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HB 1798

Garnishments and Executions - As enacted, clarifies that the sheriff or other person authorized by law to serve garnishments is authorized to demand that the fee for performing service of a garnishment be paid in advance of such performance. - Amends TCA Title 8, Chapter 21, Part 9.

114th Regular Session (2025-2026) Introduced by Jake McCalmon

Allows Tennessee sheriffs to require advance payment of fees before serving debt garnishment orders on third parties.

Comp. SB subst.
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Bill Summary · HB 1798

Legislative bill overview

HB 1798 clarifies Tennessee law to explicitly authorize sheriffs and other court-authorized personnel to require advance payment of fees before serving garnishments on third parties. Currently, the law does not clearly specify whether fees must be paid upfront or can be collected after service is rendered.

Why is this important

Garnishments are legal orders that redirect a portion of a debtor's wages or assets to satisfy court judgments. Clear fee-payment protocols affect how quickly creditors can collect debts and whether sheriffs' offices can operate without advance capital. This change could impact both debt collection efficiency and the administrative burden on court enforcement personnel.

Potential points of contention

  • Fairness concerns: Requiring advance fees may disadvantage low-income creditors or judgment holders who cannot afford upfront costs to enforce their legal rights
  • Debt collection impact: Advance fee requirements could slow debt collection processes if judgment creditors delay payment, potentially affecting creditor recovery rates
  • Administrative burden: Sheriffs' offices must determine appropriate fee amounts and manage payment collection procedures, creating potential for disputes over fee reasonableness

Compiled from official sources — confirm details with the bill’s official record.

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