There are three effective methods in Tennessee that may be used to stop wage garnishment but consulting with a wage garnishment attorney is the best way to insure full access to all rights and regulations that might be available to the debtor.
Appeal the Garnishment Writ by Claiming Exemptions
The federal restrictions regulating wage garnishment are applied in Tennessee. If your wage garnishment writ demands more than the federally specified amounts then it may be unlawfully withholding wages and should be immediately appealed based on federal statutory exemptions. The garnishment writ may not demand more than twenty five percent of the wage-earner’s weekly disposable earnings, or alternatively, the amount of weekly disposable earnings that exceed thirty times the federal minimum hourly wage, whichever amount is less. The limitations do not apply in cases of wage garnishment to access funds for child support, spousal support, tax debt, or in Chapter thirteen bankruptcies. State efforts to collect delinquent child or spousal support by wage garnishment are limited in Tennessee in two ways (1) for those providing custodial support, fifty percent of the wage-earner’s disposable income and (2) for those not providing custodial support, sixty percent of the wage-earner’s disposable income.
File for Bankruptcy in State or Federal Court
Filing a personal bankruptcy under Chapter 7 or Chapter 13 may stop wage garnishment depending on the type of debt that gave rise to the garnishment writ. Some types of debt such as garnishments for such funds providing child support or spousal support may not be discharged even by bankruptcy. Federal bankruptcy law protects only seventy five percent of wages from garnishment but in Tennessee federal wage garnishment law may provide for greater wage protections and exemptions without the need to file bankruptcy.
Negotiate a Debt Pay Off
Arranging a full pay down of the debt invoking the wage garnishment by arranging an agreement with the creditor can be an effective way to stop wage garnishment. A lawyer may be able to mediate an agreement between the debtor and creditor to facilitate a stop wage garnishment resolution allowing the debtor to pay down the debt in timed installments or at a greatly reduced total amount.