Writ Of Continuing Garnishment

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT Plaintiff v. Defendant , Case No.: , WRIT OF CONTINUING GARNISHMENT To: (Name and address of garnishee) An application for a Writ of Garnishment has been filed with this court to satisfy an unpaid judgment in in the amount of $ , plus costs in the amount of $ and interest in the amount of $ (less payments in the amount of $ ), for a , computed through . total amount of $ favor of You are required by law to answer in writing, under oath, whether or not you have in your custody, control, or possession, any property owned by the debtor, including nonexempt, disposable earnings. You must state whether or not you anticipate owing the debtor any future payments and whether such payments are weekly, bi-weekly, or monthly. You are required to withhold and retain any property in which the debtor has a substantial nonexempt interest and for which you are or may become indebted to the judgment debtor pending further order of the court. Within ten (10) days of your receipt of this Writ, the original written answer to this Writ must be filed with the Clerk of the United States District Court. No monies shall be forwarded to the Clerk. You are required by law to serve a copy of your answer upon the debtor at (last known address of judgment debtor): _________________________________ ________________________________________________________________________ and upon the plaintiff/judgment creditor or its attorney at the address shown on the Application for Writ of Continuing Garnishment. If you fail to answer this Writ or fail to withhold property in accordance with this Writ, the court may enter judgment against you for the value of the judgment debtor's nonexempt interest in such property (including nonexempt disposable earnings). Date issued: __________________ DEBRA C. POPLIN, Clerk ________________________________________________ American LegalNet, Inc. www.FormsWorkFlow.com NOTICE -- Although you have a longer time in which to answer the court concerning this garnishment, you must do the following on the same day you receive the garnishment, or on the next working day. Determine if you possess or control money or property of the judgment debtor. If so, within that same time period, you shall furnish a copy of the garnishment summons and Notice to Judgment Debtor by mailing them first class, postage prepaid, to the judgment debtor's last known address as shown by your records, or by actual delivery to the judgment debtor. If the address shown by your records differs from that shown on this execution form, you shall also mail a copy of the garnishment and notice to the latter address. American LegalNet, Inc. www.FormsWorkFlow.com RETURN OF SERVICE Complete if service is not perfected by U.S. Marshall, please complete the following Return of Service. Date: ____________________________ Service of the Writ of Garnishment was made by: Name of Server/Title (Print): ______________________________________________________________ Mark the appropriate section below to indicate the method of service: Q Served personally upon: ____________________________________________________________ Place where served:________________________________________________________________ Q Q Returned unexecuted: ______________________________________________________________ Other: (Specify): __________________________________________________________________ Amount of service fee received is: ____________________________________________________________ I declare under penalty of perjury under the laws of the United States of America that the foregoing information contained in the Return of Service and Statement of Service Fee is true and correct. Executed: _____________________________ (Date) Print name and address: _______________________________________________ (Signature of Server) _______________________________________________ _______________________________________________ American LegalNet, Inc. www.FormsWorkFlow.com NOTICE TO JUDGMENT DEBTOR T.C.A. § 26-2-404(a) To collect a judgment against you in this lawsuit, your money or other property has been seized by execution or garnishment. An execution allows the sheriff to sell the property levied upon. A garnishment requires your bank (or other person holding your money or property) to transfer your property to the court or to hold it to satisfy the judgment. READ THIS CAREFULLY. YOU MAY BE ABLE TO KEEP YOUR MONEY OR PROPERTY OR GET IT BACK. State and federal laws prevent certain types of money or property from being used to pay a judgment. Such money or property is "exempt." Examples of exempt money are: Social security benefits, SSI, unemployment benefits, Veterans' benefits, AFDC, and most government pensions. Examples of exempt property are certain health care aids and "tools of trade." These examples of exempt money and property constitute only a partial list, and you may have other exemptions. If you think you have exempt money or property that has been seized, you have the right to file a motion with the court clerk's office identified below claiming your exemption and asking for the release or return of your money or property. You can get a form for filing this motion at the clerk's office below, or the clerk may have supplied such a form on the back of this notice. YOU SHOULD ACT QUICKLY. If you file a motion within twenty (20) days from the date this notice was mailed to you or was given to you, the court must hear and decide your motion promptly, and in no event later than fourteen (14) days from filing. The clerk will notify you of the time, date, and place of the hearing. IF YOU DO NOT UNDERSTAND YOUR RIGHTS OR HOW TO EXERCISE THEM, YOU MAY WISH TO CONSULT WITH A LAWYER. IF YOU CANNOT AFFORD A LAWYER, YOU MAY BE ELIGIBLE FOR FREE LEGAL ASSISTANCE. The court clerk's office can provide you with forms and with information about legal services in your area, but the clerk cannot give you legal advice. American LegalNet, Inc. www.FormsWorkFlow.com NOTICE OF JUDGMENT DEBTOR (AND NOTICE TO GARNISHEE) NOTICE TO THE DEBTOR (EMPLOYEE): Your earnings have been subjected to a garnishment which has been served upon your employer. The garnishment creates a lien on a portion of your wages until the judgment is satisfied, or for three (3) months, whichever occurs first. You have the following rights: Some of your wages are protected by state and federal law from garnishment. See the notice below to the emp