If you owe money to a creditor in Tennessee, they can garnish your wages until you fully repay your debt. Wage garnishment can be the result of any form of debt, but, under Tennessee law, a court order is usually necessary.
For some types of debt, such as child support, creditors can take a higher percentage of your wages. However, there are legal limits to how much of your earnings can be garnished.
Aside from paying your debt, a law firm with experience in Tennessee wage garnishment cases—like ours— is your next best option. One way to protect your wages from a creditor is to file for bankruptcy. Filing for bankruptcy allows you to pay your debt in smaller payments to forgo creditor garnishment.
Our skilled attorneys can help you:
Understand state and federal law
Understand your wage garnishment order
Rework your installment payments
Find a debt relief agency if needed
Don’t let your creditor garnish your wages and leave you unable to pay other bills. Give The Pope Firm a call today. We’ve helped countless clients restore their wages and stop the garnishment process for good.
How Long Can Garnishment Last in Tennessee?
Tennessee law ensures that you have enough income to pay your living expenses after wage garnishment. Your creditor can only garnish your wages 25% of your disposable earnings for the week or any excess income over 30 times the federal minimum wage ($7.25 per hour). The lower of the two amounts must be used.
For each dependent child, you can protect an additional $2.50 from wage garnishment after you provide your employer with the necessary information.
As an example, if you take home $600 after taxes and any mandatory contributions, and you have one dependent child, 25% of your disposable earnings would be $150. The amount that your disposable earnings exceed 30 times the federal minimum wage is $382.50. A creditor in Tennessee could only garnish your wage $147.50 a week, as that is the lesser amount minus the child credit.
Note that these limits do not apply to child support wage garnishment. Garnishment orders for child support can’t exceed 50% of your disposable earnings.
Can You Set Up a Payment Plan After Garnishment Has Started?
If a creditor files a judgment for wage garnishment against you, you can try to make a case for a repayment plan instead. When you make this request to the court, you provide the details of your wages and other income to the court and the creditor. Then, they can accept or deny your proposal.
Since they can refuse your installment plan, make sure your proposal is a reasonable one. Our qualified legal team can help you draft a repayment plan request that will be approved. However, if you miss a payment, you will be right back where you started.
Can My Wage Be Garnished Without a Court Order?
Most creditors can’t garnish your wages until they obtain a court order. If you have an unpaid hospital bill or credit card debt, those lenders must serve you before wage garnishment can take place.
However, there are exceptions to this rule, including:
Unpaid income taxes
Child support arrears
Court-ordered child support
Defaulted student loans
In the above circumstances, your wage can be garnished without a court order. Our skilled attorneys can help you through the garnishment process. Get in touch with our team to get started.
The information shared here should not be taken as legal advice and does not constitute an attorney-client relationship.