Tennessee Code Annotated
Tenn. Code Ann. § 26-2-407 (2026)
Motion to quash execution or garnishment
✓ current as of May 2026
A judgment debtor may assert exemption rights after the service of an execution or garnishment by filing a motion to quash the garnishment or execution. The motion to quash must be filed within the following time periods:
- (1) Twenty (20) days from the mailing of the notice required by § 26-2-404 in the event of a levy of execution;
- (2) Twenty (20) days from the withholding of wages by a garnishee/employer pursuant to a wage garnishment; and
- (3) With respect to any other garnishment, twenty (20) days from the mailing of the notice required by § 26-2-404 pursuant to that garnishment.
Acts 1988, ch. 934, § 9.
Notes of Decisions
Cited in 3
cases, 1994–2012 · leading case: In Re Clemmer, 184 B.R. 935 (Bankr. E.D. Tenn. 1995).
In Re Clemmer, 184 B.R. 935 (Bankr. E.D. Tenn. 1995). “§ 26-2-114 says the exemption cannot be claimed after the execution issues; Tenn.Code Ann. § 26-2-407 seems to say that it can, but the Attorney General has issued an opinion that this section does not apply to the $4,000 exemption in Tenn.”
McFarlin v. Watts, 895 S.W.2d 687 (Tenn. Ct. App. 1994). “§ 26-2-114 says the exemption cannot be claimed after the execution issues; Tenn. Code Ann. § 26-2-407 seems to say that it can, but the Attorney General has issued an opinion that this section does not apply to the $4,000 exemption in Tenn.”
Patricia Ann Gho Massey v. Gregory Joel Casals (Tenn. Ct. App. 2012). “Tenn. Code Ann. § 26-2-407 ; see also 6 Am.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.