Application for Writ of Garnishment is a legal document that was released by the U.S. District Court for the Eastern District of Tennessee - a government authority operating within Tennessee.
Q: What is an Application for Writ of Garnishment?
A: An Application for Writ of Garnishment is a legal document used to request the court to order a third party to withhold funds from a debtor's wages or bank account to satisfy a debt.
Q: Who can file an Application for Writ of Garnishment?
A: A creditor who has a judgment or court order for a specific amount of money against a debtor can file an Application for Writ of Garnishment.
Q: How does an Application for Writ of Garnishment work in Tennessee?
A: In Tennessee, the creditor must fill out and file the application with the court, pay the required filing fees, and serve a copy of the application on the debtor and the garnishee. The garnishee is the party who holds the debtor's money or owes the debtor a debt. The garnishee will then be ordered by the court to withhold a portion of the debtor's wages or seize assets in their possession to satisfy the debt.
Q: Are there any limitations on the amount that can be garnished?
A: Yes, Tennessee law limits the amount that can be garnished from a debtor's wages. Generally, the amount that can be garnished is the lesser of 25% of the debtor's disposable earnings or the amount by which the debtor's disposable earnings exceed 30 times the federal minimum wage.
Q: Can an employer retaliate against an employee for the writ of garnishment?
A: No, Tennessee law prohibits employers from retaliating against an employee because of a writ of garnishment. If an employer violates this provision, the employee may be entitled to damages and reinstatement.
Form Details:
Download a printable version of the form by clicking the link below or browse more documents and templates provided by the U.S. District Court for the Eastern District of Tennessee.