TN Wage Garnishment Laws: What to Know
If you’re facing wage garnishment, you’re often at the mercy of your state’s laws. TN wage garnishment has its own regulations. So how do those laws fare against other states? And what can you do if your wages are being garnished?
Understanding Federal Wage Garnishment Laws
Federal law sets a standard for state wage garnishment laws. It allows creditors to garnish up to 25% of your disposable earnings.
This means no state can allow creditors to take more than 25% or 30 times the federal minimum wage (whichever one is greater) to cover your basic consumer debts. The regulation doesn’t include taxes and child support, which fall under different laws.
The system to get a wage garnishment differs by state, but once approved, your employer has to comply. That means employers must automatically take the garnishment out of your paycheck every cycle.
How TN Wage Garnishment Laws Work
Some states like California have set more limits than the federal government, while others allows creditors to do pretty much whatever they want up to the federal maximum.
In general, Tennessee falls somewhere in the middle. The state mostly abides by the federal wage garnishment laws (up to 25% of your paycheck), with one addition to protect debtors: to get a garnishment in TN, creditors have to file a lawsuit.
This protects debtors in a few ways:
- the creditors have to prove the debt in court
- they have to notify the debtor
- the employer has to receive a court order to garnish your wages
These protections won’t stop a lawful wage garnishment from happening, but they do help to protect you from an unlawful garnishment.
What to Do If You’re Facing TN Wage Garnishment
If you’re at risk of a TN wage garnishment taking your paycheck, you need to speak with an attorney.
Most people simply can’t afford to lose a quarter of their earnings every month. But there’s good news: while courts can approve a wage garnishment, they can also cancel it.
When you file for bankruptcy, the court puts an automatic stay on any garnishment, which means it immediately stops. Just like employers have to comply with the wage garnishment order to begin with, they also have to comply with the stay.
Bankruptcy is the most instant and effective tool to stop wage garnishment, and we can help make sure it goes smoothly for you.
Our firm has helped thousands of people stop wage garnishment and get out of debt. We’ve won multiple awards for client satisfaction, and we don’t charge anything for the initial consultation.
Don’t wait to lose more money before you do something about it. Call us today at 901-327-2100 or fill out the form below.