case recovery is had by the plaintiff against the defendant, give judgment against the garnishee for the amount of the recovery…

Tenn. Code Ann. § 29-7-113 Execution on maturity of debt

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If the debt of the garnishee to the defendant is not due, execution will be suspended until its maturity.

Tenn. Code Ann. § 29-7-114 Default by garnishee — Conditional judgment

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If, when duly summoned, the garnishee fail to appear and answer the garnishment, the garnishee shall be presumed to be indebted to the defendant to the full amount of the plaintiff's demand, and a conditional judgment shall be entered up against the garnishee accordingly.

Tenn. Code Ann. § 29-7-115 Notice of conditional judgment

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Upon this conditional judgment, a scire facias shall issue to the garnishee, returnable to the next term of the court, or to a day and place fixed before a general sessions judge, to show cause why final judgment should not be entered against the garnishee.

Tenn. Code Ann. § 29-7-116 Final judgment

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Upon the return of this scire facias duly served, or two (2) returns of “not to be found in my county,” the conditional judgment shall be made final, and execution issued accordingly.

Tenn. Code Ann. § 29-7-117 Conclusiveness of judgment

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The judgment in the garnishment suit, condemning the property or debt in the hands of the garnishee to the satisfaction of the plaintiff's demand, is conclusive as between the garnishee and defendant.

Tenn. Code Ann. § 29-7-118 Stay of general sessions judge's judgment

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The garnishee against whom a judgment for money is rendered by a judge of the court of general sessions, is entitled to the stay of execution allowed by law on general sessions judge judgments.

Tenn. Code Ann. § 29-7-119 Appeal

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An appeal lies in all garnishment cases, at the instance of the plaintiff, the defendant, or the garnishee.