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SB 1637

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)

Tennessee law now permits sheriffs to demand upfront payment of garnishment service fees before performing the legal document delivery.

Signed by Governor.
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Bill Summary · SB 1637

Legislative bill overview

SB 1637 clarifies that sheriffs and other authorized officials can require upfront payment of fees before serving garnishments (legal documents that redirect a debtor's assets to satisfy debts). This removes ambiguity about whether fee collection must occur before or after the service is performed, allowing officials to demand payment in advance.

Why is this important

Garnishment service is a core function of debt collection and judgment enforcement in civil cases. Allowing advance fee collection protects sheriffs' offices and authorized process servers from absorbing costs when debtors lack funds, potentially improving the efficiency and sustainability of these court-related services. However, this also affects debtors by increasing upfront costs before their case is resolved.

Potential points of contention

  • Debtor burden: Requiring advance fees may prevent some debtors from accessing the garnishment process or create additional financial hardship, particularly for low-income individuals
  • Access to justice concerns: Upfront fee requirements could be viewed as a barrier to enforcing valid court judgments or defending against garnishments depending on one's perspective
  • Fee structure clarity: The bill doesn't specify fee amounts or caps, potentially leaving room for variable pricing across different jurisdictions

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

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