Tennessee Code Annotated
Tenn. Code Ann. § 26-2-106 (2026)
Maximum amount of disposable earnings subject to garnishment - Garnishment costs
✓ current as of May 2026
- (a) The maximum part of the aggregate disposable earnings of an individual for any workweek which is subjected to garnishment may not exceed:
- (1) Twenty-five percent (25%) of the disposable earnings for that week; or
- (2) The amount by which the disposable earnings for that week exceed thirty (30) times the federal minimum hourly wage at the time the earnings for any pay period become due and payable, whichever is less.
- (b) In the case of earnings for any pay period other than a week, an equivalent amount shall be in effect.
- (c) The debtor shall pay the costs of any and all garnishments on each debt on which suit is brought.
Acts 1978, ch. 915, § 9; modified; T.C.A., § 26-208; Acts 2003, ch. 53, § 1.
Notes of Decisions
Cited in 26
cases (1 in the last 5 years), 1982–2022 · leading case: Lawrence v. Jahn (In Re Lawrence), 219 B.R. 786 (E.D. Tenn. 1998).
Lawrence v. Jahn (In Re Lawrence), 219 B.R. 786 (E.D. Tenn. 1998). “Lawrence claimed 75% of the $140,000 in accounts receivable, after taxes, as property exempt from bankruptcy pursuant to the Tennessee garnishment statute, Tenn.Code Ann. § 26-2-106. The Bankruptcy Trustee objected to this claimed exemption.”
In Re Siegel, 214 B.R. 329 (Bankr. W.D. Tenn. 1997). “The Trustee objects to two exemptions claimed by the debtor: (1) an exemption pursuant to Tenn. Code Ann. § 26-2-106 of certain accounts receivable generated in the debtor’s law practice; and (2) an exemption pursuant to Tenn.”
In Re Duncan, 140 B.R. 210 (Bankr. E.D. Tenn. 1992). “[debtor] under the Schedule of Commissions are actually due and paid the Company_ II Tenn.Code Ann. § 26-2-106 (1980), entitled Maximum amount of disposable earnings exempt from garnishment— Garnishment costs, provides in material part: (a) The maximum part of the aggregate…”
In Re Lawrence, 205 B.R. 115 (Bankr. E.D. Tenn. 1997). “In his schedule of exemptions he claimed 75% of these accounts receivable as exempt property under Tenn. Code Ann. § 26-2-106 . The propriety of that claim is the issue in this case.”
In Re Vickers, 408 B.R. 131 (Bankr. E.D. Tenn. 2009). “Tenn.Code Ann. § 26-2-106 (Supp.2008). The parties have stipulated that the federal minimum hourly wage applicable at the time of the commencement of the Debtor’s case was $6.”
In Re Clark, 18 B.R. 824 (Bankr. E.D. Tenn. 1982). “” T.C.A. § 26-2-106 establishes the maximum amount of disposable earnings of an individual which are subject to garnishment during any work week.”
Erlanger Med. Ctr. v. Angela Strong a/k/a Granger, Shoney's North Georgia, LLC, Garnishee, 382 S.W.3d 349 (Tenn. Ct. App. 2012). “Regarding the proportion of disposable earnings that are exempt from garnishment, Tenn.Code Ann. § 26-2-106 provides: (a) The maximum part of the aggregate disposable earnings of an individual for any workweek which is subjected to garnishment may not exceed: (1) Twenty-five…”
In Re Thum, 329 B.R. 848 (Bankr. C.D. Ill. 2005). “§ 26-2-106 does not provide for the complete sequestration of the debtor’s earnings from creditors and instead merely limits the amount of earnings a creditor can obtain through the garnishment of a third-party garnishee, Congress does not intend in the Bankruptcy Code for §…”
In Re Minor, 177 B.R. 576 (Bankr. E.D. Tenn. 1995). “Concluding otherwise could result in a debtor being allowed to exclude from disposable income 75% of his or her wages presently exempt from garnishment under Tenn.Code Ann. § 26-2-106 (1980); exclude accident, health, or disability insurance benefits presently exempt under *582…”
In Re Adcock, 264 B.R. 708 (D. Kan. 2000). “One of the issues in Lawrence concerned the application of Tenn.Code Ann. § 26-2-106 which is identical to K.”
Suntrust Bank v. Walter Joseph Burke a/k/a Walter Joseph Burke, Jr., 491 S.W.3d 693 (Tenn. Ct. App. 2015). “In In re Duncan, the United States Bankruptcy Court for the Eastern District of Tennessee determined that renewal commissions earned by an insurance salesman qualified for the exemption protection codified in Tennessee Code Annotated Section 26-2-106 because such commissions…”
In Re Peeler, 37 B.R. 517 (Bankr. M.D. Tenn. 1984). “-111 provides in pertinent part as follows: In addition to the property exempt under § 26-2-102, the following shall be exempt from execution, seizure or attachment in the hands or possession of any person who is a bona fide citizen permanently residing in Tennessee: (1) The…”
— Tenn. Code Ann. § 26-2-106(a) — 2 cases
Lawrence v. Jahn (In Re Lawrence), 219 B.R. 786 (E.D. Tenn. 1998). “Lawrence claimed 75% of the $140,000 in accounts receivable, after taxes, as property exempt from bankruptcy pursuant to the Tennessee garnishment statute, Tenn.Code Ann. § 26-2-106. The Bankruptcy Trustee objected to this claimed exemption.”
In Re Lawrence, 205 B.R. 115 (Bankr. E.D. Tenn. 1997). “In his schedule of exemptions he claimed 75% of these accounts receivable as exempt property under Tenn. Code Ann. § 26-2-106 . The propriety of that claim is the issue in this case.”
— Tenn. Code Ann. § 26-2-106(a)(1) — 1 case
Lawrence v. Jahn (In Re Lawrence), 219 B.R. 786 (E.D. Tenn. 1998). “Lawrence claimed 75% of the $140,000 in accounts receivable, after taxes, as property exempt from bankruptcy pursuant to the Tennessee garnishment statute, Tenn.Code Ann. § 26-2-106. The Bankruptcy Trustee objected to this claimed exemption.”
— Tenn. Code Ann. § 26-2-106(a)(l) — 1 case
Lawrence v. Jahn (In Re Lawrence), 219 B.R. 786 (E.D. Tenn. 1998). “Lawrence claimed 75% of the $140,000 in accounts receivable, after taxes, as property exempt from bankruptcy pursuant to the Tennessee garnishment statute, Tenn.Code Ann. § 26-2-106. The Bankruptcy Trustee objected to this claimed exemption.”
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