Legal Question in Credit and Debt Law in Tennessee

I was granted a judgement for a defaulted loan and a subsequent garnishment order. The company that the defendant works for says he has higher priority deductions and that i cannot receive any money from his paycheck. Can i legally garnish his bank account since I do have a judgement against him? How would I go about doing that?


Asked on 1/14/11, 7:51 am

1 Answer from Attorneys

Howard R. Peppel Peppel, Gomes & MacIntosh, P.C.

Yes, an execution against the judgment debtor's bank account(s) can be issued from the court that awarded you the judgment. All you will need is the name and address of the bank if it is located in the county where the judgment was given and the filing/service fees to have the execution, called a levy, issued by the court. If possible, you should also try to have the debtor's Social Security number as many banks require this particular information to ensure that they are executing upon the proper party. The execution would then be requested and processed/issued by the court in the same manner as the garnishment you had previously issued. You would basically complete the same documents you prepared when you had the garnishment issued but instead of having the execution served upon an employer, the execution would be served upon the bank. In requesting the execution you should request that the execution issue against "any and all accounts" that may be maintained by the debtor rather than just one account. Also, make sure that in requesting the execution that you also inform the court as to the amount of interest that should be added by the court. Judgments in Tennessee typically accrue intereset at a rate of 10% per annum unless the judgment specified interest at some other rate.

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Answered on 1/19/11, 11:07 am


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