Wage garnishment in Tennessee

Most a card or medical judgment can take

25% of take-home pay or the part above $217.50 a week if lesssource

Extra pay kept per child

$2.50 a week for each dependent child under 16source

Fastest way to pause it

A motion to pay by installments stops the garnishment until the hearingsource

Bank money you can protect

Up to $10,000 in personal property, bank deposits includedsource

How much can be garnished from a paycheck in Tennessee?

Tennessee Code 26-2-106 limits a creditor to the smaller of 25% of your disposable earnings (what is left after taxes and other required withholding) or the amount above 30 times the federal minimum wage. Tennessee has no minimum wage of its own, according to the U.S. Department of Labor state table, so the floor stays at $217.50 a week.

A few numbers:

• $600 of weekly take-home pay: up to $150 can be taken.
• $260 a week: only $42.50.
• $217.50 or less: nothing.

One detail works against you. The same statute makes the debtor pay the court costs of each garnishment, so the balance can grow while the order runs.

Tell your employer about children under 16

Tennessee adds a child allowance to the federal floor. Under Tennessee Code 26-2-107, you keep another $2.50 a week for each dependent child under 16 who lives in Tennessee.

The catch is that it is your job to tell your employer about each child. If you never report them, the extra amount does not apply. Three children add $7.50 a week or $390 over a year. That is not large, but it costs nothing to claim. Give payroll the names and ages in writing and keep a copy.

How to stop wage garnishment in Tennessee: the slow pay motion

Tennessee lets you ask the judge to turn the judgment into monthly payments you can afford. The Legal Aid of East Tennessee garnishment booklet calls it a slow pay motion, filed as a Motion to Commute Judgment to Installment Payments under Tennessee Code 26-2-216.

1. Get the form from the clerk of the court where the judgment was entered.
2. List your employer, your wages, how often you are paid, the docket number, the judgment amount and what you can pay.
3. The clerk sets a hearing date and the creditor gets a copy and notice.
4. Once the motion is filed, the garnishment stops until the hearing.

The judge looks at your income, expenses, family size and debt. Bring a written budget. Offer only what you can keep paying, because a missed payment can bring the garnishment back. Call and a garnishment specialist goes through your judgment and a realistic payment figure with you.

Protect your bank account with a list of exemptions

A judgment creditor can also go after money in the bank. Tennessee Code 26-2-103 lets a Tennessee resident shield up to $10,000 in personal property and you choose what goes in that total, including money on deposit at a bank.

To use it, file a sworn Notice of Exemptions with the court clerk and mail a copy to the creditor. The legal aid booklet says filing is free and can be done any time, but filing within 10 days of the judgment best guarantees protection. If your list is on file before the creditor acts, it cannot take the items listed. Update the list when you get new property. Social Security, VA benefits and welfare checks do not need to be listed.