Garnishment Answer

There are all sorts of forms executors, beneficiaries, and probate court clerks have to fill out and correspond with during probate and estate settlement, including affidavits, letters, petitions, summons, orders, and notices.

Garnishment Answer is a commonly used form within Tennessee. Here’s an overview of what the form is and means, including a breakdown of the situations when (or why) you may need to use it:

Atticus Fast Facts About Garnishment Answer

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Garnishment Answer:

• This form pertains to the State of Tennessee

Government forms are not typically updated often, though when they are, it often happens rather quietly. While Atticus works hard to keep this information about Tennessee’s Form Garnishment Answer up to date, certain details can change from time-to-time with little or no communication.

Step 1 - Download the correct Tennessee form based on the name and ID if applicable

Double check that you have both the correct form name and the correct form ID. Some Tennessee probate forms can look remarkably similar, so it’s best to double, even triple-check that you’re using the right one! Keep in mind that not all States have a standardized Form ID system for their probate forms.

Step 2 - Complete the Document

Fill out all relevant fields in Form Garnishment Answer, take a break, and then review. Probate and estate settlement processes in TN are long enough to begin with, and making a silly error can push your timeline even farther back. No thank you!

Note: If you don’t currently know all of the answers and are accessing Form Garnishment Answer online, be sure to avoid closing the browser tab and potentially losing all your progress (or use a platform like Atticus to help avoid making mistakes).

Step 3 - Have Form witnessed or notarized (if required)

Some States and situations require particular forms to be notarized. If you have been instructed to get the document notarized or see it in writing on the document, then make sure to hire a local notary. There are max notary fees in the United States that are defined and set by local law. Take a look at our full guide to notary fees to make sure you aren’t overpaying or getting ripped off.

Step 4 - Submit Garnishment Answer to the relevant office

This is most often the local probate court where the decedent (person who passed away) is domiciled (permanently resides) or the institution involved with this particular form (e.g. a bank). Some offices allow you to submit forms online, other’s don’t, and we while we generally recommend going in-person to expedite the process, sometimes that simply isn’t an option.

It’s also a generally good idea to establish a positive working relationship with any probate clerk (unfortunately there’s enough people & process out there making things more difficult and unnecessarily confusing for them), so a best practice is to simply ask the probate clerk proactively exactly how and where they’d prefer you to submit all forms.

Need help getting in touch with a local probate court or identifying a domicile probate jurisdiction?

👉 Find and Contact your Local Probate Court

👉 What is a Domicile Jurisdiction?

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Different probate forms or processes can require different deadlines or response times for completing the appropriate form.

While some steps in the process are bound to specific deadlines (like petitioning for probate, having to submit an inventory of assets, or filing applicable notices to creditors and beneficiaries), many probate forms or processes are not tied to a specific deadline since the scope of work can vary based on situational factors or requirements involved.

Either way, there are a bunch of practical reasons why personal representatives should work to complete each step as thoroughly and quickly as possible when completing probate in Tennessee.

5 reasons you should submit this form as quickly as possible:

1. The sooner you begin, the faster Tennessee can allow heirs and beneficiaries to get their share of assets subject to probate. Acting promptly can also decrease the costs & overall mental fatigue through an otherwise burdensome process.
   
   Helpful Context: What’s the Difference Between Probate and Non-Probate Assets?

2. In general, creditors of an estate usually have around 3-6 months from the time you file notice to creditors to file any claims for debt against the deceased’s assets. If they don’t, then that debt is forfeited (and more importantly, the executor won’t be held personally responsible). So doing this sooner means you have a better idea of who is owed what and ensures you won’t get a surprise collector months later.

3. Not filing a will within 30 days (on average) could mean that the probate process proceeds according to intestate laws (laws that govern what happens to someone's stuff without a will) or is subject to unnecessary supervision by the probate court. And if you aren't directly related to the deceased (a.k.a. next of kin), this could also mean you lose your inheritance.

4. It’s important to file any necessary state tax returns on behalf of the deceased or estate by the following tax season in Tennessee. If you don’t, you could owe penalties and interest. This also includes any necessary federal tax returns such as Forms 1040, 1041, or even a Form 706 estate tax return.

5. If a house in the State of Tennessee is left empty (or abandoned) for a while, insurance can get dicey. For example, if the house burns down and no one has been there for a year, an insurance company may get out of paying your claim.

If you’re not using Atticus to get specific forms, deadlines, and timelines for Tennessee probate, then try and stay as organized as possible, pay close attention to the dates mentioned in any correspondence you have with the State’s government officials, call the local Tennessee probate clerk or court for exact answers regarding Form Garnishment Answer, and when in doubt— consult a qualified trust & estates lawyer for that area.

Garnishment Answer is one of the many probate court forms available for download through Atticus.

It may also be available through some Tennessee probate court sites, such as . In order to access the latest version, be updated with any revisions, and get full instructions on how to complete each form, check out the Atticus Probate & Estate Settlement software or consider hiring a qualified legal expert locally within Tennessee.

While Atticus automatically provides the latest forms, be sure to choose the correct version of Form Garnishment Answer f using any other site or resource in order to avoid having to re-complete the form process and/or make another trip to the Tennessee probate court office.

Garnishment Answer is a .pdf, so opening it should be as simple as clicking “View Form” from within the Atticus app or by clicking the appropriate link found on any Tennessee-provided government platform. Once you’ve opened the form, you should be able to directly edit the form before saving or printing.

Here’s the text, verbatim, that is found on Tennessee Form Garnishment Answer. You can use this to get an idea of the context of the form and what type of information is needed.

STYLE: DOCKET/CASE #: ANSWER OF GARNISHEE BANK ACCOUNT/LEVY (Please check appropriate box below): 1. Money coming: Bank has in its possession/control property or money, not known to be exempt, belonging to the party(s) and which is not wages, salary, or other compensation in the amount of $ . The customer has been notified of their right to raise all potential objections and exemptions with the ordering authority. 2. Account closed 3. No funds available 4. No account(s) found based on information provided for party/parties 5. Tenancy by the Entirety 6. Other: WAGE ASSIGNMENT/EMPLOYER: No longer employed – terminated on Nothing due employee. Net earnings less than exemptions. Other: GARNISHMENT CALCULATION FOR (EMPLOYEE) (Garnishment Calculation: T.C.A. §26-2-404(b), as defined in T.C.A. §26-2-216) Pay period from to (1) IF THE JUDGMENT IS FOR ANY DEBT OTHER THAN FOR ALIMONY OR CHILD SUPPORT: (A) What is the total gross pay before any deductions? $______________(b)(1)(A) (B) How much is deducted from pay for social security and federal income tax? ______________(b)(1)(B) ____________(b)(1)(A) (C) Subtract subdivision (b)(1)(B) from subdivision (b)(1)(A) This is disposable earnings. ______________(b)(1)(C) ____________(b)(1)(C) (D) Are wages paid once every week, once every two (2) weeks, once a month or two (2) times per month? (fmw = federal minimum hourly wage) If once every week, enter 30 X fmw. ______________(b)(1)(D) ____________(b)(1)(D) If once every two (2) weeks, enter 30 X fmw X 2. ______________(b)(1)(D) ____________(b)(1)(D) If two (2) times per month, enter 30 X fmw X 2.166667. ______________(b)(1)(D) ____________(b)(1)(D) If once per month, enter 30 X fmw X 4.333334. ______________(b)(1)(D) ____________(b)(1)(D) (E) Subtract subdivision (b)(1)(D) from subdivision (b)(1)(C). ______________(b)(1)(E) ____________(b)(1)(E) If subdivision (b)(1)(E) is $0 or less, STOP. NO WAGES MAY BE WITHHELD. If subdivision (b)(1)(E) is more than $0, go on to (F). (F) Divide subdivision (b)(1)(C) by 4 ______________(b)(1)(F) ____________(b)(1)(F) (G) Enter the lesser of subdivision (b)(1)(E) or subdivision (b)(1)(F). ______________(b)(1)(G) ____________(b)(1)(G) (H) How many children does the debtor have under sixteen (16) years of age living in Tennessee? ______________(b)(1)(H) ____________(b)(1)(H) (I) Multiply subdivision (b)(1)(H) by $2.50 per week [$5.00 if wages are paid every two (2) weeks; $5.42 if paid two (2) times per month; and $10.83 if paid once per month]. _______________(b)(1)(I) ____________(b)(1)(I) (J) Subtract subdivision (b)(1)(I) from subdivision (b)(1)(G). _______________(b)(1)(J) ____________(b)(1)(J) This is the amount of wages to withhold. If this amount is $0 or less, nothing should be withheld from wages. $________________ (2) IF THE JUDGMENT IS FOR ALIMONY OR CHILD SUPPORT: (A) If the judgment is for alimony and the ex-spouse has remarried, withhold the amount in subdivision (b)(1)(J). $_________________ $_________________ (B) If the judgment is for child support, or the judgment is for alimony and the ex-spouse has not remarried, multiply disposable earnings (subdivision(b)(1)(C)) by: _____ .50 if the employee is supporting another spouse or child and the arrearage is less than twelve (12) weeks old; _________________ _________________ _____ .55 if the employee is supporting another spouse or child and the arrearage is more than twelve (12) weeks old; _________________ _________________ _____ .60 if the employee is NOT supporting another spouse or child and the arrearage is less than twelve (12) weeks old; _________________ _________________ _____ .65 if the employee is NOT supporting another spouse or child and the arrearage is more than twelve (12) weeks old. _________________ _________________ Withhold this amount (in preceding blank) from wages, or the amount actually ordered to be paid for alimony or child support, whichever is less. $_________________ $_________________ As of ____________ day of ____________________________________, 20_________, _________________________________________________________________________, Garnishee, is holding the sum of $_________________ I certify under penalty of perjury that the above information is true and correct. Date: __________________________________ __________________________________________________________________Garnishee/Employer