FAQ: Garnishments in Tennessee

23 May 2011 Categories: All Blogs, Collections

We receive a number of calls every week from people who are about to have their paycheck garnished and wondering if there is anything they can do. Garnishments are issued as a way to collect a judgment against you. They can be issued to take up to 25% of your take home pay each paycheck. Garnishments can also be issued in cases of breach of contract, such as student loans backed by the Federal Government. In those cases, the loan agreement signed before accepting the loan authorizes garnishments without a court judgment.

What to do when you receive a garnishment. If the garnishment is for a judgment against you and the deduction from your paycheck will cause hardships to you and your family, a slow-pay motion can be filed with the court. This motion is accompanied by an affidavit that states your income and expenses, and you will need to explain to the Court why the garnishment will cause a hardship. The Court will then issue a payment plan, which you will have to pay a certain amount each month to the creditor. If you do not make these payments though, the creditor can then ask for another garnishment. You will typically not be able to file a motion for slow-pay a second time, so it is important to make the Court ordered payments timely and stay in communication with the creditor.

If you have questions or concerns about a garnishment, you should contact a licensed Tennessee lawyer. Each case is unique and you should seek specific advice for your case. It is also important to know your rights under the Fair Debt Collections Practices Act (FDCPA).

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