Tennessee § 26-2-106 - Maximum amount of disposable earnings subject to garnishment — Garnishment costs.

§ 26-2-106. Maximum amount of disposable earnings subject to garnishment — Garnishment costs.

The maximum part of the aggregate disposable earnings of an individual for any workweek which is subjected to garnishment may not exceed: Twenty-five percent (25%) of the disposable earnings for that week; or The amount by which the disposable earnings for that week exceed thirty (30) times the federal minimum hourly wage at the time the earnings for any pay period become due and payable, whichever is less. In the case of earnings for any pay period other than a week, an equivalent amount shall be in effect. The debtor shall pay the costs of any and all garnishments on each debt on which suit is brought. Acts 1978, ch. 915, § 9; modified; T.C.A., § 26-208; Acts 2003, ch. 53, § 1. Cross-References. Exemptions for dependent children, § 26-2-107 . Installment payments to obtain stay of garnishment, service of garnishment summons, § 26-2-216 . Textbooks. Tennessee Jurisprudence, 4 Tenn. Juris., Bankruptcy § 31; 13 Tenn. Juris., Exemptions From Execution and Attachment, § 12. Law Reviews. A Review of Tennessee Exemptions in Light of the Bankruptcy Code (Jennie D. Latta), 28 No. 5 Tenn. B.J. 32 (1992). Enforcing Money Judgments in Tennessee (Lonnie C. Rich), 4 Mem. St. U.L. Rev. 65. Attorney General Opinions. Deducting from employee's wages employer's fee for processing child support wage assignment, OAG 84-004, 1984 Tenn. AG LEXIS 345 (1/4/84). Applicability to withholding payments to debtors of state, OAG 84-164, 1984 Tenn. AG LEXIS 185 (5/15/84). Multiple garnishments from a single execution; costs to be charged by clerk on garnishments after an original garnishment, OAG 92-10, 1992 Tenn. AG LEXIS 10 (2/19/92). Even if an existing writ of garnishment is deducting the maximum amount, a later-filed writ would run concurrently with the first writ as long as the second writ seeks to deduct an amount that is less than the maximum allowable amount. Accordingly, the second writ would run concurrently with the first writ, but the second writ would generate no payments to the judgment creditor as long as the first writ remains in effect because the first writ is deducting the maximum amount allowable. Similarly, if an existing writ of garnishment is deducting less than the maximum amount allowable, a later-filed writ would run concurrently with the existing writ as long as the second writ seeks to deduct an amount that is less than the maximum allowable amount. The second writ could generate only up to the difference between the maximum allowable amount and the first writ. For instance, if Tenn. Code Ann. § 26-2-106(a) establishes the maximum allowable amount that may be garnished from a particular judgment debtor’s disposable earnings at 25% and the first writ is garnishing 15% of the debtor’s disposable earnings, the second writ could garnish only 10%. Once the first writ of garnishment is satisfied or expires, though, the second writ adjusts upward, as long as the amount being garnished does not exceed 25%. Adjusting the second writ of garnishment upward does not alter when the six-month time period prescribed in T.C.A. § 26-2-214 begins. The lien created by the second writ would begin at the time of its service. OAG 19-10, 2019 Tenn. AG LEXIS 12 (7/3/2019).