26-2-214 - Garnishment of compensation due from employer. - Tennessee Statutes

26-2-214. Garnishment of compensation due from employer.

(a)  Upon the garnishment of salaries, wages or other compensation due from the employer garnishee, the garnishee shall:

     (1)  Pay the judgment debtor the amount of such debtor's exempt salaries, wages or other compensation;

     (2)  Submit as a part of the judgment debtor's answer to the garnishment a statement of the judgment debtor's dependent children under sixteen (16) years of age who are residents of this state; and

     (3)  Furnish the judgment debtor with a copy of the garnishment summons containing the notice of the judgment debtor's right to the exemptions from wage garnishment specified in federal law and in §§ 26-2-106 and 26-2-107, of the right to apply to the court for an order staying further garnishment proceedings and allowing the judgment debtor to pay the judgment in installments and of procedures the judgment debtor can follow to contest the garnishment.

(b)  (1)  To the extent of the amount due upon the judgment and costs, the employer garnishee shall hold, subject to the order of the court, any non-exempt wages due or which subsequently become due. The judgment or balance due thereon is a lien on salaries, wages, or other compensation due at the time of the service of the execution. Such lien shall continue as to subsequent earnings until the total amount due upon the judgment and costs is paid or satisfied, or until the expiration of the employer's payroll period immediately prior to six (6) calendar months after service of the execution, whichever occurs first. Such lien on subsequent earnings shall terminate sooner if the employment relationship is terminated or if the underlying judgment is vacated or modified.

     (2)  A lien obtained hereunder shall have priority over any subsequent liens obtained hereunder.

[Acts 1978, ch. 915, § 33; T.C.A., § 26-243; Acts 1988, ch. 934, § 14; 1993, ch. 258, §§ 1, 2; 1994, ch. 827, § 1.]