How to Stop Wage Garnishment in Tennessee

Stopping wage garnishment is more likely if you begin negotiating with the creditor before a judgment is in place and garnishment is pending or currently active. When a wage garnishment is active and the creditor is receiving payment toward the unpaid debt, she is unlikely to accept anything less than what she is getting via the wage garnishment. Tennessee allows a creditor to garnish up to 25 percent of wages, and wages can be garnished up to 10 years after a judgment was issued. However, filing for bankruptcy can halt wage garnishment.

Instructions

1

Call a Tennessee bankruptcy attorney. If possible, select an attorney who practices in the county you live in. Choosing an attorney in your county will provide you with an attorney who is familiar with not only the Tennessee bankruptcy laws but one who is familiar with the local court staff and judges. Schedule a consultation. Make sure the attorney offers a free consultation. This consultation will be used to discuss your garnishment situation and determine if filing for bankruptcy may be an option for you.

2

Take your financial documents to an appointment with the attorney. Be prepared to tell him how much money you earn per month and how much you spend per month. Break your expenses into categories such as utilities, automobile, food, entertainment, clothing and other categories that pertain to your situation.

3

Listen to the information the attorney provides. He will explain the options for bankruptcy and the pros and cons. He will explain the laws Tennessee has for bankruptcy, including the bankruptcy exemptions allowed. If you feel bankruptcy is the best route for you, follow the attorney's advice to get him all the information he needs to have a bankruptcy petition filled out.

4

Review the completed bankruptcy petition with the attorney. When you are satisfied that all the information is correct, sign the petition and have your attorney file it with the Tennessee bankruptcy court. The attorney will then contact the creditor to inform him a petition for bankruptcy has been filed. The creditor must cease all garnishment efforts.