Execution Garnishment

NOTICE TO JUDGMENT DEBTOR [TCA 26 - 2 - 404(a) ] To collect a judgment against you in this lawsuit, your money or other property has been seized by execution or garnishment. An execution allows the sheriff to sell the property levied upon. A garnishment requi res your bank (or other person holding your money or property) to transfer your property to the court or to hold it to satisfy the judgment. READ THIS CAREFULLY . YOU MAY BE ABLE TO KEEP YOUR MONEY OR PROPERTY OR GET IT BACK. State and federal laws prevent certain types of money or property from being used to pay a judgment. Such money or property is 223exempt .224 Examples of exempt money are: Social Security benefits, SSI, unemployment benefits, Veteran s222 benefits, AFDC, and most government pensions. Examples of exempt property are certain health care aids and 223tools of trade.224 These examples of exempt money and property constitute only a partial list, and you may have other exemptions. If you think you have exempt money or property that has been seized, you have the right to file a motion with the court clerk222s office identified below claiming your exemption and asking for the release or return of your money or property. You can get a form for filing this motion at the clerk222s office below, or the clerk may have supplied such a form on the back of this notice. YOU SHOULD ACT QUICKLY. If you file a motion within twenty (20) days from the date this notice was mailed to you or was given to you, the court must hear and decide your motion promptly, and in no event later than fourteen (14) days from filing. The clerk will notify you of the time, date, and place of the hearing. IF YOU DO NOT UNDERSTAND YOUR RIGHTS OR HOW TO EXERCISE THEM, YOU MAY WISH TO CONSULT WITH A LAWYER . IF YOU CANNOT AFFORD A LAWYER, YOU MAY BE ELIGIBLE FOR FREE LEGAL ASSISTANCE. The court clerk222s office can provide you with forms and with information about legal services in your area, but the clerk cannot give you legal advice. NOTICE TO THE DEBTOR (EMPLOYEE) [TCA 26-2-216(b)(2)]: Your earnings have been subjected to a garnishment which has been served upon your employer. The garnishment creates a lien on a portion of your earnings until the judgment is satisfied, or for six (6) months, whichever occurs first. You have the following rights: Some of your wages are protected by state and federal law from garnishment. See the notices below [OR ON REVERSE] to the employer to find out how much of your wages are protected from garnishment. IF YOUR EMPLOYER IS TAKING TOO MUCH MONEY FROM YOUR WAGES: You may apply to the court at the clerk222s office shown below within twenty (20) days from any improper withholding of your wages for a motion to stop the garnishment. The court clerk identified below shall provide you with a form for ma king such a motion, or may have supplied a form motion on the back of this notice. You may wish to seek the counsel of a lawyer. If you are unable to afford an attorney, you may be eligible for free legal services to assist you. PLEASE NOTE: If you file a motion, the court must hear and decide your motion promptly, and in no event later than fourteen (14) days from filing. The clerk will notify you of the time, date, and the place of hearing. The court clerk222s office can provide you with forms and wit h information about legal services in your area, but the clerk cannot give you legal advice. IF THE RIGHT AMOUNT OF MONEY IS BEING TAKEN FROM YOUR WAGES BUT YOU WANT TO GET THE GARNISHMENT STOPPED THROUGH A PAYMENT PLAN: You may apply to the court for an order suspending further garnishments by the same creditor upon your paying a certain sum of money weekly, biweekly, or monthly, to pay the judgment. If you file this motion, the garnishment of your wages will stop for as long as you make the payments or dered by the court. The court clerk shall provide you with the necessary forms to make this application, or you may seek the counsel of an attorney. If you are unable to afford an attorney, you may be eligible for free legal services to assist you. NAME : , Clerk T O ALL FINANCIAL INSTITUTIONS: , Court THESE FUNDS ARE ATTACHED AND SHALL BE PAID INTO COURT WITHOUT FURTHER ORDER. ADDRESS: TELEPHONE: OFFICER222S RETURN ( other than wage garnishment); executed as follows: [OR] executed by LEVYING on the following described property: On this day of , 20. Deputy Sheriff/Constable OFFICER222S RETURN (on wage garnishment) [TCA 26-2-216(b)(1)(A)] I acknowledge receipt of 3 copies of the garnishment summons on the abovementioned employee on day of , 20. Employer or Employer222s Agent Executed by serving On this day of , 20. Deputy Sheriff/Constable AFFIDAVIT FOR EXECUTION Having first been duly sworn according to law, I hereby make oath that the following information is true to the best of my knowledge and belief: Judgment Creditor222s Address for mailing notices required by TCA 26 -2-402: Telephone No.: Judgment Debtor222s Name and Last Known Address: Telephone No.: Balance on Judgment including original Cost $ By: Judgment Creditor/Agent Sworn to and subscribed before me on day of , 20 Deputy Clerk/Notary Public My Commission Expires: Application for Execution The Judgment Creditor hereby makes application to the Clerk of the Court to have an Execution in the above styled case to satisfy a judgment against the Judgment Debtor(s) herein: Date of Judgment Judgment Balance $ Pre - Paid Cost $ Interest $ Clerk222s Fees $ Officer222s Fee $ Total $ Judgment Creditor/Agent Issued this day of , 20 By Case/Docket No . EXECUTION COUNTY COURT Garnishment Levy on Financial Institution/Bank Plaintiff VS. Defendant Judgment Debtor222s SSN/EIN: To: Financial Institution/Bank Account No: Address: Levy On: AFFIDAVIT FOR OFFICER WAGE GARNISHMENT To : Employer (if wage garnishment) or other garnishee Address : I, , Deputy Sheriff/Constable after being sworn, make oath that: A garnishment summons was served on employer garnishee, on day of , 20, and that the employer garnishee refused to sign a receipt acknowledging service of said summons. [TCA 26-2-216(b)(1)(B)] RE: COPY FURNISHED JUDGMENT DEBTOR A copy of the execution by levy was mailed to the judgment debtor at the address provided pursuant to TCA 26-2-402 or was provided by actual hand delivery. [TCA 26-2-405] Please Print: Deputy Sheriff/Constable Signature Agency Address My Commission Exp: Notary My Commission Exp Rev. 11/08 American LegalNet, Inc. www.FormsWorkFlow.com Rev. 04/18 EXECUTION: GARNISHMENT or LEVY STATE OF TENNESSEE COUNTY COURT WRIT OF EXECUTION TO ANY LAWFUL OFFICER OF COUNTY You are commanded to ta ke and levy the judgment debtor222s property , the balance of the below judgment, plus costs and interest thereon and hereby satisfy a judgment by this court, in favor of the judgment creditor. Have you said monies, together with this writ, ready to render t his court 30 days from the date hereof, or within. GARNISHMENT To Employer or Other Garnishee: By virtue of the above command (or an attachment in my hands), any funds or property in your hands owing to judgment debtor are hereby sequestered. You are summoned to answer in writing within 10 days of service of this garnishment: [TCA 26-2-203(a), TCA 26-2-204, TRCP 69.] (1) Whether you are, or were, at the time of the service of this garnishment indebted to the judgment debtor; if so, how and in what amount; (2) Whether you had in your possession, or under your control, any property, debts, or effects belonging to the judgment debtor at the time of service of this notice, or at the time of answering, or at any time between the date of service and the time of answering; if so, the kind and amount. (3) Whether there are, to your knowledge and belief, any and what property, debts, and effects in the possession or under the control of any other, and what, person; (4) Such other questions appearing on or attached to the original execution put to you by the court or the judgment creditor as may tend to elicit the information sought. YOU ARE FURTHER NOTIFIED AND REQUIRED to pay no debt due by you, or to become due, to said judgment debtor, and to retain possession of all property of the judg