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Current as of January 02, 2024 | Updated by Findlaw Staff
(a) The officer may summon, in writing, any person as garnishee, to appear at the court from which the execution is issued, or before any other court to whom the execution is returnable, as the case may be and answer the garnishment, at a time set by the clerk of the court not less than ten (10) business days after date of service, except that such ten-day requirement shall not apply when the execution was issued from a court and either the officer or the clerk of the court shall set the time when such garnishee shall appear.
(b) Notwithstanding another law or rule to the contrary, a garnishee must, within two (2) business days after the day the garnishee receives a garnishment, determine if the garnishee possesses or controls money or property of the judgment debtor, and furnish a copy of the garnishment summons and notice to judgment debtor as provided in subsection (c), but in no event shall a garnishee furnish the required information to the debtor prior to placing a hold on all available funds in the garnishee's possession or control.
(c) The summons to the garnishee must notify the garnishee as follows:
NOTICE--Although you have a longer time in which to answer the court concerning this garnishment, you must, within two (2) business days after the day you receive the garnishment, determine if you possess or control money or property of the judgment debtor and place a hold on any available funds. Within that same time period of two (2) business days, you must 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, but in no event shall you furnish the copy of the garnishment and Notice to Judgment Debtor prior to placing a hold on all available funds in your possession or control. If the address shown by your records differs from that shown on this execution form, you must also mail a copy of the garnishment and notice to the latter address.
(d) As used in this section, unless the context otherwise requires, “business day” means any day other than a Saturday, Sunday, legal holiday, or a day when the clerk's office is closed.
(e) If the service of the summons is made upon an employee of the garnishee rather than the garnishee, and such employee is also the judgment debtor, such summons is voidable by the court by reason of improper service. If the court so voids the summons for this reason, it shall not be effective as to the garnishee.
Cite this article: FindLaw.com - Tennessee Code Title 26. Execution § 26-2-203 - last updated January 02, 2024 | https://codes.findlaw.com/tn/title-26-execution/tn-code-sect-26-2-203/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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