Tennessee § 26-2-224 - Time for execution when multiple writs exist.

§ 26-2-224. Time for execution when multiple writs exist.

Notwithstanding any other provision of law or rule to the contrary, a writ of garnishment that is filed later in time than another such writ, and which deducts the maximum amount allowable by law from the debtor's wages, shall not run concurrently with the earlier filed writ with regard to the six-month time limit prescribed in § 26-2-214. Such later filed writ of garnishment shall not begin to run until the earlier filed writ's judgment has been satisfied, such earlier filed writ has expired, or such earlier filed writ has been stayed by installment motion as prescribed in § 26-2-216. The time limit prescribed in § 26-2-214 shall not be extended beyond six (6) months from the date of filing if the garnishee has failed to answer or remit funds for such later filed writ. Nothing in this section shall be construed to affect the date of attachment or the status of any underlying statutory or common law lien rights of any later filed writ of garnishment. Acts 2000, ch. 856, § 1. Attorney General Opinions. 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).