Can My Wages Be Garnished in Tennessee for Being Behind on a Debt?
Wage garnishment is one of many tools creditors can use against delinquent debtors. However, not all states permit wage garnishment. Tennessee does allow creditors with valid claims to pursue wage garnishment. However, the process before a garnishment can go into effect can be lengthy. In Tennessee, specific laws also apply to the amount that a creditor can garnish.
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Steps Leading to Garnishment
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Garnishment is the culmination of a legal collection process that can be lengthy. Typically, you won't be on the path to garnishment unless you are seriously delinquent on your debt. At that point, your creditor might file a lawsuit in an effort to collect on your debt, a process that may take months. At the conclusion of the lawsuit, if you owe a valid debt and continue to refuse payment, the court may issue a judgment in favor of your creditor. A judgment gives your creditor the right to pursue wage garnishment in Tennessee.
Process of Garnishment
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In Tennessee, once your creditor obtains a judgment from the court, it must contact the sheriff's department to issue your employer a writ of garnishment. The writ of garnishment explains to your employer that a portion of the earnings normally paid to you must instead be paid directly to the court. If your employer does not comply with the garnishment order, an additional judgment may be entered against your employer.
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Amount of Garnishment
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Wage garnishment is governed by both federal and state laws. According to federal law, no creditor can have more than 25 percent of your disposable wages garnished in any state. In addition, creditors cannot garnish your wages if your weekly disposable income does not exceed 30 times the hourly minimum wage. For example, as of 2009, the minimum wage was $7.25 per hour, so the first $217.50 of your weekly wages is always protected, even if you are subject to garnishment. Each state can establish garnishment laws that are more protective of debtors than the federal standard. For example, in Texas a creditor generally cannot garnish wages at all. Tennessee follows the federal standard, allowing up to a 25 percent garnishment.
Bankruptcy and Garnishment
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If you can't afford to pay your garnishment, bankruptcy may be an option. A bankruptcy discharge will end most civil judgments against you, including those that result in wage garnishment. You may even be able to retrieve some of the wages garnished from you before you filed. However, filing bankruptcy has other serious negative repercussions.
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