Tenn. Code Ann. § 26-2-224 — TN Code / Title 26 / Chapter 2 / Section 26-2-224
Time for execution when multiple writs exist
Status: in_force

(a) Notwithstanding any other provision of law or rule to the contrary, a writ of garnishment that is filed later in time than another such writ, and which deducts the maximum amount allowable by law from the debtor's wages, shall not run concurrently with the earlier filed writ with regard to the six-month time limit prescribed in § 26-2-214 . Such later filed writ of garnishment shall not begin to run until the earlier filed writ's judgment has been satisfied, such earlier filed writ has expired, or such earlier filed writ has been stayed by installment motion as prescribed in § 26-2-216 . (b) The time limit prescribed in § 26-2-214 shall not be extended beyond six (6) months from the date of filing if the garnishee has failed to answer or remit funds for such later filed writ. (c) Nothing in this section shall be construed to affect the date of attachment or the status of any underlying statutory or common law lien rights of any later filed writ of garnishment. Acts 2000, ch. 856, § 1.
(a) Notwithstanding any other provision of law or rule to the contrary, a writ of garnishment that is filed later in time than another such writ, and which deducts the maximum amount allowable by law from the debtor's wages, shall not run concurrently with the earlier filed writ with regard to the six-month time limit prescribed in § 26-2-214 . Such later filed writ of garnishment shall not begin to run until the earlier filed writ's judgment has been satisfied, such earlier filed writ has expired, or such earlier filed writ has been stayed by installment motion as prescribed in § 26-2-216 .
(b) The time limit prescribed in § 26-2-214 shall not be extended beyond six (6) months from the date of filing if the garnishee has failed to answer or remit funds for such later filed writ.
(c) Nothing in this section shall be construed to affect the date of attachment or the status of any underlying statutory or common law lien rights of any later filed writ of garnishment.
Acts 2000, ch. 856, § 1.
Tenn. Code Ann. § 26-4-104 — TN Code / Title 26 / Chapter 4 / Section 26-4-104
Lien lis pendens
Status: in_force

The creditor has a lien lis pendens upon the property of the defendant situated in the county of suit, if properly described in the bill of complaint, on the filing of the bill, so far as concerns the pursued defendant; and the creditor may have a lien lis pendens upon all property, so described, as against bona fide purchasers and encumbrancers, for value, upon registration of an abstract of the claimed lien as provided by this Code. Code 1858, § 4286; Shan., § 6095; mod. Code 1932, § 10356; T.C.A. (orig. ed.), § 26-604.
The creditor has a lien lis pendens upon the property of the defendant situated in the county of suit, if properly described in the bill of complaint, on the filing of the bill, so far as concerns the pursued defendant; and the creditor may have a lien lis pendens upon all property, so described, as against bona fide purchasers and encumbrancers, for value, upon registration of an abstract of the claimed lien as provided by this Code.
Code 1858, § 4286; Shan., § 6095; mod. Code 1932, § 10356; T.C.A. (orig. ed.), § 26-604.
Tenn. Code Ann. § 26-1-302 — TN Code / Title 26 / Chapter 1 / Section 26-1-302
Docket entry
Status: in_force

The clerk shall also enter upon the execution docket the date of the issuance of such execution, and to what county and officer issued; the return of the officer, with the date of such return; the dates and amounts of all moneys received into or paid out of the office thereon; the entries to be made at the time of the issuance, receipt, or payment, as the case may be. Code 1858, § 3016 (deriv. Acts 1831, ch. 8, § 2); Shan., § 4744; Code 1932, § 8878; T.C.A. (orig. ed.), § 26-122.
The clerk shall also enter upon the execution docket the date of the issuance of such execution, and to what county and officer issued; the return of the officer, with the date of such return; the dates and amounts of all moneys received into or paid out of the office thereon; the entries to be made at the time of the issuance, receipt, or payment, as the case may be.
Code 1858, § 3016 (deriv. Acts 1831, ch. 8, § 2); Shan., § 4744; Code 1932, § 8878; T.C.A. (orig. ed.), § 26-122.
Tenn. Code Ann. § 26-6-202 — TN Code / Title 26 / Chapter 6 / Section 26-6-202
Part definitions
Status: in_force

As used in this part: (1) "Foreign country" means a government other than: (A) The United States; (B) A state, district, commonwealth, territory, or insular possession of the United States; or (C) Any other government with regard to which the decision in this state as to whether to recognize a judgment of that government's courts is initially subject to determination under the Full Faith and Credit Clause of the United States Constitution; and (2) "Foreign-country judgment" means a judgment of a court of a foreign country. Added by 2019 Tenn. Acts, ch. 278,s 1, eff. 7/1/2019.
As used in this part:
(1) "Foreign country" means a government other than: (A) The United States; (B) A state, district, commonwealth, territory, or insular possession of the United States; or (C) Any other government with regard to which the decision in this state as to whether to recognize a judgment of that government's courts is initially subject to determination under the Full Faith and Credit Clause of the United States Constitution; and
(A) The United States;
(B) A state, district, commonwealth, territory, or insular possession of the United States; or
(C) Any other government with regard to which the decision in this state as to whether to recognize a judgment of that government's courts is initially subject to determination under the Full Faith and Credit Clause of the United States Constitution; and
(2) "Foreign-country judgment" means a judgment of a court of a foreign country.
Added by 2019 Tenn. Acts, ch. 278,s 1, eff. 7/1/2019.
Tenn. Code Ann. § 26-3-113 — TN Code / Title 26 / Chapter 3 / Section 26-3-113
Order of levy after forfeiture of delivery bond
Status: in_force

Upon forfeiture of the bond, the officer holding the execution shall levy immediately upon the property of the defendants who join in the bond, to satisfy the debt and costs to the plaintiffs and double costs to the officer; and if there shall not be property enough of these defendants found to satisfy the execution, such officer shall levy upon property of the sureties sufficient to satisfy so much of the amount as they had become liable for; and if the execution is still unsatisfied, it shall be the officer's duty to go upon such of the original defendants, if any, as did not join in the delivery bond. Code 1858, § 3048 (deriv. Acts 1831, ch. 25, §§ 2, 3); Shan., §4776; Code 1932, § 8906; T.C.A. (orig. ed.), § 26-413.
Upon forfeiture of the bond, the officer holding the execution shall levy immediately upon the property of the defendants who join in the bond, to satisfy the debt and costs to the plaintiffs and double costs to the officer; and if there shall not be property enough of these defendants found to satisfy the execution, such officer shall levy upon property of the sureties sufficient to satisfy so much of the amount as they had become liable for; and if the execution is still unsatisfied, it shall be the officer's duty to go upon such of the original defendants, if any, as did not join in the delivery bond.
Code 1858, § 3048 (deriv. Acts 1831, ch. 25, §§ 2, 3); Shan., §4776; Code 1932, § 8906; T.C.A. (orig. ed.), § 26-413.
Tenn. Code Ann. § 26-3-114 — TN Code / Title 26 / Chapter 3 / Section 26-3-114
Return of unsatisfied execution
Status: in_force

If unable to obtain satisfaction of the debt before the officer is bound by law to return the execution, the officer shall return the execution and bond together, with a proper endorsement of the facts, and thereupon an alias or pluries execution, as the case may be, shall issue against all parties, with endorsements showing the amounts paid upon any former execution, and specifying the amount for which the sureties are bound, if less than the unsatisfied balance. Code 1858, § 3049 (deriv. Acts 1831, ch. 25, §§ 2, 3); Shan., §4777; Code 1932, § 8907; T.C.A. (orig. ed.), § 26-414.
If unable to obtain satisfaction of the debt before the officer is bound by law to return the execution, the officer shall return the execution and bond together, with a proper endorsement of the facts, and thereupon an alias or pluries execution, as the case may be, shall issue against all parties, with endorsements showing the amounts paid upon any former execution, and specifying the amount for which the sureties are bound, if less than the unsatisfied balance.
Code 1858, § 3049 (deriv. Acts 1831, ch. 25, §§ 2, 3); Shan., §4777; Code 1932, § 8907; T.C.A. (orig. ed.), § 26-414.
Tenn. Code Ann. § 26-2-311 — TN Code / Title 26 / Chapter 2 / Section 26-2-311
Setting apart for deserted family
Status: in_force

When a debtor absconds or abandons the debtor's family, the homestead shall be set apart for the use of the spouse and family, and shall be exempt in the hands of the spouse or children; and such property, on the death of the owner, shall be exempt in the hands of the surviving spouse and children, as prescribed in § 30-2-105 . Acts 1870-1871, ch. 71, § 6; Shan., § 3810al; Code 1932, § 7732; T.C.A. (orig. ed.), § 26-312.
When a debtor absconds or abandons the debtor's family, the homestead shall be set apart for the use of the spouse and family, and shall be exempt in the hands of the spouse or children; and such property, on the death of the owner, shall be exempt in the hands of the surviving spouse and children, as prescribed in § 30-2-105 .
Acts 1870-1871, ch. 71, § 6; Shan., § 3810al; Code 1932, § 7732; T.C.A. (orig. ed.), § 26-312.
Tenn. Code Ann. § 26-2-112 — TN Code / Title 26 / Chapter 2 / Section 26-2-112
Exemptions for the purpose of bankruptcy
Status: in_force

The personal property exemptions as provided for in this part, and the other exemptions as provided in other sections of the Tennessee Code Annotated for the citizens of Tennessee, are hereby declared adequate and the citizens of Tennessee, pursuant to section 522 (b)(1), Public Law 95-598 known as the Bankruptcy Reform Act of 1978 ( 11 U.S.C., § 522 (b)(1) ), are not authorized to claim as exempt the property described in the Bankruptcy Reform Act of 1978 ( 11 USC § 522 (d) ). Acts 1980, ch. 919, § 4; T.C.A., § 26-901.
The personal property exemptions as provided for in this part, and the other exemptions as provided in other sections of the Tennessee Code Annotated for the citizens of Tennessee, are hereby declared adequate and the citizens of Tennessee, pursuant to section 522 (b)(1), Public Law 95-598 known as the Bankruptcy Reform Act of 1978 ( 11 U.S.C., § 522 (b)(1) ), are not authorized to claim as exempt the property described in the Bankruptcy Reform Act of 1978 ( 11 USC § 522 (d) ).
Acts 1980, ch. 919, § 4; T.C.A., § 26-901.
Tenn. Code Ann. § 26-5-105 — TN Code / Title 26 / Chapter 5 / Section 26-5-105
Plan of division of land
Status: in_force

At any time before ten o'clock a.m. (10:00 a.m.), on the day of sale, the defendant may deliver to the officer a plan of division of the lands levied on, subscribed by the defendant, and it shall, in that case, be the duty of the officer to sell, according to the plan, so much of the land as may be necessary to satisfy the debt and costs, and no more. If no such plan is furnished, the officer may sell without any division. Code 1858, § 3043 (deriv. Acts 1799, ch. 14, § 3); Shan., § 4771; Code 1932, § 8901; T.C.A. (orig. ed.), § 26-705.
At any time before ten o'clock a.m. (10:00 a.m.), on the day of sale, the defendant may deliver to the officer a plan of division of the lands levied on, subscribed by the defendant, and it shall, in that case, be the duty of the officer to sell, according to the plan, so much of the land as may be necessary to satisfy the debt and costs, and no more. If no such plan is furnished, the officer may sell without any division.
Code 1858, § 3043 (deriv. Acts 1799, ch. 14, § 3); Shan., § 4771; Code 1932, § 8901; T.C.A. (orig. ed.), § 26-705.
Tenn. Code Ann. § 26-5-113 — TN Code / Title 26 / Chapter 5 / Section 26-5-113
Deed on redemption
Status: in_force

If the officer's deed is made within two (2) years, the person obtaining it, in case the land is redeemed from such person, shall make to the redeeming party, a complete deed, proved or acknowledged for registration, divesting the person acquiring by the officer's deed and vesting the other with the title acquired. In like manner, title shall be made upon each subsequent redemption, but at the cost of the party redeeming. Code 1858, § 3057 (deriv. Acts 1820, ch. 11, § 2); Shan., § 4784; Code 1932, § 8914; T.C.A. (orig. ed.), § 26-719.
If the officer's deed is made within two (2) years, the person obtaining it, in case the land is redeemed from such person, shall make to the redeeming party, a complete deed, proved or acknowledged for registration, divesting the person acquiring by the officer's deed and vesting the other with the title acquired. In like manner, title shall be made upon each subsequent redemption, but at the cost of the party redeeming.
Code 1858, § 3057 (deriv. Acts 1820, ch. 11, § 2); Shan., § 4784; Code 1932, § 8914; T.C.A. (orig. ed.), § 26-719.
Tenn. Code Ann. § 26-6-107 — TN Code / Title 26 / Chapter 6 / Section 26-6-107
Creditor's right to bring enforcement action
Status: in_force

The right of a judgment creditor to bring an action to enforce the creditor's judgment instead of proceeding under this part remains unimpaired. Amended by 2019 Tenn. Acts, ch. 278,s 2, eff. 7/1/2019. Acts 1976, ch. 530, § 5; T.C.A., § 26-805.
The right of a judgment creditor to bring an action to enforce the creditor's judgment instead of proceeding under this part remains unimpaired.
Amended by 2019 Tenn. Acts, ch. 278,s 2, eff. 7/1/2019.
Acts 1976, ch. 530, § 5; T.C.A., § 26-805.
Tenn. Code Ann. § 26-6-103 — TN Code / Title 26 / Chapter 6 / Section 26-6-103
"Foreign judgment" defined
Status: in_force

As used in this part, "foreign judgment" means any judgment, decree, or order of a court of the United States or of any other court which is entitled to full faith and credit in this state. Amended by 2019 Tenn. Acts, ch. 278, s 2, eff. 7/1/2019. Acts 1976, ch. 530, § 1; T.C.A., § 26-801.
As used in this part, "foreign judgment" means any judgment, decree, or order of a court of the United States or of any other court which is entitled to full faith and credit in this state.
Amended by 2019 Tenn. Acts, ch. 278, s 2, eff. 7/1/2019.
Acts 1976, ch. 530, § 1; T.C.A., § 26-801.
Tenn. Code Ann. § 26-5-115 — TN Code / Title 26 / Chapter 5 / Section 26-5-115
Minimum acceptable price for property sold
Status: in_force

The sheriff of each county in the state of Tennessee is hereby authorized to set a minimum acceptable price for every item, of property, both personal and real, to be sold at any sheriff's sale in the state provided such price shall be equal to or greater than fifty percent (50%) of the fair market value. Acts 1978, ch. 808, § 1; T.C.A., § 26-725.
The sheriff of each county in the state of Tennessee is hereby authorized to set a minimum acceptable price for every item, of property, both personal and real, to be sold at any sheriff's sale in the state provided such price shall be equal to or greater than fifty percent (50%) of the fair market value.
Acts 1978, ch. 808, § 1; T.C.A., § 26-725.
Tenn. Code Ann. § 26-1-111 — TN Code / Title 26 / Chapter 1 / Section 26-1-111
Suspension of foreclosure proceedings for active military personnel
Status: in_force

(a) Notwithstanding any provision of law to the contrary, if a member of a reserve or Tennessee national guard unit entered into a mortgage or deed of trust for the purchase of a home, or a contract for the purchase of a motor vehicle, and the person is subsequently called into active military service of the United States, as defined in § 58-1-102 , and is stationed outside the United States during hostilities, then any provision of the contract or mortgage or deed of trust providing for foreclosure on the property or repossession of the motor vehicle shall be suspended until ninety (90) days following the military personnel's return to this state. (b) (1) (A) To exercise the benefits of this section, a service member shall, at any time prior to or during deployment, provide a written notice to the holder of the indebtedness stating the following: (i) The person is a member of the reserve or Tennessee national guard; (ii) The member has been called to active duty; (iii) A copy of the deployment order is attached; and (iv) The anticipated date of return to the state. (B) In any action to foreclose or repossess as provided in this section, the holder of the indebtedness is entitled to rely on the anticipated date of return or discharge stated in either the deployment order or in the statement provided in subdivision (b)(1)(A)(iv) when seeking to foreclose or repossess. (2) At any stage before a final foreclosure sale or a final sale of repossessed property under the Uniform Commercial Code, compiled in title 47, chapters 1-9, the sale shall be stayed; provided, that the service member gives notice as provided in § 202 of the Servicemembers Civil Relief Act (50 U.S.C. Appx. § 522). (c) This section shall not apply to a service member who executes a waiver pursuant to § 107 of the Servicemembers Civil Relief Act (50 U.S.C. Appx. § 517). Acts 2006, ch. 677, § 1.
(a) Notwithstanding any provision of law to the contrary, if a member of a reserve or Tennessee national guard unit entered into a mortgage or deed of trust for the purchase of a home, or a contract for the purchase of a motor vehicle, and the person is subsequently called into active military service of the United States, as defined in § 58-1-102 , and is stationed outside the United States during hostilities, then any provision of the contract or mortgage or deed of trust providing for foreclosure on the property or repossession of the motor vehicle shall be suspended until ninety (90) days following the military personnel's return to this state.
(b) (1) (A) To exercise the benefits of this section, a service member shall, at any time prior to or during deployment, provide a written notice to the holder of the indebtedness stating the following: (i) The person is a member of the reserve or Tennessee national guard; (ii) The member has been called to active duty; (iii) A copy of the deployment order is attached; and (iv) The anticipated date of return to the state. (B) In any action to foreclose or repossess as provided in this section, the holder of the indebtedness is entitled to rely on the anticipated date of return or discharge stated in either the deployment order or in the statement provided in subdivision (b)(1)(A)(iv) when seeking to foreclose or repossess. (2) At any stage before a final foreclosure sale or a final sale of repossessed property under the Uniform Commercial Code, compiled in title 47, chapters 1-9, the sale shall be stayed; provided, that the service member gives notice as provided in § 202 of the Servicemembers Civil Relief Act (50 U.S.C. Appx. § 522).
(1) (A) To exercise the benefits of this section, a service member shall, at any time prior to or during deployment, provide a written notice to the holder of the indebtedness stating the following: (i) The person is a member of the reserve or Tennessee national guard; (ii) The member has been called to active duty; (iii) A copy of the deployment order is attached; and (iv) The anticipated date of return to the state. (B) In any action to foreclose or repossess as provided in this section, the holder of the indebtedness is entitled to rely on the anticipated date of return or discharge stated in either the deployment order or in the statement provided in subdivision (b)(1)(A)(iv) when seeking to foreclose or repossess.
(A) To exercise the benefits of this section, a service member shall, at any time prior to or during deployment, provide a written notice to the holder of the indebtedness stating the following: (i) The person is a member of the reserve or Tennessee national guard; (ii) The member has been called to active duty; (iii) A copy of the deployment order is attached; and (iv) The anticipated date of return to the state.
(i) The person is a member of the reserve or Tennessee national guard;
(ii) The member has been called to active duty;
(iii) A copy of the deployment order is attached; and
(iv) The anticipated date of return to the state.
(B) In any action to foreclose or repossess as provided in this section, the holder of the indebtedness is entitled to rely on the anticipated date of return or discharge stated in either the deployment order or in the statement provided in subdivision (b)(1)(A)(iv) when seeking to foreclose or repossess.
(2) At any stage before a final foreclosure sale or a final sale of repossessed property under the Uniform Commercial Code, compiled in title 47, chapters 1-9, the sale shall be stayed; provided, that the service member gives notice as provided in § 202 of the Servicemembers Civil Relief Act (50 U.S.C. Appx. § 522).
(c) This section shall not apply to a service member who executes a waiver pursuant to § 107 of the Servicemembers Civil Relief Act (50 U.S.C. Appx. § 517).
Acts 2006, ch. 677, § 1.
Tenn. Code Ann. § 26-2-305 — TN Code / Title 26 / Chapter 2 / Section 26-2-305
Family cemeteries and burial lots
Status: in_force

Any interest or estate in a family cemetery, not in excess of one (1) acre, or in a burial lot in a cemetery, or a space in a mausoleum, or a certificate of ownership thereof, is exempt from levy of execution or attachment except as in case of homestead. Code 1932, § 7735; T.C.A. (orig. ed.), § 26-306.
Any interest or estate in a family cemetery, not in excess of one (1) acre, or in a burial lot in a cemetery, or a space in a mausoleum, or a certificate of ownership thereof, is exempt from levy of execution or attachment except as in case of homestead.
Code 1932, § 7735; T.C.A. (orig. ed.), § 26-306.
Tenn. Code Ann. § 26-2-407 — TN Code / Title 26 / Chapter 2 / Section 26-2-407
Motion to quash execution or garnishment
Status: in_force

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.
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.
Tenn. Code Ann. § 26-2-225 — TN Code / Title 26 / Chapter 2 / Section 26-2-225
Notifying judgment creditor of new employment
Status: in_force

(a) A judgment debtor whose salaries, wages or other compensation are subject to a garnishment shall notify the judgment creditor who filed the writ of garnishment within ten (10) days, as computed in § 1-3-102 , of obtaining any new employment. Notice to the judgment creditor shall be by certified mail and shall include the name, address and telephone number of the new employer. A judgment debtor who fails to provide notice of new employment in compliance with this section is in contempt of court and, upon the court making a determination of contempt, may be punished the same as contempt of court in a judicial proceeding. For purposes of a determination of contempt the debtor's notification of new employment to the judgment creditor shall be considered timely sent if mailed less than ten (10) days from the date of obtaining new employment. (b) Any fees imposed by the clerk or any other party on the transfer of garnishment to the debtor's new employment shall be imposed on the debtor by adding the amount to the debt to be collected. Added by 2013 Tenn. Acts, ch. 187,s 1, eff. 7/1/2013.
(a) A judgment debtor whose salaries, wages or other compensation are subject to a garnishment shall notify the judgment creditor who filed the writ of garnishment within ten (10) days, as computed in § 1-3-102 , of obtaining any new employment. Notice to the judgment creditor shall be by certified mail and shall include the name, address and telephone number of the new employer. A judgment debtor who fails to provide notice of new employment in compliance with this section is in contempt of court and, upon the court making a determination of contempt, may be punished the same as contempt of court in a judicial proceeding. For purposes of a determination of contempt the debtor's notification of new employment to the judgment creditor shall be considered timely sent if mailed less than ten (10) days from the date of obtaining new employment.
(b) Any fees imposed by the clerk or any other party on the transfer of garnishment to the debtor's new employment shall be imposed on the debtor by adding the amount to the debt to be collected.
Added by 2013 Tenn. Acts, ch. 187,s 1, eff. 7/1/2013.
Tenn. Code Ann. § 26-6-206 — TN Code / Title 26 / Chapter 6 / Section 26-6-206
Procedure for recognition of foreign-country judgment
Status: in_force

(a) If recognition of a foreign-country judgment is sought as an original matter, the issue of recognition must be raised by filing an action seeking recognition of the foreign-country judgment. (b) If recognition of a foreign-country judgment is sought in a pending action, the issue of recognition may be raised by counterclaim, cross-claim, or affirmative defense. Added by 2019 Tenn. Acts, ch. 278, s 1, eff. 7/1/2019.
(a) If recognition of a foreign-country judgment is sought as an original matter, the issue of recognition must be raised by filing an action seeking recognition of the foreign-country judgment.
(b) If recognition of a foreign-country judgment is sought in a pending action, the issue of recognition may be raised by counterclaim, cross-claim, or affirmative defense.
Added by 2019 Tenn. Acts, ch. 278, s 1, eff. 7/1/2019.
Tenn. Code Ann. § 26-6-108 — TN Code / Title 26 / Chapter 6 / Section 26-6-108
Foreign defamation judgments
Status: in_force

(a) For the purposes of this section only, a "foreign defamation judgment" shall mean any judgment for a cause of action equivalent or fundamentally similar to an action for libel or slander that is rendered by a court or tribunal outside the United States or its territories or possessions. This section shall not apply to any judgment for defamation, slander or libel rendered by a federal court or a court or tribunal in this or any other state of the United States, its territories or possessions. (b) In addition to any other defenses that may exist, no foreign defamation judgment shall be authenticated, or execution issued upon, if: (1) It is determined that the judgment was rendered by a judicial system that does not provide impartial tribunals or procedures substantially compatible with the requirements of due process of law applicable to Tennessee courts; (2) The court or tribunal issuing the foreign defamation judgment did not have personal jurisdiction over the defendant in accordance with the principles applicable under Tennessee law; or (3) The court or tribunal issuing the foreign defamation judgment did not have subject matter jurisdiction over the action. (c) A foreign defamation judgment shall not be authenticated by any court of this state until it is established by a preponderance of the evidence that the defamation, libel or slander law applied in the foreign defamation court's jurisdiction provides the same or higher protection for freedom of speech and press as would be provided under both the United States and Tennessee Constitutions. If it is determined that the law in the foreign defamation judgment's jurisdiction provides such same or greater protection, then the court may proceed to consider if the judgment may be authenticated as a foreign judgment. If it is determined that the law in the foreign defamation judgment's jurisdiction does not provide such same or greater protection, or if no finding is made on this point, then the court may not authenticate that foreign defamation judgment and the same shall be void until such time as the court may make or reverse its findings. Acts 2010, ch. 900, § 1.
(a) For the purposes of this section only, a "foreign defamation judgment" shall mean any judgment for a cause of action equivalent or fundamentally similar to an action for libel or slander that is rendered by a court or tribunal outside the United States or its territories or possessions. This section shall not apply to any judgment for defamation, slander or libel rendered by a federal court or a court or tribunal in this or any other state of the United States, its territories or possessions.
(b) In addition to any other defenses that may exist, no foreign defamation judgment shall be authenticated, or execution issued upon, if: (1) It is determined that the judgment was rendered by a judicial system that does not provide impartial tribunals or procedures substantially compatible with the requirements of due process of law applicable to Tennessee courts; (2) The court or tribunal issuing the foreign defamation judgment did not have personal jurisdiction over the defendant in accordance with the principles applicable under Tennessee law; or (3) The court or tribunal issuing the foreign defamation judgment did not have subject matter jurisdiction over the action.
(1) It is determined that the judgment was rendered by a judicial system that does not provide impartial tribunals or procedures substantially compatible with the requirements of due process of law applicable to Tennessee courts;
(2) The court or tribunal issuing the foreign defamation judgment did not have personal jurisdiction over the defendant in accordance with the principles applicable under Tennessee law; or
(3) The court or tribunal issuing the foreign defamation judgment did not have subject matter jurisdiction over the action.
(c) A foreign defamation judgment shall not be authenticated by any court of this state until it is established by a preponderance of the evidence that the defamation, libel or slander law applied in the foreign defamation court's jurisdiction provides the same or higher protection for freedom of speech and press as would be provided under both the United States and Tennessee Constitutions. If it is determined that the law in the foreign defamation judgment's jurisdiction provides such same or greater protection, then the court may proceed to consider if the judgment may be authenticated as a foreign judgment. If it is determined that the law in the foreign defamation judgment's jurisdiction does not provide such same or greater protection, or if no finding is made on this point, then the court may not authenticate that foreign defamation judgment and the same shall be void until such time as the court may make or reverse its findings.
Acts 2010, ch. 900, § 1.
Tenn. Code Ann. § 26-6-104 — TN Code / Title 26 / Chapter 6 / Section 26-6-104
Effect and treatment of authenticated foreign judgment - Foreign defamation judgment
Status: in_force

(a) A copy of any foreign judgment authenticated in accordance with the acts of congress or the statutes of this state may be filed in the office of the clerk of any circuit or chancery court of this state. (b) The clerk shall treat the foreign judgment in the same manner as a judgment of a court of record of this state. (c) A judgment so filed has the same effect and is subject to the same procedures, defenses and proceedings for reopening, vacating, or staying as a judgment of a court of record of this state and may be enforced or satisfied in like manner. (d) For the purpose of rendering declaratory relief with respect to a person's liability for a foreign defamation judgment and determining whether the foreign defamation judgment should be deemed nonrecognizable under § 26-6-108 , this state's courts have personal jurisdiction over any person who obtains a foreign defamation judgment against any person who: (1) Is a resident of this state; (2) Is a person or entity amenable to the jurisdiction of this state; (3) Has assets in this state; or (4) May have to take action in this state to comply with the foreign defamation judgment. Acts 1976, ch. 530, § 2; T.C.A., § 26-802; Acts 2010, ch. 900, § 2.
(a) A copy of any foreign judgment authenticated in accordance with the acts of congress or the statutes of this state may be filed in the office of the clerk of any circuit or chancery court of this state.
(b) The clerk shall treat the foreign judgment in the same manner as a judgment of a court of record of this state.
(c) A judgment so filed has the same effect and is subject to the same procedures, defenses and proceedings for reopening, vacating, or staying as a judgment of a court of record of this state and may be enforced or satisfied in like manner.
(d) For the purpose of rendering declaratory relief with respect to a person's liability for a foreign defamation judgment and determining whether the foreign defamation judgment should be deemed nonrecognizable under § 26-6-108 , this state's courts have personal jurisdiction over any person who obtains a foreign defamation judgment against any person who: (1) Is a resident of this state; (2) Is a person or entity amenable to the jurisdiction of this state; (3) Has assets in this state; or (4) May have to take action in this state to comply with the foreign defamation judgment.
(1) Is a resident of this state;
(2) Is a person or entity amenable to the jurisdiction of this state;
(3) Has assets in this state; or
(4) May have to take action in this state to comply with the foreign defamation judgment.
Acts 1976, ch. 530, § 2; T.C.A., § 26-802; Acts 2010, ch. 900, § 2.
Tenn. Code Ann. § 26-1-402 — TN Code / Title 26 / Chapter 1 / Section 26-1-402
Duties of executing officer
Status: in_force

Every sheriff or other officer to whose hands an execution may legally come shall give a receipt therefor, if required, and make sufficient return thereof, together with the money collected, on or before the return day as prescribed in § 26-1-401 . Code 1858, § 3025 (deriv. Acts 1837-1838, ch. 190, § 1); Shan., § 4753; Code 1932, § 8887; T.C.A. (orig. ed.), § 26-129.
Every sheriff or other officer to whose hands an execution may legally come shall give a receipt therefor, if required, and make sufficient return thereof, together with the money collected, on or before the return day as prescribed in § 26-1-401 .
Code 1858, § 3025 (deriv. Acts 1837-1838, ch. 190, § 1); Shan., § 4753; Code 1932, § 8887; T.C.A. (orig. ed.), § 26-129.
Tenn. Code Ann. § 26-2-101 — TN Code / Title 26 / Chapter 2 / Section 26-2-101
Short title
Status: in_force

This chapter shall be known and may be cited as the "Personal Property Owner's Rights and Garnishment Act of 1978." Acts 1978, ch. 915, § 2; T.C.A., § 26-201.
This chapter shall be known and may be cited as the "Personal Property Owner's Rights and Garnishment Act of 1978."
Acts 1978, ch. 915, § 2; T.C.A., § 26-201.
Tenn. Code Ann. § 26-2-403 — TN Code / Title 26 / Chapter 2 / Section 26-2-403
Notice required
Status: in_force

(a) No clerk shall issue an execution or garnishment unless it provides the notice required by § 26-2-404 or by § 26-2-216 . No clerk shall issue a garnishment unless it also contains the notice required by § 26-2-203 . (b) No sheriff or other officer shall summon a garnishee unless the garnishment provides the notice required by § 26-2-404 or by § 26-2-216 , and unless it provides the notice required by § 26-2-203 . Acts 1988, ch. 934, §§ 4, 5.
(a) No clerk shall issue an execution or garnishment unless it provides the notice required by § 26-2-404 or by § 26-2-216 . No clerk shall issue a garnishment unless it also contains the notice required by § 26-2-203 .
(b) No sheriff or other officer shall summon a garnishee unless the garnishment provides the notice required by § 26-2-404 or by § 26-2-216 , and unless it provides the notice required by § 26-2-203 .
Acts 1988, ch. 934, §§ 4, 5.
Tenn. Code Ann. § 26-2-409 — TN Code / Title 26 / Chapter 2 / Section 26-2-409
Copies of forms to be furnished
Status: in_force

The University of Tennessee county technical assistance service shall provide clerks of court with forms for judgment debtors to use in filing a motion to quash an execution or garnishment on the ground of exemption rights, in otherwise asserting their exemption rights, or in filing a motion to pay a judgment by installments. Clerks shall provide a copy of these forms to judgment debtors upon request. Nothing herein shall be construed as prohibiting clerks from printing an appropriate form motion to quash on the reverse side of the notices required by §§ 26-2-404 and 26-2-216 , so that the judgment debtor may assert applicable exemption rights. Acts 1988, ch. 934, § 11.
The University of Tennessee county technical assistance service shall provide clerks of court with forms for judgment debtors to use in filing a motion to quash an execution or garnishment on the ground of exemption rights, in otherwise asserting their exemption rights, or in filing a motion to pay a judgment by installments. Clerks shall provide a copy of these forms to judgment debtors upon request. Nothing herein shall be construed as prohibiting clerks from printing an appropriate form motion to quash on the reverse side of the notices required by §§ 26-2-404 and 26-2-216 , so that the judgment debtor may assert applicable exemption rights.
Acts 1988, ch. 934, § 11.
Tenn. Code Ann. § 26-6-201 — TN Code / Title 26 / Chapter 6 / Section 26-6-201
Short title
Status: in_force

This part shall be known and may be cited as the "Uniform Foreign-Country Money Judgments Recognition Act." Added by 2019 Tenn. Acts, ch. 278,s 1, eff. 7/1/2019.
This part shall be known and may be cited as the "Uniform Foreign-Country Money Judgments Recognition Act."
Added by 2019 Tenn. Acts, ch. 278,s 1, eff. 7/1/2019.
Tenn. Code Ann. § 26-2-103 — TN Code / Title 26 / Chapter 2 / Section 26-2-103
Personal property selectively exempt from seizure; exception
Status: in_force

(a) Personal property to the aggregate value of ten thousand dollars ($10,000) debtor's equity interest 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, and such person shall be entitled to this exemption without regard to the debtor's vocation or pursuit or to the ownership of the debtor's abode. Such person may select for exemption the items of the owned and possessed personal property, including money and funds on deposit with a bank or other financial institution, up to the aggregate value of ten thousand dollars ($10,000) debtor's equity interest. (b) An item shall not be eligible, in whole or in part, for the personal property exemption provided by this part, if the item has been purchased with or maintained by fraudulently obtained funds or if ownership of the item has been maintained using fraudulently obtained funds. A court shall be required to find by a preponderance of the evidence that an item was purchased with or maintained by funds obtained by defrauding another person or that ownership of an item was maintained by funds obtained by defrauding another person in order to disqualify the item from eligibility for the personal property exemption. Amended by 2014 Tenn. Acts, ch. 803,s 1, eff. 7/1/2014. Acts 1978, ch. 915, § 3; 1980, ch. 919, § 2; T.C.A., § 26-202, T.C.A., § 26-2-102 ; Acts 2010, ch. 787, § 1.
(a) Personal property to the aggregate value of ten thousand dollars ($10,000) debtor's equity interest 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, and such person shall be entitled to this exemption without regard to the debtor's vocation or pursuit or to the ownership of the debtor's abode. Such person may select for exemption the items of the owned and possessed personal property, including money and funds on deposit with a bank or other financial institution, up to the aggregate value of ten thousand dollars ($10,000) debtor's equity interest.
(b) An item shall not be eligible, in whole or in part, for the personal property exemption provided by this part, if the item has been purchased with or maintained by fraudulently obtained funds or if ownership of the item has been maintained using fraudulently obtained funds. A court shall be required to find by a preponderance of the evidence that an item was purchased with or maintained by funds obtained by defrauding another person or that ownership of an item was maintained by funds obtained by defrauding another person in order to disqualify the item from eligibility for the personal property exemption.
Amended by 2014 Tenn. Acts, ch. 803,s 1, eff. 7/1/2014.
Acts 1978, ch. 915, § 3; 1980, ch. 919, § 2; T.C.A., § 26-202, T.C.A., § 26-2-102 ; Acts 2010, ch. 787, § 1.
Tenn. Code Ann. § 26-3-102 — TN Code / Title 26 / Chapter 3 / Section 26-3-102
Growing crops
Status: in_force

A levy may be made upon a growing crop, but not until November 15 after such crop is matured, and then only subject to the landlord's lien, if any. If, however, the owner of the crop absconds, conceals their whereabouts, or leaves the country, an attachment or execution may be levied on a standing crop at any time. Code 1858, § 3036 (deriv. Acts 1833, ch. 20, §§ 1-3); Shan., §4764; Code 1932, § 8894; T.C.A. (orig. ed.), § 26-402.
A levy may be made upon a growing crop, but not until November 15 after such crop is matured, and then only subject to the landlord's lien, if any. If, however, the owner of the crop absconds, conceals their whereabouts, or leaves the country, an attachment or execution may be levied on a standing crop at any time.
Code 1858, § 3036 (deriv. Acts 1833, ch. 20, §§ 1-3); Shan., §4764; Code 1932, § 8894; T.C.A. (orig. ed.), § 26-402.
Tenn. Code Ann. § 26-4-103 — TN Code / Title 26 / Chapter 4 / Section 26-4-103
Implementation of court's powers
Status: in_force

The court is empowered to order all such bonds and other instruments to be executed by either the complainant or defendant, and all such transfers to be made as may be necessary to carry the jurisdiction into complete effect. Code 1858, § 4285 (deriv. Acts 1832, ch. 11, § 2); Shan., § 6094; Code 1932, § 10355; T.C.A. (orig. ed.), § 26-603.
The court is empowered to order all such bonds and other instruments to be executed by either the complainant or defendant, and all such transfers to be made as may be necessary to carry the jurisdiction into complete effect.
Code 1858, § 4285 (deriv. Acts 1832, ch. 11, § 2); Shan., § 6094; Code 1932, § 10355; T.C.A. (orig. ed.), § 26-603.
Tenn. Code Ann. § 26-2-106 — TN Code / Title 26 / Chapter 2 / Section 26-2-106
Maximum amount of disposable earnings subject to garnishment - Garnishment costs
Status: in_force

(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.
(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.
(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.
Tenn. Code Ann. § 26-3-103 — TN Code / Title 26 / Chapter 3 / Section 26-3-103
Corporate property
Status: in_force

An execution against a corporation may be levied on its choses in action, as well as on the goods and chattels, lands and tenements, of such corporation; and in case of a levy on choses in action, the court may appoint a receiver to collect or conserve the same. Code 1858, § 3037 (deriv. Acts 1845-1846, ch. 55, § 4); Shan., §4765; mod. Code 1932, § 8895; T.C.A. (orig. ed.), § 26-403.
An execution against a corporation may be levied on its choses in action, as well as on the goods and chattels, lands and tenements, of such corporation; and in case of a levy on choses in action, the court may appoint a receiver to collect or conserve the same.
Code 1858, § 3037 (deriv. Acts 1845-1846, ch. 55, § 4); Shan., §4765; mod. Code 1932, § 8895; T.C.A. (orig. ed.), § 26-403.
Tenn. Code Ann. § 26-3-112 — TN Code / Title 26 / Chapter 3 / Section 26-3-112
Defendants refusing to join in delivery bond
Status: in_force

If there are more defendants than one (1) in the original execution, and any of them do not join in the delivery bond, the sureties on such bond shall be first liable before those defendants who refuse to join, to the extent of the liability incurred by the bond; but in the event the debt, or any portion of it, is paid by the surety on the bond, the surety on the bond shall be substituted to the rights of the defendant for whom that person is surety, as against the other defendants. Code 1858, § 3047; Shan., § 4775; Code 1932, § 8905; T.C.A. (orig. ed.), § 26-412.
If there are more defendants than one (1) in the original execution, and any of them do not join in the delivery bond, the sureties on such bond shall be first liable before those defendants who refuse to join, to the extent of the liability incurred by the bond; but in the event the debt, or any portion of it, is paid by the surety on the bond, the surety on the bond shall be substituted to the rights of the defendant for whom that person is surety, as against the other defendants.
Code 1858, § 3047; Shan., § 4775; Code 1932, § 8905; T.C.A. (orig. ed.), § 26-412.
Tenn. Code Ann. § 26-2-209 — TN Code / Title 26 / Chapter 2 / Section 26-2-209
Failure to appear or answer
Status: in_force

The date garnishee's answer is received by the court clerk shall be noted on the docket book in the proper manner, whether or not the answer discloses any property subject to garnishment. If the garnishee fails to appear or answer, a conditional judgment may be entered against the garnishee for the plaintiff's debt, upon which a notice shall issue to the garnishee returnable at such time as the court may require, to show cause why judgment final should not be rendered against the garnishee. On failure of the garnishee to appear and show cause, the conditional judgment shall be made final, and execution awarded for the plaintiff's entire debt and costs. Acts 1978, ch. 915, § 28; T.C.A., § 26-238.
The date garnishee's answer is received by the court clerk shall be noted on the docket book in the proper manner, whether or not the answer discloses any property subject to garnishment. If the garnishee fails to appear or answer, a conditional judgment may be entered against the garnishee for the plaintiff's debt, upon which a notice shall issue to the garnishee returnable at such time as the court may require, to show cause why judgment final should not be rendered against the garnishee. On failure of the garnishee to appear and show cause, the conditional judgment shall be made final, and execution awarded for the plaintiff's entire debt and costs.
Acts 1978, ch. 915, § 28; T.C.A., § 26-238.
Tenn. Code Ann. § 26-2-206 — TN Code / Title 26 / Chapter 2 / Section 26-2-206
Execution awarded for property in garnishee's hands
Status: in_force

If, upon the answer and the examination of the garnishee, it appears that the garnishee has property, debts, or effects in the garnishee's hands or under the garnishee's control, liable for the plaintiff's debt, judgment may be entered, and execution awarded for the property, money, or effects, as the case may be, or so much thereof as will be sufficient to satisfy the plaintiff's debt and costs and all charges incident to the proceedings. Acts 1978, ch. 915, § 25; T.C.A., § 26-235.
If, upon the answer and the examination of the garnishee, it appears that the garnishee has property, debts, or effects in the garnishee's hands or under the garnishee's control, liable for the plaintiff's debt, judgment may be entered, and execution awarded for the property, money, or effects, as the case may be, or so much thereof as will be sufficient to satisfy the plaintiff's debt and costs and all charges incident to the proceedings.
Acts 1978, ch. 915, § 25; T.C.A., § 26-235.
Tenn. Code Ann. § 26-6-208 — TN Code / Title 26 / Chapter 6 / Section 26-6-208
Stay of proceedings pending appeal of foreign-country judgment
Status: in_force

If a party establishes that an appeal from a foreign-country judgment is pending or will be taken, the court may stay any proceedings with regard to the foreign-country judgment until the appeal is concluded, the time for appeal expires, or the appellant has had sufficient time to prosecute the appeal and has failed to do so. Added by 2019 Tenn. Acts, ch. 278,s 1, eff. 7/1/2019.
If a party establishes that an appeal from a foreign-country judgment is pending or will be taken, the court may stay any proceedings with regard to the foreign-country judgment until the appeal is concluded, the time for appeal expires, or the appellant has had sufficient time to prosecute the appeal and has failed to do so.
Added by 2019 Tenn. Acts, ch. 278,s 1, eff. 7/1/2019.
Tenn. Code Ann. § 26-2-110 — TN Code / Title 26 / Chapter 2 / Section 26-2-110
Insurance benefits exempt
Status: in_force

(a) There shall be exempt from the claims of all creditors, and from execution, attachment, or garnishment, any sum or sums of money which may hereafter become due and payable to any person, who is a resident and citizen of this state, from any insurance company or other insurer, under the terms and provisions of any contracts of accident, health, or disability insurance insuring the assured against loss by reason of accidental personal injuries, or insuring the assured against loss by reason of physical disability resulting from disease. (b) In the event of the death of any such person so insured as set out in subsection (a), any sum or sums of money so due and payable at the time of the death of the insured shall likewise be exempt from the claims of all creditors and from execution, attachment or garnishment, in the same manner as provided in §§ 56-7-201 , 56-7-203 . (c) As regards those cases where disability may have begun prior to May 21, 1937, the exemptions granted in subsections (a) and (b) shall apply to installment payments under such contract or contracts of insurance which may become due and payable for such weekly, monthly or other installment term (as determined by the contract of insurance) as may have commenced on or after such date. Acts 1978, ch. 915, §§ 15-17; T.C.A., §§ 26-214 -- 26-216.
(a) There shall be exempt from the claims of all creditors, and from execution, attachment, or garnishment, any sum or sums of money which may hereafter become due and payable to any person, who is a resident and citizen of this state, from any insurance company or other insurer, under the terms and provisions of any contracts of accident, health, or disability insurance insuring the assured against loss by reason of accidental personal injuries, or insuring the assured against loss by reason of physical disability resulting from disease.
(b) In the event of the death of any such person so insured as set out in subsection (a), any sum or sums of money so due and payable at the time of the death of the insured shall likewise be exempt from the claims of all creditors and from execution, attachment or garnishment, in the same manner as provided in §§ 56-7-201 , 56-7-203 .
(c) As regards those cases where disability may have begun prior to May 21, 1937, the exemptions granted in subsections (a) and (b) shall apply to installment payments under such contract or contracts of insurance which may become due and payable for such weekly, monthly or other installment term (as determined by the contract of insurance) as may have commenced on or after such date.
Acts 1978, ch. 915, §§ 15-17; T.C.A., §§ 26-214 -- 26-216.
Tenn. Code Ann. § 26-3-108 — TN Code / Title 26 / Chapter 3 / Section 26-3-108
Endorsement of description of property
Status: in_force

A description of the property levied on, with the date of the levy, shall be endorsed upon or appended to the execution. Code 1858, § 3027; Shan., § 4755; Code 1932, § 8889; T.C.A. (orig. ed.), § 26-408.
A description of the property levied on, with the date of the levy, shall be endorsed upon or appended to the execution.
Code 1858, § 3027; Shan., § 4755; Code 1932, § 8889; T.C.A. (orig. ed.), § 26-408.
Tenn. Code Ann. § 26-2-307 — TN Code / Title 26 / Chapter 2 / Section 26-2-307
Right of selection
Status: in_force

Each individual who is entitled to a homestead exemption shall have the right to elect where the homestead shall be set apart. Acts 1879, ch. 171, § 1; Shan., § 3800; Code 1932, § 7721; Acts 1979, ch. 61, § 5; T.C.A., § 26-308.
Each individual who is entitled to a homestead exemption shall have the right to elect where the homestead shall be set apart.
Acts 1879, ch. 171, § 1; Shan., § 3800; Code 1932, § 7721; Acts 1979, ch. 61, § 5; T.C.A., § 26-308.
Tenn. Code Ann. § 26-2-212 — TN Code / Title 26 / Chapter 2 / Section 26-2-212
Certificate given to garnishee stating date and amount of judgment
Status: in_force

The garnishee against whom judgment has been rendered is entitled to a certificate from the clerk stating the date and amount of the garnishment judgment, in whose favor and in what case rendered. Such certificate shall have all the force and effect of a receipt against the original debt, and entitle the garnishee to a credit to the amount thereof on the original judgment, or on the execution if already issued, to be entered by the officer. Acts 1978, ch. 915, § 31; T.C.A., § 26-241.
The garnishee against whom judgment has been rendered is entitled to a certificate from the clerk stating the date and amount of the garnishment judgment, in whose favor and in what case rendered. Such certificate shall have all the force and effect of a receipt against the original debt, and entitle the garnishee to a credit to the amount thereof on the original judgment, or on the execution if already issued, to be entered by the officer.
Acts 1978, ch. 915, § 31; T.C.A., § 26-241.
Tenn. Code Ann. § 26-6-102 — TN Code / Title 26 / Chapter 6 / Section 26-6-102
Construction for uniformity
Status: in_force

This part shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it. Amended by 2019 Tenn. Acts, ch. 278,s 2, eff. 7/1/2019. Acts 1976, ch. 530, § 6; T.C.A., § 26-806.
This part shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.
Amended by 2019 Tenn. Acts, ch. 278,s 2, eff. 7/1/2019.
Acts 1976, ch. 530, § 6; T.C.A., § 26-806.
Tenn. Code Ann. § 26-5-111 — TN Code / Title 26 / Chapter 5 / Section 26-5-111
Purchaser's right to deed
Status: in_force

The purchaser, after payment of the money bid at execution, or the person succeeding to the purchaser's rights, may, at any time, either within or after the expiration of the two (2) years allowed for redemption, demand from the officer or the officer's successor a deed, who shall execute it accordingly. Code 1858, § 3056; Shan., § 4783; Code 1932, § 8913; T.C.A. (orig. ed.), § 26-716.
The purchaser, after payment of the money bid at execution, or the person succeeding to the purchaser's rights, may, at any time, either within or after the expiration of the two (2) years allowed for redemption, demand from the officer or the officer's successor a deed, who shall execute it accordingly.
Code 1858, § 3056; Shan., § 4783; Code 1932, § 8913; T.C.A. (orig. ed.), § 26-716.
Tenn. Code Ann. § 26-3-105 — TN Code / Title 26 / Chapter 3 / Section 26-3-105
Principal's property sold before surety's
Status: in_force

(a) Where the judgment or decree is against a principal and the principal's surety, it shall be the duty of the officer having the collection thereof to exhaust the property of the principal, both real and personal, before proceeding to sell the property of the surety. (b) "Surety," in this section, shall embrace accommodation endorsers, stayors, and all other persons whose liability on the debt or contract is posterior to that of another. (c) The surety shall, if requested by the officer, show the property of the principal, to entitle the surety to the benefit of this section. Code 1858, §§ 3028, 3029 (deriv. Acts 1820 Private, ch. 120, §6; 1843-1844, ch. 32, § 1); Shan., §§ 4756, 4757; Code 1932, §§ 8889a, 8890; T.C.A. (orig. ed.), § 26-405.
(a) Where the judgment or decree is against a principal and the principal's surety, it shall be the duty of the officer having the collection thereof to exhaust the property of the principal, both real and personal, before proceeding to sell the property of the surety.
(b) "Surety," in this section, shall embrace accommodation endorsers, stayors, and all other persons whose liability on the debt or contract is posterior to that of another.
(c) The surety shall, if requested by the officer, show the property of the principal, to entitle the surety to the benefit of this section.
Code 1858, §§ 3028, 3029 (deriv. Acts 1820 Private, ch. 120, §6; 1843-1844, ch. 32, § 1); Shan., §§ 4756, 4757; Code 1932, §§ 8889a, 8890; T.C.A. (orig. ed.), § 26-405.
Tenn. Code Ann. § 26-2-115 — TN Code / Title 26 / Chapter 2 / Section 26-2-115
Examination of judgment debtor and others
Status: in_force

(a) Upon proper application by the judgment creditor, the judgment creditor may examine any person, including the judgment debtor, in order to determine the truth and correctness of the facts stated in the judgment debtor's listing as provided in § 26-2-114 . (b) Upon application of the judgment creditor, the court may inquire into the truth and sufficiency of the debtor's claim for exemption, and may, where the debtor knowingly makes false claim for exemption, enter an order denying the debtor the right to make further claim for exemption as to that creditor's judgment. The clerk shall immediately forward a copy thereof to the employer. The creditor may likewise challenge the employer's answer in the manner now provided by law. Acts 1978, ch. 915, §§ 6, 10; T.C.A., §§ 26-205, 26-209.
(a) Upon proper application by the judgment creditor, the judgment creditor may examine any person, including the judgment debtor, in order to determine the truth and correctness of the facts stated in the judgment debtor's listing as provided in § 26-2-114 .
(b) Upon application of the judgment creditor, the court may inquire into the truth and sufficiency of the debtor's claim for exemption, and may, where the debtor knowingly makes false claim for exemption, enter an order denying the debtor the right to make further claim for exemption as to that creditor's judgment. The clerk shall immediately forward a copy thereof to the employer. The creditor may likewise challenge the employer's answer in the manner now provided by law.
Acts 1978, ch. 915, §§ 6, 10; T.C.A., §§ 26-205, 26-209.
Tenn. Code Ann. § 26-1-206 — TN Code / Title 26 / Chapter 1 / Section 26-1-206
Accelerated execution
Status: in_force

(a) After the adjournment of the court, and before the expiration of the time prescribed by §§ 26-1-202 - 26-1-206, the clerk shall issue execution without delay, upon affidavit made and filed in that clerk's office, that the defendant is about fraudulently to dispose of, conceal, or remove the defendant's property, to the endangering of plaintiff's debt. (b) Upon the rendition of judgment or decree, execution may be issued, by leave of the court, before the adjournment thereof, the plaintiff or the plaintiff's agent or attorney of the plaintiff, showing sufficient cause by affidavit. (c) In like manner, general sessions courts may, immediately after judgment and before the expiration of the time allowed by law for the stay of execution, issue execution on good cause shown by affidavit; and affidavit by the plaintiff, or the plaintiff's agent or attorney of the plaintiff, as prescribed in subsection (a), shall be good cause within the meaning of this subsection (c). (d) The issuance of execution under subsections (b) and (c), shall not deprive the defendant of any right the defendant would otherwise have had. Code 1858, §§ 3009-3012 (deriv. Acts 1835-1836, ch. 17, § 10); Shan., §§ 4737-4740; Code 1932, §§ 8871-8874; impl. am. Acts 1979, ch. 68, §§ 2, 3; modified; T.C.A. (orig. ed.), §§ 26-116 -- 26-119.
(a) After the adjournment of the court, and before the expiration of the time prescribed by §§ 26-1-202 - 26-1-206, the clerk shall issue execution without delay, upon affidavit made and filed in that clerk's office, that the defendant is about fraudulently to dispose of, conceal, or remove the defendant's property, to the endangering of plaintiff's debt.
(b) Upon the rendition of judgment or decree, execution may be issued, by leave of the court, before the adjournment thereof, the plaintiff or the plaintiff's agent or attorney of the plaintiff, showing sufficient cause by affidavit.
(c) In like manner, general sessions courts may, immediately after judgment and before the expiration of the time allowed by law for the stay of execution, issue execution on good cause shown by affidavit; and affidavit by the plaintiff, or the plaintiff's agent or attorney of the plaintiff, as prescribed in subsection (a), shall be good cause within the meaning of this subsection (c).
(d) The issuance of execution under subsections (b) and (c), shall not deprive the defendant of any right the defendant would otherwise have had.
Code 1858, §§ 3009-3012 (deriv. Acts 1835-1836, ch. 17, § 10); Shan., §§ 4737-4740; Code 1932, §§ 8871-8874; impl. am. Acts 1979, ch. 68, §§ 2, 3; modified; T.C.A. (orig. ed.), §§ 26-116 -- 26-119.
Tenn. Code Ann. § 26-2-312 — TN Code / Title 26 / Chapter 2 / Section 26-2-312
Property purchased with or maintained by fraudulently obtained funds ineligible for homestead exemption
Status: in_force

Property shall not be eligible, in whole or in part, for the homestead exemption provided by this part, if the property has been purchased with or maintained by fraudulently obtained funds or if ownership of the property has been maintained using fraudulently obtained funds. A court shall be required to find by a preponderance of the evidence that the property was purchased with or maintained by funds obtained by defrauding another person or that ownership of the property was maintained by funds obtained by defrauding another person in order to disqualify the property from eligibility for the homestead exemption. Added by 2014 Tenn. Acts, ch. 803,s 2, eff. 7/1/2014.
Property shall not be eligible, in whole or in part, for the homestead exemption provided by this part, if the property has been purchased with or maintained by fraudulently obtained funds or if ownership of the property has been maintained using fraudulently obtained funds. A court shall be required to find by a preponderance of the evidence that the property was purchased with or maintained by funds obtained by defrauding another person or that ownership of the property was maintained by funds obtained by defrauding another person in order to disqualify the property from eligibility for the homestead exemption.
Added by 2014 Tenn. Acts, ch. 803,s 2, eff. 7/1/2014.
Tenn. Code Ann. § 26-2-108 — TN Code / Title 26 / Chapter 2 / Section 26-2-108
Personal earnings not exempt from order for alimony or child support
Status: in_force

The personal earnings of the debtor shall not be exempt from an order, judgment, decree, installment thereof, or assignment for support as provided in title 36, chapter 5 and/or § 50-2-105 , when such order, judgment or decree is rendered for the support of such debtor's minor child or children; nor when such order, decree or judgment is for alimony and the party in whose favor such order was rendered has not remarried. Acts 1978, ch. 915, § 12; T.C.A., § 26-211; Acts 1981, ch. 61, § 2; 1990, ch. 789, § 3.
The personal earnings of the debtor shall not be exempt from an order, judgment, decree, installment thereof, or assignment for support as provided in title 36, chapter 5 and/or § 50-2-105 , when such order, judgment or decree is rendered for the support of such debtor's minor child or children; nor when such order, decree or judgment is for alimony and the party in whose favor such order was rendered has not remarried.
Acts 1978, ch. 915, § 12; T.C.A., § 26-211; Acts 1981, ch. 61, § 2; 1990, ch. 789, § 3.
Tenn. Code Ann. § 26-5-103 — TN Code / Title 26 / Chapter 5 / Section 26-5-103
Notice to defendant occupying land
Status: in_force

If the defendant is in actual possession and occupation of the land levied on, the officer having the execution shall, at least twenty (20) days prior to such sale, serve the defendant with written notice, stating that the execution is levied on the land, and mentioning the time and place of sale; and sales made without the notice required in this section are voidable. Code 1858, § 3042 (deriv. Acts 1799, ch. 14, § 1; 1855-1856, ch. 83, §2); Shan., § 4770; mod. Code 1932, § 8900; T.C.A. (orig. ed.), § 26-703.
If the defendant is in actual possession and occupation of the land levied on, the officer having the execution shall, at least twenty (20) days prior to such sale, serve the defendant with written notice, stating that the execution is levied on the land, and mentioning the time and place of sale; and sales made without the notice required in this section are voidable.
Code 1858, § 3042 (deriv. Acts 1799, ch. 14, § 1; 1855-1856, ch. 83, §2); Shan., § 4770; mod. Code 1932, § 8900; T.C.A. (orig. ed.), § 26-703.
Tenn. Code Ann. § 26-2-113 — TN Code / Title 26 / Chapter 2 / Section 26-2-113
Exemptions in criminal cases - Exemptions not applicable in certain cases
Status: in_force

Property exempted by this part shall be exempt from seizure in criminal as well as in civil cases, but the same shall not be exempt from distress or sale for taxes; or for fines and costs for voting out of the civil district or ward in which the voter lives; or for carrying deadly or concealed weapons contrary to law; or for giving away or selling intoxicating liquors on election days. Acts 1978, ch. 915, § 13; modified; T.C.A., § 26-212.
Property exempted by this part shall be exempt from seizure in criminal as well as in civil cases, but the same shall not be exempt from distress or sale for taxes; or for fines and costs for voting out of the civil district or ward in which the voter lives; or for carrying deadly or concealed weapons contrary to law; or for giving away or selling intoxicating liquors on election days.
Acts 1978, ch. 915, § 13; modified; T.C.A., § 26-212.
Tenn. Code Ann. § 26-3-117 — TN Code / Title 26 / Chapter 3 / Section 26-3-117
Costs to be paid by plaintiff - Recovery from defendant
Status: in_force

In addition to any other fees required by law for levy of execution on tangible personal property, the plaintiff in a civil proceeding who causes an execution to be issued for levy of personal property shall pay the cost incurred by the court, sheriff, or other officers for transportation of the attached property to a storage facility, storage fees, advertisement fees, court costs, and any other necessary cost incurred by such officials. The plaintiff shall have a right of recovery from the defendant for all such costs. Acts 1978, ch. 652, § 1; T.C.A., § 26-417.
In addition to any other fees required by law for levy of execution on tangible personal property, the plaintiff in a civil proceeding who causes an execution to be issued for levy of personal property shall pay the cost incurred by the court, sheriff, or other officers for transportation of the attached property to a storage facility, storage fees, advertisement fees, court costs, and any other necessary cost incurred by such officials. The plaintiff shall have a right of recovery from the defendant for all such costs.
Acts 1978, ch. 652, § 1; T.C.A., § 26-417.
Tenn. Code Ann. § 26-2-406 — TN Code / Title 26 / Chapter 2 / Section 26-2-406
Mailing of garnishment to judgment debtor
Status: in_force

A sheriff or other officer who summons a garnishee shall provide the garnishee with three (3) copies of the garnishment summons providing the completed notice required by § 26-2-404 or by § 26-2-216 , whichever is applicable. On that same or the next working day, the garnishee shall determine if such garnishee possesses or controls money or property of the judgment debtor; and if so, within that same time period shall furnish a copy of the garnishment summons and notice by mailing them first class, postage prepaid, to the judgment debtor's last known address as shown by the garnishee's records, or by actual delivery to the judgment debtor. If the address as shown by the garnishee's records differs from that provided by the creditor as shown on the bottom of the completed notice, the garnishee shall also mail a copy of the garnishment and notice to the judgment debtor at the latter address by first class mail, postage prepaid. Acts 1988, ch. 934, § 8.
A sheriff or other officer who summons a garnishee shall provide the garnishee with three (3) copies of the garnishment summons providing the completed notice required by § 26-2-404 or by § 26-2-216 , whichever is applicable. On that same or the next working day, the garnishee shall determine if such garnishee possesses or controls money or property of the judgment debtor; and if so, within that same time period shall furnish a copy of the garnishment summons and notice by mailing them first class, postage prepaid, to the judgment debtor's last known address as shown by the garnishee's records, or by actual delivery to the judgment debtor. If the address as shown by the garnishee's records differs from that provided by the creditor as shown on the bottom of the completed notice, the garnishee shall also mail a copy of the garnishment and notice to the judgment debtor at the latter address by first class mail, postage prepaid.
Acts 1988, ch. 934, § 8.
Tenn. Code Ann. § 26-3-106 — TN Code / Title 26 / Chapter 3 / Section 26-3-106
Order of levy on parties secondarily liable
Status: in_force

(a) After exhausting the property of the principal, it shall be the duty of the officer to subject the property of the other parties in the order of their liability on the debt or contract. (b) The party subsequently liable shall, if requested by the officers, show the property of the prior liable party to secure the benefit of this section. Code 1858, § 3030 (deriv. Acts 1843-1844, ch. 32, § 1); Shan., §4758; Code 1932, § 8891; T.C.A. (orig. ed.), § 26-406.
(a) After exhausting the property of the principal, it shall be the duty of the officer to subject the property of the other parties in the order of their liability on the debt or contract.
(b) The party subsequently liable shall, if requested by the officers, show the property of the prior liable party to secure the benefit of this section.
Code 1858, § 3030 (deriv. Acts 1843-1844, ch. 32, § 1); Shan., §4758; Code 1932, § 8891; T.C.A. (orig. ed.), § 26-406.
Tenn. Code Ann. § 26-2-410 — TN Code / Title 26 / Chapter 2 / Section 26-2-410
Hearing on exemptions - Notice
Status: in_force

Upon the filing of a motion to quash or other motion claiming exemption rights by the judgment debtor, the clerk shall immediately schedule a hearing on the motion. The court shall conduct the hearing and adjudicate the matter promptly, and in no event later than fourteen (14) days from the filing of the motion. Nothing in this section shall be construed to prohibit the ability of judges to interchange with each other as provided in title 17, chapter 2. The clerk shall provide reasonable notice to the judgment debtor and creditor of the time, date, and place of hearing. Acts 1988, ch. 934, § 12.
Upon the filing of a motion to quash or other motion claiming exemption rights by the judgment debtor, the clerk shall immediately schedule a hearing on the motion. The court shall conduct the hearing and adjudicate the matter promptly, and in no event later than fourteen (14) days from the filing of the motion. Nothing in this section shall be construed to prohibit the ability of judges to interchange with each other as provided in title 17, chapter 2. The clerk shall provide reasonable notice to the judgment debtor and creditor of the time, date, and place of hearing.
Acts 1988, ch. 934, § 12.
Tenn. Code Ann. § 26-5-101 — TN Code / Title 26 / Chapter 5 / Section 26-5-101
Publication and posting of notice
Status: in_force

(a) (1) The officer making a levy on land shall publish such sale at least three (3) different times in a newspaper published in the county where the sale is to be made. (2) The first publication shall be at least twenty (20) days prior to the sale, unless the amount of the indebtedness for the payment of which the property is being sold does not amount to more than two hundred dollars ($200), in which event the owner of the property may order that advertisement be made by written notices posted as provided in § 35-5-103 , instead of by notices published in a newspaper. (3) If no newspaper is published in the county in which the land is to be sold, the advertisement in a newspaper, unless ordered by court, is dispensed with and such land shall be sold in accordance with § 35-5-103 . (b) (1) If the sale be of personalty, the officer shall advertise the time and place of the sale in at least five (5) public places in the officer's county, one (1) of which shall be the door of the courthouse, and another, at the most public place in the neighborhood of the defendant. (2) Constables residing out of the district including the county seat, shall not be required to advertise the sale of personalty at the courthouse door. Code 1858, § 3039 (deriv. Acts 1813, ch. 103, § 2; 1855-1856, ch. 83, §3); Shan., § 4767; Code 1932, § 8897; Acts 1943, ch. 123, § 3; C. Supp. 1950, § 8897; Acts 1957, ch. 41, § 2; T.C.A. (orig. ed.), § 26-701.
(a) (1) The officer making a levy on land shall publish such sale at least three (3) different times in a newspaper published in the county where the sale is to be made. (2) The first publication shall be at least twenty (20) days prior to the sale, unless the amount of the indebtedness for the payment of which the property is being sold does not amount to more than two hundred dollars ($200), in which event the owner of the property may order that advertisement be made by written notices posted as provided in § 35-5-103 , instead of by notices published in a newspaper. (3) If no newspaper is published in the county in which the land is to be sold, the advertisement in a newspaper, unless ordered by court, is dispensed with and such land shall be sold in accordance with § 35-5-103 .
(1) The officer making a levy on land shall publish such sale at least three (3) different times in a newspaper published in the county where the sale is to be made.
(2) The first publication shall be at least twenty (20) days prior to the sale, unless the amount of the indebtedness for the payment of which the property is being sold does not amount to more than two hundred dollars ($200), in which event the owner of the property may order that advertisement be made by written notices posted as provided in § 35-5-103 , instead of by notices published in a newspaper.
(3) If no newspaper is published in the county in which the land is to be sold, the advertisement in a newspaper, unless ordered by court, is dispensed with and such land shall be sold in accordance with § 35-5-103 .
(b) (1) If the sale be of personalty, the officer shall advertise the time and place of the sale in at least five (5) public places in the officer's county, one (1) of which shall be the door of the courthouse, and another, at the most public place in the neighborhood of the defendant. (2) Constables residing out of the district including the county seat, shall not be required to advertise the sale of personalty at the courthouse door.
(1) If the sale be of personalty, the officer shall advertise the time and place of the sale in at least five (5) public places in the officer's county, one (1) of which shall be the door of the courthouse, and another, at the most public place in the neighborhood of the defendant.
(2) Constables residing out of the district including the county seat, shall not be required to advertise the sale of personalty at the courthouse door.
Code 1858, § 3039 (deriv. Acts 1813, ch. 103, § 2; 1855-1856, ch. 83, §3); Shan., § 4767; Code 1932, § 8897; Acts 1943, ch. 123, § 3; C. Supp. 1950, § 8897; Acts 1957, ch. 41, § 2; T.C.A. (orig. ed.), § 26-701.
Tenn. Code Ann. § 26-3-116 — TN Code / Title 26 / Chapter 3 / Section 26-3-116
Delivery bonds on official default
Status: in_force

The provisions of §§ 26-3-109 - 26-3-115, allowing delivery bonds, do not apply to executions issued on judgments or decrees against sheriffs, coroners, or other officers of court against whom judgment is obtained for failing to pay over money collected or paid to them in an official capacity, and the clerk shall endorse on all such executions, "No delivery bond to be taken." Code 1858, § 3051; Shan., § 4779; Code 1932, § 8909; T.C.A. (orig. ed.), § 26-416.
The provisions of §§ 26-3-109 - 26-3-115, allowing delivery bonds, do not apply to executions issued on judgments or decrees against sheriffs, coroners, or other officers of court against whom judgment is obtained for failing to pay over money collected or paid to them in an official capacity, and the clerk shall endorse on all such executions, "No delivery bond to be taken."
Code 1858, § 3051; Shan., § 4779; Code 1932, § 8909; T.C.A. (orig. ed.), § 26-416.
Tenn. Code Ann. § 26-2-208 — TN Code / Title 26 / Chapter 2 / Section 26-2-208
Delivery of garnisheed property - Judgment for nondelivery
Status: in_force

As soon as the property is declared to be the property of the defendant, under §§ 26-2-206 and 26-2-207 , it shall be delivered up to the officer serving the garnishment, on demand. On failure to deliver such property, and a return made on the execution of that fact, judgment shall be entered immediately against the garnishee, for the debt and costs. Acts 1978, ch. 915, § 27; T.C.A., § 26-237.
As soon as the property is declared to be the property of the defendant, under §§ 26-2-206 and 26-2-207 , it shall be delivered up to the officer serving the garnishment, on demand. On failure to deliver such property, and a return made on the execution of that fact, judgment shall be entered immediately against the garnishee, for the debt and costs.
Acts 1978, ch. 915, § 27; T.C.A., § 26-237.
Tenn. Code Ann. § 26-1-202 — TN Code / Title 26 / Chapter 1 / Section 26-1-202
Time of issuance from Supreme Court
Status: in_force

Each clerk of the supreme court is authorized and directed to issue execution and writ of possession upon any final judgment or decree of the supreme court for such clerk's division at any time after the expiration of the ten (10) days allowed for the filing of petition to rehear after the final judgment or decree is rendered by the court. Acts 1903, ch. 58, § 1; 1907, ch. 82, § 6; Shan., § 4733a1; mod. Code 1932, § 8867; mod. C. Supp. 1950, § 8867; T.C.A. (orig. ed.), § 26-112.
Each clerk of the supreme court is authorized and directed to issue execution and writ of possession upon any final judgment or decree of the supreme court for such clerk's division at any time after the expiration of the ten (10) days allowed for the filing of petition to rehear after the final judgment or decree is rendered by the court.
Acts 1903, ch. 58, § 1; 1907, ch. 82, § 6; Shan., § 4733a1; mod. Code 1932, § 8867; mod. C. Supp. 1950, § 8867; T.C.A. (orig. ed.), § 26-112.
Tenn. Code Ann. § 26-2-102 — TN Code / Title 26 / Chapter 2 / Section 26-2-102
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Earnings" means the compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonus, or otherwise, and includes periodic payments pursuant to a pension or retirement program; (2) "Disposable earnings" means that part of the earnings of an individual remaining after the deduction from those earnings of any amounts required by law to be withheld; and (3) "Garnishment" means any legal or equitable procedure through which the earnings of an individual are required to be withheld for payment of any debt. Acts 1978, ch. 915, § 8; T.C.A., § 26-207, T.C.A., § 26-2-105 .
As used in this part, unless the context otherwise requires:
(1) "Earnings" means the compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonus, or otherwise, and includes periodic payments pursuant to a pension or retirement program;
(2) "Disposable earnings" means that part of the earnings of an individual remaining after the deduction from those earnings of any amounts required by law to be withheld; and
(3) "Garnishment" means any legal or equitable procedure through which the earnings of an individual are required to be withheld for payment of any debt.
Acts 1978, ch. 915, § 8; T.C.A., § 26-207, T.C.A., § 26-2-105 .
Tenn. Code Ann. § 26-2-211 — TN Code / Title 26 / Chapter 2 / Section 26-2-211
Execution stayed until choses in action become due
Status: in_force

Execution of the garnishment judgment may be stayed until the choses in action fall due, and the court may order them to be collected, or if necessary, sold, as may be deemed just and proper. Acts 1978, ch. 915, § 30; T.C.A., § 26-240.
Execution of the garnishment judgment may be stayed until the choses in action fall due, and the court may order them to be collected, or if necessary, sold, as may be deemed just and proper.
Acts 1978, ch. 915, § 30; T.C.A., § 26-240.
Tenn. Code Ann. § 26-1-203 — TN Code / Title 26 / Chapter 1 / Section 26-1-203
Time of issuance from courts of record
Status: in_force

The clerks of the various courts of record may issue writs of possession and execution in any case at any time after thirty (30) days after judgment. Code 1858, § 3005; Acts 1868-1869, ch. 47, § 1; 1870-1871, ch. 62, § 1; Shan., § 4734; mod. Code 1932, § 8868; T.C.A. (orig. ed.), § 26-113; Acts 1985, ch. 131, § 3.
The clerks of the various courts of record may issue writs of possession and execution in any case at any time after thirty (30) days after judgment.
Code 1858, § 3005; Acts 1868-1869, ch. 47, § 1; 1870-1871, ch. 62, § 1; Shan., § 4734; mod. Code 1932, § 8868; T.C.A. (orig. ed.), § 26-113; Acts 1985, ch. 131, § 3.
Tenn. Code Ann. § 26-2-302 — TN Code / Title 26 / Chapter 2 / Section 26-2-302
Life estates and equitable estates
Status: in_force

Section 26-2-301 shall apply to life estates and equitable estates which are owned by an individual and used by the individual or individual's spouse or dependent as a principal place of residence. The homestead exemption in such estates shall be set apart as the court may prescribe in ordering the sale. Acts 1870, ch. 80, § 2; Shan., § 3801; Code 1932, § 7722; Acts 1979, ch. 61, § 2; T.C.A., § 26-303.
Section 26-2-301 shall apply to life estates and equitable estates which are owned by an individual and used by the individual or individual's spouse or dependent as a principal place of residence. The homestead exemption in such estates shall be set apart as the court may prescribe in ordering the sale.
Acts 1870, ch. 80, § 2; Shan., § 3801; Code 1932, § 7722; Acts 1979, ch. 61, § 2; T.C.A., § 26-303.
Tenn. Code Ann. § 26-1-108 — TN Code / Title 26 / Chapter 1 / Section 26-1-108
Return of original before issue of alias execution
Status: in_force

No alias or pluries execution shall issue until the previous execution is returned, or satisfactorily accounted for by affidavit. Code 1858, § 3020 (deriv. Acts 1794, ch. 1, § 17); Shan., § 4748; Code 1932, § 8882; T.C.A. (orig. ed.), § 26-109.
No alias or pluries execution shall issue until the previous execution is returned, or satisfactorily accounted for by affidavit.
Code 1858, § 3020 (deriv. Acts 1794, ch. 1, § 17); Shan., § 4748; Code 1932, § 8882; T.C.A. (orig. ed.), § 26-109.
Tenn. Code Ann. § 26-1-303 — TN Code / Title 26 / Chapter 1 / Section 26-1-303
Penalties for failure to endorse or docket
Status: in_force

Any clerk neglecting § 26-1-301 or § 26-1-302 is liable to a penalty of one hundred twenty-five dollars ($125), to be recovered by action, one-half (½) to the informer and the other one-half (½) to the state, to damages at the suit of the party aggrieved, and commits a Class C misdemeanor, for which, on conviction, such clerk shall be removed from office. Code 1858, § 3017 (deriv. Acts 1794, ch. 1, § 9); Shan., § 4745; Code 1932, § 8879; modified; T.C.A. (orig. ed.), § 26-123; Acts 1989, ch. 591, § 113.
Any clerk neglecting § 26-1-301 or § 26-1-302 is liable to a penalty of one hundred twenty-five dollars ($125), to be recovered by action, one-half (½) to the informer and the other one-half (½) to the state, to damages at the suit of the party aggrieved, and commits a Class C misdemeanor, for which, on conviction, such clerk shall be removed from office.
Code 1858, § 3017 (deriv. Acts 1794, ch. 1, § 9); Shan., § 4745; Code 1932, § 8879; modified; T.C.A. (orig. ed.), § 26-123; Acts 1989, ch. 591, § 113.
Tenn. Code Ann. § 26-5-106 — TN Code / Title 26 / Chapter 5 / Section 26-5-106
Transfer of corporate stock
Status: in_force

(a) Upon the sale of corporate stock or shares by execution, the officer, on receiving from the purchaser the amount of the purchaser's bid, shall execute and deliver to the purchaser an assignment of the certificate of shares sold. (b) The officer's return of the sale on the back of the execution shall be notice to all the world of the fact of sale. (c) On presentation to the proper officer of the company of such assignment, the officer shall transfer the shares on the proper book, to the purchaser or assignee. Code 1858, § 3053 (deriv. Acts 1857-1858 Private, ch. 163, § 16); Shan., § 4780; mod. Code 1932, § 8910; T.C.A. (orig. ed.), § 26-706.
(a) Upon the sale of corporate stock or shares by execution, the officer, on receiving from the purchaser the amount of the purchaser's bid, shall execute and deliver to the purchaser an assignment of the certificate of shares sold.
(b) The officer's return of the sale on the back of the execution shall be notice to all the world of the fact of sale.
(c) On presentation to the proper officer of the company of such assignment, the officer shall transfer the shares on the proper book, to the purchaser or assignee.
Code 1858, § 3053 (deriv. Acts 1857-1858 Private, ch. 163, § 16); Shan., § 4780; mod. Code 1932, § 8910; T.C.A. (orig. ed.), § 26-706.
Tenn. Code Ann. § 26-1-301 — TN Code / Title 26 / Chapter 1 / Section 26-1-301
Endorsement on execution
Status: in_force

The clerk shall endorse on the execution, when issued, the date and amount of the judgment, and the items of the bill of costs, written in words, and the amounts distinctly stated in figures, and the date of issuance. Code 1858, § 3015 (deriv. Acts 1794, ch. 1, § 9; 1796, ch. 7, § 9; 1803, ch. 6, § 2); Shan., § 4743; Code 1932, § 8877; modified; T.C.A. (orig. ed.), § 26-121.
The clerk shall endorse on the execution, when issued, the date and amount of the judgment, and the items of the bill of costs, written in words, and the amounts distinctly stated in figures, and the date of issuance.
Code 1858, § 3015 (deriv. Acts 1794, ch. 1, § 9; 1796, ch. 7, § 9; 1803, ch. 6, § 2); Shan., § 4743; Code 1932, § 8877; modified; T.C.A. (orig. ed.), § 26-121.
Tenn. Code Ann. § 26-1-102 — TN Code / Title 26 / Chapter 1 / Section 26-1-102
Attachment in nature of execution
Status: in_force

In all cases where judicial process or execution, according to the principles of the common law, cannot be made to apply to the purpose of carrying into effect any judgment or decree of a court of record, the court may enforce the judgment or decree by attachment for contempt, in the nature of an execution. The proceedings under this writ are the same as are prescribed by this Code for the enforcement of the decrees of the chancery court, in §§ 21-1-801 - 21-1-809. Code 1858, §§ 3104, 3105 (deriv. Acts 1801, ch. 6, § 22); Shan., §§ 4832, 4833; Code 1932, §§ 8963, 8964; T.C.A. (orig. ed.), § 26-102.
In all cases where judicial process or execution, according to the principles of the common law, cannot be made to apply to the purpose of carrying into effect any judgment or decree of a court of record, the court may enforce the judgment or decree by attachment for contempt, in the nature of an execution. The proceedings under this writ are the same as are prescribed by this Code for the enforcement of the decrees of the chancery court, in §§ 21-1-801 - 21-1-809.
Code 1858, §§ 3104, 3105 (deriv. Acts 1801, ch. 6, § 22); Shan., §§ 4832, 4833; Code 1932, §§ 8963, 8964; T.C.A. (orig. ed.), § 26-102.
Tenn. Code Ann. § 26-2-219 — TN Code / Title 26 / Chapter 2 / Section 26-2-219
Failure to comply with agreement
Status: in_force

(a) Should the judgment debtor fail to strictly comply with the terms of an agreement as provided by § 26-2-218 , the stay of execution by garnishment shall immediately become null and void. (b) Upon the stay of execution by garnishment becoming void and the issuance and service of garnishment having taken place prior to the proceeding to obtain a stay of garnishment, the lien on wages provided by this section shall have priority over all liens executed subsequent to the original date of issuance. Acts 1978, ch. 915, § 38; T.C.A., § 26-248.
(a) Should the judgment debtor fail to strictly comply with the terms of an agreement as provided by § 26-2-218 , the stay of execution by garnishment shall immediately become null and void.
(b) Upon the stay of execution by garnishment becoming void and the issuance and service of garnishment having taken place prior to the proceeding to obtain a stay of garnishment, the lien on wages provided by this section shall have priority over all liens executed subsequent to the original date of issuance.
Acts 1978, ch. 915, § 38; T.C.A., § 26-248.
Tenn. Code Ann. § 26-6-203 — TN Code / Title 26 / Chapter 6 / Section 26-6-203
Applicability
Status: in_force

(a) Except as otherwise provided in subsection (b), this part applies to a foreign-country judgment to the extent that the judgment: (1) Grants or denies recovery of a sum of money; and (2) Under the law of the foreign country where rendered, is final, conclusive, and enforceable. (b) This part does not apply to a foreign-country judgment, even if the judgment grants or denies recovery of a sum of money, to the extent that the judgment is: (1) A judgment for taxes; (2) A fine or other penalty; or (3) A judgment for divorce, support, or maintenance, or other judgment rendered in connection with domestic relations. (c) A party seeking recognition of a foreign-country judgment has the burden of establishing that this part applies to the foreign-country judgment. Added by 2019 Tenn. Acts, ch. 278,s 1, eff. 7/1/2019.
(a) Except as otherwise provided in subsection (b), this part applies to a foreign-country judgment to the extent that the judgment: (1) Grants or denies recovery of a sum of money; and (2) Under the law of the foreign country where rendered, is final, conclusive, and enforceable.
(1) Grants or denies recovery of a sum of money; and
(2) Under the law of the foreign country where rendered, is final, conclusive, and enforceable.
(b) This part does not apply to a foreign-country judgment, even if the judgment grants or denies recovery of a sum of money, to the extent that the judgment is: (1) A judgment for taxes; (2) A fine or other penalty; or (3) A judgment for divorce, support, or maintenance, or other judgment rendered in connection with domestic relations.
(1) A judgment for taxes;
(2) A fine or other penalty; or
(3) A judgment for divorce, support, or maintenance, or other judgment rendered in connection with domestic relations.
(c) A party seeking recognition of a foreign-country judgment has the burden of establishing that this part applies to the foreign-country judgment.
Added by 2019 Tenn. Acts, ch. 278,s 1, eff. 7/1/2019.
Tenn. Code Ann. § 26-2-210 — TN Code / Title 26 / Chapter 2 / Section 26-2-210
Levy of execution on land
Status: in_force

If an execution is issued by a court that is not a court of record and a levy is made upon land or an interest in land, then the execution and other papers in connection therewith shall be returned to the circuit court of the county for condemnation as in other cases of the levy of a court's execution on land. Acts 1978, ch. 915, § 29; T.C.A., § 26-239.
If an execution is issued by a court that is not a court of record and a levy is made upon land or an interest in land, then the execution and other papers in connection therewith shall be returned to the circuit court of the county for condemnation as in other cases of the levy of a court's execution on land.
Acts 1978, ch. 915, § 29; T.C.A., § 26-239.
Tenn. Code Ann. § 26-1-107 — TN Code / Title 26 / Chapter 1 / Section 26-1-107
Setting aside satisfaction after recovery of property by defendant
Status: in_force

In all cases in which property, real or personal, is recovered from the purchaser at execution or master's sale, by the defendant, heirs or representatives of the defendant, or by third persons, the court rendering the judgment or making the sale, may, in its discretion, upon application of such purchaser, and scire facias sued out, set aside the satisfaction entered, and revive the original judgment or decree for the benefit of the purchaser. Code 1858, § 2996 (deriv. Acts 1849-1850, ch. 119); Shan., § 4726; Code 1932, § 8860; T.C.A. (orig. ed.), § 26-108.
In all cases in which property, real or personal, is recovered from the purchaser at execution or master's sale, by the defendant, heirs or representatives of the defendant, or by third persons, the court rendering the judgment or making the sale, may, in its discretion, upon application of such purchaser, and scire facias sued out, set aside the satisfaction entered, and revive the original judgment or decree for the benefit of the purchaser.
Code 1858, § 2996 (deriv. Acts 1849-1850, ch. 119); Shan., § 4726; Code 1932, § 8860; T.C.A. (orig. ed.), § 26-108.
Tenn. Code Ann. § 26-3-110 — TN Code / Title 26 / Chapter 3 / Section 26-3-110
Liability on forfeited delivery bond
Status: in_force

The sureties on a forfeited delivery bond shall not be held responsible for more than the value of the property specified in the bond, and not delivered according to its condition; and the value of the property, if not agreed upon, shall be ascertained in a summary way by a jury of five (5) disinterested persons, summoned by the officer making the levy or holding the execution, whose valuation shall be final. Code 1858, § 3045 (deriv. Acts 1831, ch. 25, § 1); Shan., § 4773; Code 1932, § 8903; modified; T.C.A. (orig. ed.), § 26-410.
The sureties on a forfeited delivery bond shall not be held responsible for more than the value of the property specified in the bond, and not delivered according to its condition; and the value of the property, if not agreed upon, shall be ascertained in a summary way by a jury of five (5) disinterested persons, summoned by the officer making the levy or holding the execution, whose valuation shall be final.
Code 1858, § 3045 (deriv. Acts 1831, ch. 25, § 1); Shan., § 4773; Code 1932, § 8903; modified; T.C.A. (orig. ed.), § 26-410.