Tenn. Code Ann. § 25-2-101 — TN Code / Title 25 / Chapter 2 / Section 25-2-101
Power given before action
Status: in_force

(a) Any power of attorney or authority to confess judgment which is given before an action is instituted and before the service of process in such action, is declared void; and any judgment based on such power of attorney or authority is likewise declared void. (b) This section shall not affect any power of attorney or authority given after an action is instituted and after the service of process in such action. Code 1932, § 8848; T.C.A. (orig. ed.), § 25-201.
(a) Any power of attorney or authority to confess judgment which is given before an action is instituted and before the service of process in such action, is declared void; and any judgment based on such power of attorney or authority is likewise declared void.
(b) This section shall not affect any power of attorney or authority given after an action is instituted and after the service of process in such action.
Code 1932, § 8848; T.C.A. (orig. ed.), § 25-201.
Tenn. Code Ann. § 25-3-141 — TN Code / Title 25 / Chapter 3 / Section 25-3-141
Concurrent jurisdiction of circuit court
Status: in_force

The circuit court has concurrent jurisdiction of all motions cognizable before a judge of the court of general sessions. Code 1858, § 3591; Shan., § 5356; Code 1932, § 9515; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 25-343.
The circuit court has concurrent jurisdiction of all motions cognizable before a judge of the court of general sessions.
Code 1858, § 3591; Shan., § 5356; Code 1932, § 9515; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 25-343.
Tenn. Code Ann. § 25-5-107 — TN Code / Title 25 / Chapter 5 / Section 25-5-107
Rights of third parties - Filing abstract of proceedings
Status: in_force

(a) The title to real estate in counties other than the county in which the judgment or decree is rendered, the bill in equity, judicial attachment, or lis pendens is filed, or from which attachments or executions are issued, shall not be in any manner affected, as to third parties (without actual notice thereof), by any lien, judgment, decree, bill in equity, judicial attachment, or lis pendens, levy of attachment, or levy of execution, till an abstract or memorandum of such proceeding, certified by the clerk or sheriff, as the case may be, shall have been filed for record in the register's office of the county where the land lies. (b) Such abstract shall be recorded in a book to be kept in such office, to be called the lien book. Acts 1897, ch. 96, § 1; Shan., § 4714a1; mod. Code 1932, §8050; T.C.A. (orig. ed.), § 25-508.
(a) The title to real estate in counties other than the county in which the judgment or decree is rendered, the bill in equity, judicial attachment, or lis pendens is filed, or from which attachments or executions are issued, shall not be in any manner affected, as to third parties (without actual notice thereof), by any lien, judgment, decree, bill in equity, judicial attachment, or lis pendens, levy of attachment, or levy of execution, till an abstract or memorandum of such proceeding, certified by the clerk or sheriff, as the case may be, shall have been filed for record in the register's office of the county where the land lies.
(b) Such abstract shall be recorded in a book to be kept in such office, to be called the lien book.
Acts 1897, ch. 96, § 1; Shan., § 4714a1; mod. Code 1932, §8050; T.C.A. (orig. ed.), § 25-508.
Tenn. Code Ann. § 25-3-117 — TN Code / Title 25 / Chapter 3 / Section 25-3-117
Judgment against county trustee
Status: in_force

County trustees are required to pay all just claims against the county as they are presented, if they have money in their hands not otherwise specially appropriated, and, on failure so to do, the party aggrieved may recover judgment by motion against such trustee and any sureties of the trustee, for the amount due, with interest and damages, in the general sessions court of the county in which such trustee resides. Code 1858, § 3613 (deriv. Acts 1821, ch. 33, § 1; 1827, ch. 49, § 25); Shan., § 5378; Code 1932, § 9537; T.C.A. (orig. ed.), § 25-318.
County trustees are required to pay all just claims against the county as they are presented, if they have money in their hands not otherwise specially appropriated, and, on failure so to do, the party aggrieved may recover judgment by motion against such trustee and any sureties of the trustee, for the amount due, with interest and damages, in the general sessions court of the county in which such trustee resides.
Code 1858, § 3613 (deriv. Acts 1821, ch. 33, § 1; 1827, ch. 49, § 25); Shan., § 5378; Code 1932, § 9537; T.C.A. (orig. ed.), § 25-318.
Tenn. Code Ann. § 25-3-116 — TN Code / Title 25 / Chapter 3 / Section 25-3-116
Jurisdiction of motion against deputy
Status: in_force

The motion against the deputy sheriff may be made in any court, having jurisdiction of the amount, in the county in which the bond was executed or in which judgment has been recovered against the principal for the default of the deputy, or in any county in which the deputy, or any one (1) of the deputy's sureties, may reside. Code 1858, § 3607 (deriv. Acts 1829, ch. 41, § 1); Shan., § 5372; Code 1932, § 9531; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 25-317.
The motion against the deputy sheriff may be made in any court, having jurisdiction of the amount, in the county in which the bond was executed or in which judgment has been recovered against the principal for the default of the deputy, or in any county in which the deputy, or any one (1) of the deputy's sureties, may reside.
Code 1858, § 3607 (deriv. Acts 1829, ch. 41, § 1); Shan., § 5372; Code 1932, § 9531; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 25-317.
Tenn. Code Ann. § 25-3-103 — TN Code / Title 25 / Chapter 3 / Section 25-3-103
Motion for costs
Status: in_force

Such officers are also liable to judgment by motion in favor of clerks, other executive officers, and witnesses, for the amounts, with interest, respectively due them in the bill of costs endorsed on an execution, in the same cases in which the plaintiff or the defendant in the execution might recover judgment by motion for the principal, or any part thereof. Code 1858, § 3596 (deriv. Acts 1824, ch. 16, §§ 1, 2); Shan., §5361; Code 1932, § 9520; T.C.A. (orig. ed.), § 25-303.
Such officers are also liable to judgment by motion in favor of clerks, other executive officers, and witnesses, for the amounts, with interest, respectively due them in the bill of costs endorsed on an execution, in the same cases in which the plaintiff or the defendant in the execution might recover judgment by motion for the principal, or any part thereof.
Code 1858, § 3596 (deriv. Acts 1824, ch. 16, §§ 1, 2); Shan., §5361; Code 1932, § 9520; T.C.A. (orig. ed.), § 25-303.
Tenn. Code Ann. § 25-4-101 — TN Code / Title 25 / Chapter 4 / Section 25-4-101
Revival after year and day
Status: in_force

It is not necessary to issue a scire facias to revive a judgment or decree which has lain a year and a day without the issuance of an execution, but same or a writ of possession may be sued out, in such case, after the year and day, as if issued within that time. Code 1858, § 2987 (deriv. Acts 1849-1850, ch. 37); Shan., § 4715; mod. Code 1932, § 8849; T.C.A. (orig. ed.), § 25-401.
It is not necessary to issue a scire facias to revive a judgment or decree which has lain a year and a day without the issuance of an execution, but same or a writ of possession may be sued out, in such case, after the year and day, as if issued within that time.
Code 1858, § 2987 (deriv. Acts 1849-1850, ch. 37); Shan., § 4715; mod. Code 1932, § 8849; T.C.A. (orig. ed.), § 25-401.
Tenn. Code Ann. § 25-3-143 — TN Code / Title 25 / Chapter 3 / Section 25-3-143
Remedy cumulative
Status: in_force

The remedy by motion is cumulative, and does not deprive the plaintiff of any other action or remedy allowed by law for the plaintiff's redress. Code 1858, § 3593; Shan., § 5358; Code 1932, § 9517; T.C.A. (orig. ed.), § 25-345.
The remedy by motion is cumulative, and does not deprive the plaintiff of any other action or remedy allowed by law for the plaintiff's redress.
Code 1858, § 3593; Shan., § 5358; Code 1932, § 9517; T.C.A. (orig. ed.), § 25-345.
Tenn. Code Ann. § 25-3-109 — TN Code / Title 25 / Chapter 3 / Section 25-3-109
Proof of return from another county
Status: in_force

It shall be a good defense to a motion against an officer residing in any county other than that from which an execution issued, for the officer to show by proof that in due time the process was placed in regular mail, at the courthouse of the county to which the execution was directed, with the proper return thereon, sealed up in the presence of the postmaster, directed to the clerk of the court from which the same issued. Code 1858, § 3601 (deriv. Acts 1835-1836, ch. 19, § 6); Shan., §5366; Code 1932, § 9525; T.C.A. (orig. ed.), § 25-309.
It shall be a good defense to a motion against an officer residing in any county other than that from which an execution issued, for the officer to show by proof that in due time the process was placed in regular mail, at the courthouse of the county to which the execution was directed, with the proper return thereon, sealed up in the presence of the postmaster, directed to the clerk of the court from which the same issued.
Code 1858, § 3601 (deriv. Acts 1835-1836, ch. 19, § 6); Shan., §5366; Code 1932, § 9525; T.C.A. (orig. ed.), § 25-309.
Tenn. Code Ann. § 25-3-142 — TN Code / Title 25 / Chapter 3 / Section 25-3-142
Amount of recovery
Status: in_force

Whenever damages on a motion are given, in the absence of any specific amount mentioned, the plaintiff will be entitled to recover twelve and one-half percent (121/2%) on the whole amount, principal and interest, due at the time of the rendition of the judgment. Code 1858, § 3592 (deriv. Acts 1835-1836, ch. 19, § 6); Shan., §5357; Code 1932, § 9516; T.C.A. (orig. ed.), § 25-344.
Whenever damages on a motion are given, in the absence of any specific amount mentioned, the plaintiff will be entitled to recover twelve and one-half percent (121/2%) on the whole amount, principal and interest, due at the time of the rendition of the judgment.
Code 1858, § 3592 (deriv. Acts 1835-1836, ch. 19, § 6); Shan., §5357; Code 1932, § 9516; T.C.A. (orig. ed.), § 25-344.
Tenn. Code Ann. § 25-3-140 — TN Code / Title 25 / Chapter 3 / Section 25-3-140
Venue of motions
Status: in_force

(a) The motion shall be made, unless in cases where otherwise provided by this Code, as follows: (1) Where the motion is against an officer for official default, it may be made in the court in which the officer was acting officially at the time, or in the court to which process was returnable, when the default consists in the failure to execute or return process, or to pay over money collected thereon; (2) Where the motion is by a surety, it may be made in the court in which judgment has been rendered against that surety, or in the county in which any one (1) of the defendants resides; (3) In all other cases, the motion should be made in the county in which the defendants, or some one of them, reside, and if none of them has any permanent residence in the state, then in any county. (b) "Court," in this section, embraces judges of the courts of general sessions, and a motion lies in all cases before the general sessions judge having jurisdiction of the case on which the motion is based. Code 1858, §§ 3589, 3590 (deriv. Acts 1803, ch. 18, § 1; 1809 (Sept.), ch. 69, § 1; 1835-1836, ch. 17, § 4; 1835-1836, ch. 19, § 6); Shan., §§ 5354, 5355; Code 1932, §§9513, 9514; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 25-342.
(a) The motion shall be made, unless in cases where otherwise provided by this Code, as follows: (1) Where the motion is against an officer for official default, it may be made in the court in which the officer was acting officially at the time, or in the court to which process was returnable, when the default consists in the failure to execute or return process, or to pay over money collected thereon; (2) Where the motion is by a surety, it may be made in the court in which judgment has been rendered against that surety, or in the county in which any one (1) of the defendants resides; (3) In all other cases, the motion should be made in the county in which the defendants, or some one of them, reside, and if none of them has any permanent residence in the state, then in any county.
(1) Where the motion is against an officer for official default, it may be made in the court in which the officer was acting officially at the time, or in the court to which process was returnable, when the default consists in the failure to execute or return process, or to pay over money collected thereon;
(2) Where the motion is by a surety, it may be made in the court in which judgment has been rendered against that surety, or in the county in which any one (1) of the defendants resides;
(3) In all other cases, the motion should be made in the county in which the defendants, or some one of them, reside, and if none of them has any permanent residence in the state, then in any county.
(b) "Court," in this section, embraces judges of the courts of general sessions, and a motion lies in all cases before the general sessions judge having jurisdiction of the case on which the motion is based.
Code 1858, §§ 3589, 3590 (deriv. Acts 1803, ch. 18, § 1; 1809 (Sept.), ch. 69, § 1; 1835-1836, ch. 17, § 4; 1835-1836, ch. 19, § 6); Shan., §§ 5354, 5355; Code 1932, §§9513, 9514; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 25-342.
Tenn. Code Ann. § 25-3-118 — TN Code / Title 25 / Chapter 3 / Section 25-3-118
Motion against tax collector
Status: in_force

(a) A motion lies in favor of the party aggrieved, state, county, corporation, or individual, against any county trustee, assessor of property, revenue collector or commissioner, for moneys in official hands officially, and not paid over or accounted for according to law. (b) The recovery on such motion shall be the amount not paid over, with interest, and twelve and one-half percent (121/2%) damages on the gross amount, and all costs. Code 1858, §§ 3614, 3615 (deriv. Acts 1827, ch. 49, § 24; 1835-1836, ch. 15, § 15); Shan., §§ 5379, 5380; Code 1932, §§ 9538, 9539; T.C.A. (orig. ed.), § 25-319.
(a) A motion lies in favor of the party aggrieved, state, county, corporation, or individual, against any county trustee, assessor of property, revenue collector or commissioner, for moneys in official hands officially, and not paid over or accounted for according to law.
(b) The recovery on such motion shall be the amount not paid over, with interest, and twelve and one-half percent (121/2%) damages on the gross amount, and all costs.
Code 1858, §§ 3614, 3615 (deriv. Acts 1827, ch. 49, § 24; 1835-1836, ch. 15, § 15); Shan., §§ 5379, 5380; Code 1932, §§ 9538, 9539; T.C.A. (orig. ed.), § 25-319.
Tenn. Code Ann. § 25-5-109 — TN Code / Title 25 / Chapter 5 / Section 25-5-109
Furnishing of abstract - Fees
Status: in_force

The clerk or sheriff shall furnish such certified abstract upon the demand of any party entitled thereto, and shall receive therefor fifty cents (50¢). Acts 1897, ch. 96, § 3; Shan., § 4714a3; mod. Code 1932, §8052; T.C.A. (orig. ed.), § 25-510; Acts 1990, ch. 677, § 1.
The clerk or sheriff shall furnish such certified abstract upon the demand of any party entitled thereto, and shall receive therefor fifty cents (50¢).
Acts 1897, ch. 96, § 3; Shan., § 4714a3; mod. Code 1932, §8052; T.C.A. (orig. ed.), § 25-510; Acts 1990, ch. 677, § 1.
Tenn. Code Ann. § 25-3-124 — TN Code / Title 25 / Chapter 3 / Section 25-3-124
Surety on confessed judgment
Status: in_force

Sections 25-3-122 - 25-3-134 extend to all cases where the suretyship is upon any acknowledgment or confession of judgment in any court. Code 1858, § 3635; Shan., § 5401; Code 1932, § 9560; T.C.A. (orig. ed.), § 25-325.
Sections 25-3-122 - 25-3-134 extend to all cases where the suretyship is upon any acknowledgment or confession of judgment in any court.
Code 1858, § 3635; Shan., § 5401; Code 1932, § 9560; T.C.A. (orig. ed.), § 25-325.
Tenn. Code Ann. § 25-3-114 — TN Code / Title 25 / Chapter 3 / Section 25-3-114
Judgment for executive officers
Status: in_force

Judgment may, in like manner, be recovered summarily, on motion, in favor of sheriffs, coroners, constables, and other executive officers: (1) Against the obligors on bonds given to indemnify the officer for levying an execution or attachment, or for making sale of property so levied on or attached, after judgment against such officer for making such levy or sale, the judgment to be for the amount recovered against such officer, with interest; (2) Against the deputy of the sheriff and the sheriff's sureties for the amount of any judgment which may be rendered against the sheriff for the default of such deputy; and (3) Against clerks for the amount of costs due such officers, paid to such clerks. Code 1858, § 3605 (deriv. Acts 1824, ch. 16, § 2; 1825, ch. 40, §1; 1829, ch. 41, § 1); Shan., § 5370; Code 1932, §9529; T.C.A. (orig. ed.), § 25-315.
Judgment may, in like manner, be recovered summarily, on motion, in favor of sheriffs, coroners, constables, and other executive officers:
(1) Against the obligors on bonds given to indemnify the officer for levying an execution or attachment, or for making sale of property so levied on or attached, after judgment against such officer for making such levy or sale, the judgment to be for the amount recovered against such officer, with interest;
(2) Against the deputy of the sheriff and the sheriff's sureties for the amount of any judgment which may be rendered against the sheriff for the default of such deputy; and
(3) Against clerks for the amount of costs due such officers, paid to such clerks.
Code 1858, § 3605 (deriv. Acts 1824, ch. 16, § 2; 1825, ch. 40, §1; 1829, ch. 41, § 1); Shan., § 5370; Code 1932, §9529; T.C.A. (orig. ed.), § 25-315.
Tenn. Code Ann. § 25-5-101 — TN Code / Title 25 / Chapter 5 / Section 25-5-101
Real property
Status: in_force

(a) Judgments and decrees obtained before July 1, 1967, in any court of record of this state, in the county where the debtor resides at the time of rendition, shall be liens upon the debtor's land in that county from the time the same were rendered. (b) (1) Except as provided in subdivision (b)(2), judgments and decrees obtained from and after July 1, 1967, in any court of record and judgments in excess of five hundred dollars ($500) obtained from and after July 1, 1969, in any court of general sessions of this state shall be liens upon the debtor's land from the time a certified copy of the judgment or decree shall be registered in the lien book in the register's office of the county where the land is located. If such records are kept elsewhere, no lien shall take effect from the rendition of such judgments or decrees unless and until a certified copy of the same is registered as otherwise provided by law. (2) Judgments and decrees obtained by a governmental entity from and after July 1, 2005, in any court in counties having a metropolitan form of government with a population of more than five hundred thousand (500,000), according to the 2000 federal census or any subsequent federal census, shall be liens upon the debtor's land from the time a certified copy of the judgment or decree is registered in the lien book in the register's office of the county where the land is located. If such records are kept elsewhere, no lien shall take effect from the rendition of such judgments or decrees, unless and until a certified copy of the lien is registered as otherwise provided by law. (c) Attachments, orders, injunctions and other writs affecting title, use or possession of real estate, issued by any court, shall be effective against any person having, or later acquiring, an interest in such property who is not a party to the action wherein such attachment, order, injunction or other writ is issued only after an appropriate copy or abstract, or a notice of lis pendens, is recorded in the register's office of the county wherein the property is situated. If an abstract is used, the contents shall be as prescribed in § 25-5-108 . Code 1858, § 2980 (deriv. Acts 1831, ch. 90, § 7; 1833, ch. 92, § 6); Shan., § 4708; Code 1932, § 8043; Acts 1957, ch. 310, §1; 1967, ch. 375, § 1; 1969, ch. 33, § 1; T.C.A. (orig. ed.), § 25-501; Acts 1983, ch. 212, § 1; 2005, ch. 306, §§ 1, 2.
(a) Judgments and decrees obtained before July 1, 1967, in any court of record of this state, in the county where the debtor resides at the time of rendition, shall be liens upon the debtor's land in that county from the time the same were rendered.
(b) (1) Except as provided in subdivision (b)(2), judgments and decrees obtained from and after July 1, 1967, in any court of record and judgments in excess of five hundred dollars ($500) obtained from and after July 1, 1969, in any court of general sessions of this state shall be liens upon the debtor's land from the time a certified copy of the judgment or decree shall be registered in the lien book in the register's office of the county where the land is located. If such records are kept elsewhere, no lien shall take effect from the rendition of such judgments or decrees unless and until a certified copy of the same is registered as otherwise provided by law. (2) Judgments and decrees obtained by a governmental entity from and after July 1, 2005, in any court in counties having a metropolitan form of government with a population of more than five hundred thousand (500,000), according to the 2000 federal census or any subsequent federal census, shall be liens upon the debtor's land from the time a certified copy of the judgment or decree is registered in the lien book in the register's office of the county where the land is located. If such records are kept elsewhere, no lien shall take effect from the rendition of such judgments or decrees, unless and until a certified copy of the lien is registered as otherwise provided by law.
(1) Except as provided in subdivision (b)(2), judgments and decrees obtained from and after July 1, 1967, in any court of record and judgments in excess of five hundred dollars ($500) obtained from and after July 1, 1969, in any court of general sessions of this state shall be liens upon the debtor's land from the time a certified copy of the judgment or decree shall be registered in the lien book in the register's office of the county where the land is located. If such records are kept elsewhere, no lien shall take effect from the rendition of such judgments or decrees unless and until a certified copy of the same is registered as otherwise provided by law.
(2) Judgments and decrees obtained by a governmental entity from and after July 1, 2005, in any court in counties having a metropolitan form of government with a population of more than five hundred thousand (500,000), according to the 2000 federal census or any subsequent federal census, shall be liens upon the debtor's land from the time a certified copy of the judgment or decree is registered in the lien book in the register's office of the county where the land is located. If such records are kept elsewhere, no lien shall take effect from the rendition of such judgments or decrees, unless and until a certified copy of the lien is registered as otherwise provided by law.
(c) Attachments, orders, injunctions and other writs affecting title, use or possession of real estate, issued by any court, shall be effective against any person having, or later acquiring, an interest in such property who is not a party to the action wherein such attachment, order, injunction or other writ is issued only after an appropriate copy or abstract, or a notice of lis pendens, is recorded in the register's office of the county wherein the property is situated. If an abstract is used, the contents shall be as prescribed in § 25-5-108 .
Code 1858, § 2980 (deriv. Acts 1831, ch. 90, § 7; 1833, ch. 92, § 6); Shan., § 4708; Code 1932, § 8043; Acts 1957, ch. 310, §1; 1967, ch. 375, § 1; 1969, ch. 33, § 1; T.C.A. (orig. ed.), § 25-501; Acts 1983, ch. 212, § 1; 2005, ch. 306, §§ 1, 2.
Tenn. Code Ann. § 25-2-102 — TN Code / Title 25 / Chapter 2 / Section 25-2-102
Confession by surety
Status: in_force

No surety shall be permitted to confess judgment, or allow judgment to go by default, if the principal will be made a defendant to the suit, and tender to the surety, for the principal's indemnity, sufficient collateral security, to be approved by the court before whom the suit is pending. Code 1858, § 3624 (deriv. Acts 1801, ch. 15, § 3); Shan., § 5389; Code 1932, § 9548; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 25-202.
No surety shall be permitted to confess judgment, or allow judgment to go by default, if the principal will be made a defendant to the suit, and tender to the surety, for the principal's indemnity, sufficient collateral security, to be approved by the court before whom the suit is pending.
Code 1858, § 3624 (deriv. Acts 1801, ch. 15, § 3); Shan., § 5389; Code 1932, § 9548; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 25-202.
Tenn. Code Ann. § 25-1-103 — TN Code / Title 25 / Chapter 1 / Section 25-1-103
Set off of judgments
Status: in_force

Judgments of the same court may be set off against each other on motion, but not so as to defeat liens of attorneys or to circumvent the exemption laws. Code 1858, § 2925; Shan., § 4646; mod. Code 1932, § 8775; T.C.A. (orig. ed.), § 25-105.
Judgments of the same court may be set off against each other on motion, but not so as to defeat liens of attorneys or to circumvent the exemption laws.
Code 1858, § 2925; Shan., § 4646; mod. Code 1932, § 8775; T.C.A. (orig. ed.), § 25-105.
Tenn. Code Ann. § 25-1-108 — TN Code / Title 25 / Chapter 1 / Section 25-1-108
Identification information - Collection of court costs
Status: in_force

To aid in the collection of court costs, the security given and any order assessing costs shall include sufficient information regarding the unique identity of the party at whose instance the action is brought or who is taxed with costs. In the case of an individual party or parties, such information may include the social security number, driver license number or other unique identifying number. In the case of a party other than an individual, such information may include the federal employer identification number or other corporate or organizational identifying number. If a surety is given on cost bond by an attorney, the inclusion of the board of professional responsibility number shall be sufficient. Failure to include such numbers shall not affect the validity of the action, surety or order nor shall the failure to include the number delay the issuance of process. Acts 1998, ch. 692, § 1.
To aid in the collection of court costs, the security given and any order assessing costs shall include sufficient information regarding the unique identity of the party at whose instance the action is brought or who is taxed with costs. In the case of an individual party or parties, such information may include the social security number, driver license number or other unique identifying number. In the case of a party other than an individual, such information may include the federal employer identification number or other corporate or organizational identifying number. If a surety is given on cost bond by an attorney, the inclusion of the board of professional responsibility number shall be sufficient. Failure to include such numbers shall not affect the validity of the action, surety or order nor shall the failure to include the number delay the issuance of process.
Acts 1998, ch. 692, § 1.
Tenn. Code Ann. § 25-5-104 — TN Code / Title 25 / Chapter 5 / Section 25-5-104
Bill to subject interest
Status: in_force

In both cases, of realty and personalty, the lien shall cease, unless a bill in equity, to subject such interest, is filed within thirty (30) days from the return of the execution unsatisfied. Code 1858, § 2986 (deriv. Acts 1832, ch. 11, § 3); Shan., 4714; mod. Code 1932, § 8049; T.C.A. (orig. ed.), § 25-505.
In both cases, of realty and personalty, the lien shall cease, unless a bill in equity, to subject such interest, is filed within thirty (30) days from the return of the execution unsatisfied.
Code 1858, § 2986 (deriv. Acts 1832, ch. 11, § 3); Shan., 4714; mod. Code 1932, § 8049; T.C.A. (orig. ed.), § 25-505.
Tenn. Code Ann. § 25-3-135 — TN Code / Title 25 / Chapter 3 / Section 25-3-135
Parties to motions for summary judgment in general
Status: in_force

A motion may be made by the party aggrieved, or the aggrieved party's legal representatives, against the person in default, and such other persons made liable with the person in default as may be in existence at the time of the motion. Code 1858, § 3583; Shan., § 5347; Code 1932, § 9507; T.C.A. (orig. ed.), § 25-336.
A motion may be made by the party aggrieved, or the aggrieved party's legal representatives, against the person in default, and such other persons made liable with the person in default as may be in existence at the time of the motion.
Code 1858, § 3583; Shan., § 5347; Code 1932, § 9507; T.C.A. (orig. ed.), § 25-336.
Tenn. Code Ann. § 25-3-101 — TN Code / Title 25 / Chapter 3 / Section 25-3-101
Motion by plaintiff against executive officer
Status: in_force

Judgment by motion may be had against any sheriff, coroner, or constable, or other executive officer, to whom an execution is directed and received by such officer for the amount due upon such execution, and twelve and one-half percent (121/2%) damages, in cases when such officer: (1) fails to make due and proper return of such execution; (2) makes a false or insufficient return; or (3) fails to pay over money collected on such execution. Code 1858, § 3594 (deriv. Acts 1803, ch. 18, §§ 1, 2; 1835-1836, ch. 17, § 4; 1835-1836, ch. 19, § 6); Shan., § 5359; Code 1932, § 9518; T.C.A. (orig. ed.), § 25-301.
Judgment by motion may be had against any sheriff, coroner, or constable, or other executive officer, to whom an execution is directed and received by such officer for the amount due upon such execution, and twelve and one-half percent (121/2%) damages, in cases when such officer:
(1) fails to make due and proper return of such execution;
(2) makes a false or insufficient return; or
(3) fails to pay over money collected on such execution.
Code 1858, § 3594 (deriv. Acts 1803, ch. 18, §§ 1, 2; 1835-1836, ch. 17, § 4; 1835-1836, ch. 19, § 6); Shan., § 5359; Code 1932, § 9518; T.C.A. (orig. ed.), § 25-301.
Tenn. Code Ann. § 25-3-110 — TN Code / Title 25 / Chapter 3 / Section 25-3-110
Inability to return as defense
Status: in_force

The inability to make the prescribed return of a general sessions judge's execution, on account of sickness, high water, or engagement in executing any precept in behalf of the state, will be a sufficient reason to authorize a judge of the court of general sessions, before whom the motion has been made, to discharge the officer for the officer's failure to make return as required. Code 1858, § 3602 (deriv. Acts 1835-1836, ch. 17, § 4); Shan., §5367; Code 1932, § 9526; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 25-310.
The inability to make the prescribed return of a general sessions judge's execution, on account of sickness, high water, or engagement in executing any precept in behalf of the state, will be a sufficient reason to authorize a judge of the court of general sessions, before whom the motion has been made, to discharge the officer for the officer's failure to make return as required.
Code 1858, § 3602 (deriv. Acts 1835-1836, ch. 17, § 4); Shan., §5367; Code 1932, § 9526; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 25-310.
Tenn. Code Ann. § 25-3-128 — TN Code / Title 25 / Chapter 3 / Section 25-3-128
Personal representatives
Status: in_force

(a) The remedies given by §§ 25-3-122 - 25-3-134 lie both for and against the personal representatives of deceased persons. (b) Where a judgment by motion is rendered against an executor or administrator without notice, founded on a demand against the deceased, on scire facias to make the defendant liable out of the defendant's own estate, the defendant shall be permitted to make any defense the defendant might have made to the original motion. Code 1858, §§ 3626, 3627 (deriv. Acts 1801, ch. 18, § 2); Shan., §§ 5391, 5392; Code 1932, §§ 9550, 9551; T.C.A. (orig. ed.), § 25-329.
(a) The remedies given by §§ 25-3-122 - 25-3-134 lie both for and against the personal representatives of deceased persons.
(b) Where a judgment by motion is rendered against an executor or administrator without notice, founded on a demand against the deceased, on scire facias to make the defendant liable out of the defendant's own estate, the defendant shall be permitted to make any defense the defendant might have made to the original motion.
Code 1858, §§ 3626, 3627 (deriv. Acts 1801, ch. 18, § 2); Shan., §§ 5391, 5392; Code 1932, §§ 9550, 9551; T.C.A. (orig. ed.), § 25-329.
Tenn. Code Ann. § 25-3-121 — TN Code / Title 25 / Chapter 3 / Section 25-3-121
Striking attorney from rolls
Status: in_force

Upon the return by proper officer of an execution issued on the judgment recovered under §§ 25-3-119 and 25-3-120 , with the endorsement that the money cannot be made, or not sufficient property of the defendant to be found to make the same, it is the duty of the court to strike such delinquent from the roll of attorneys, who shall thenceforward be disqualified to practice in the courts of this state until the debt is paid. Code 1858, § 3619 (deriv. Acts 1825, ch. 13, § 2); Shan., § 5384; Code 1932, § 9543; T.C.A. (orig. ed.), § 25-322.
Upon the return by proper officer of an execution issued on the judgment recovered under §§ 25-3-119 and 25-3-120 , with the endorsement that the money cannot be made, or not sufficient property of the defendant to be found to make the same, it is the duty of the court to strike such delinquent from the roll of attorneys, who shall thenceforward be disqualified to practice in the courts of this state until the debt is paid.
Code 1858, § 3619 (deriv. Acts 1825, ch. 13, § 2); Shan., § 5384; Code 1932, § 9543; T.C.A. (orig. ed.), § 25-322.
Tenn. Code Ann. § 25-3-105 — TN Code / Title 25 / Chapter 3 / Section 25-3-105
Penalty for failure to return process
Status: in_force

(a) (1) Any sheriff or other officer failing to execute and make return of any process issued from any court of record, and delivered to such officer twenty (20) days before the return day, is liable to a penalty of one hundred twenty-five dollars ($125), to be recovered by the party aggrieved, on motion before the court to which the process is returnable. (2) If the process has been issued to an officer of another county, the officer shall have until the next term to show cause against such judgment, on scire facias made known to such officer. (b) (1) Any sheriff or other officer failing to execute and make return of any process delivered to that officer and issued from any general sessions court, within sixty (60) days after the issuance of the same, is liable to a penalty of one hundred twenty-five dollars ($125), to be recovered by the party aggrieved, on motion before the court to which the process is returnable. (2) If the process has been issued to an officer of another county, the officer shall have sixty (60) days to show cause against such judgment, on notice made known to such officer. Code 1858, §§ 3603, 3604 (deriv. Acts 1777, ch. 8, § 5); Shan., §§ 5368, 5369; Code 1932, §§ 9527, 9528; Acts 1974, ch. 551, § 1; 1975, ch. 321, § 1; T.C.A. (orig. ed.), § 25-305.
(a) (1) Any sheriff or other officer failing to execute and make return of any process issued from any court of record, and delivered to such officer twenty (20) days before the return day, is liable to a penalty of one hundred twenty-five dollars ($125), to be recovered by the party aggrieved, on motion before the court to which the process is returnable. (2) If the process has been issued to an officer of another county, the officer shall have until the next term to show cause against such judgment, on scire facias made known to such officer.
(1) Any sheriff or other officer failing to execute and make return of any process issued from any court of record, and delivered to such officer twenty (20) days before the return day, is liable to a penalty of one hundred twenty-five dollars ($125), to be recovered by the party aggrieved, on motion before the court to which the process is returnable.
(2) If the process has been issued to an officer of another county, the officer shall have until the next term to show cause against such judgment, on scire facias made known to such officer.
(b) (1) Any sheriff or other officer failing to execute and make return of any process delivered to that officer and issued from any general sessions court, within sixty (60) days after the issuance of the same, is liable to a penalty of one hundred twenty-five dollars ($125), to be recovered by the party aggrieved, on motion before the court to which the process is returnable. (2) If the process has been issued to an officer of another county, the officer shall have sixty (60) days to show cause against such judgment, on notice made known to such officer.
(1) Any sheriff or other officer failing to execute and make return of any process delivered to that officer and issued from any general sessions court, within sixty (60) days after the issuance of the same, is liable to a penalty of one hundred twenty-five dollars ($125), to be recovered by the party aggrieved, on motion before the court to which the process is returnable.
(2) If the process has been issued to an officer of another county, the officer shall have sixty (60) days to show cause against such judgment, on notice made known to such officer.
Code 1858, §§ 3603, 3604 (deriv. Acts 1777, ch. 8, § 5); Shan., §§ 5368, 5369; Code 1932, §§ 9527, 9528; Acts 1974, ch. 551, § 1; 1975, ch. 321, § 1; T.C.A. (orig. ed.), § 25-305.
Tenn. Code Ann. § 25-1-105 — TN Code / Title 25 / Chapter 1 / Section 25-1-105
Judgment molded to facts
Status: in_force

Such and so many judgments, joint, separate, and cross, may be rendered as may be necessary to the rights of the parties, or one (1) amount may be set off against another and judgment rendered for the residue, or judgment may be rendered for the defendant against the plaintiff for any amount or balance for which it is found that the plaintiff is liable. Code 1858, § 2974 (deriv. Acts 1855-1856, ch. 71, § 1); Shan., §4702; Code 1932, § 8832; T.C.A (orig. ed.), § 25-107.
Such and so many judgments, joint, separate, and cross, may be rendered as may be necessary to the rights of the parties, or one (1) amount may be set off against another and judgment rendered for the residue, or judgment may be rendered for the defendant against the plaintiff for any amount or balance for which it is found that the plaintiff is liable.
Code 1858, § 2974 (deriv. Acts 1855-1856, ch. 71, § 1); Shan., §4702; Code 1932, § 8832; T.C.A (orig. ed.), § 25-107.
Tenn. Code Ann. § 25-3-133 — TN Code / Title 25 / Chapter 3 / Section 25-3-133
Trial of fact of cosuretyship
Status: in_force

In all cases of motions by sureties against cosureties, if the fact of the joint suretyship does not appear on the face of the papers or judicial proceedings on which the motion is based, the fact shall be ascertained by a jury to be immediately impaneled, if demanded in a court of record. Code 1858, § 3628 (deriv. Acts 1809 (Sept.), ch. 69, § 3); Shan., § 5393; mod. Code 1932, § 9552; T.C.A. (orig. ed.), § 25-334.
In all cases of motions by sureties against cosureties, if the fact of the joint suretyship does not appear on the face of the papers or judicial proceedings on which the motion is based, the fact shall be ascertained by a jury to be immediately impaneled, if demanded in a court of record.
Code 1858, § 3628 (deriv. Acts 1809 (Sept.), ch. 69, § 3); Shan., § 5393; mod. Code 1932, § 9552; T.C.A. (orig. ed.), § 25-334.
Tenn. Code Ann. § 25-3-144 — TN Code / Title 25 / Chapter 3 / Section 25-3-144
Return and reimbursement of funds wrongfully granted against individual protected by Servicemembers Civil Relief Act
Status: in_force

If a court wrongly grants a default decision imposing an obligation for child support from or against an eligible individual protected under the federal Servicemembers Civil Relief Act ( 50 U.S.C. § 501 et seq.), the court shall issue an order to the individual receiving funds that the funds shall be returned and reimbursed. Acts 2012, ch. 928, § 1.
If a court wrongly grants a default decision imposing an obligation for child support from or against an eligible individual protected under the federal Servicemembers Civil Relief Act ( 50 U.S.C. § 501 et seq.), the court shall issue an order to the individual receiving funds that the funds shall be returned and reimbursed.
Acts 2012, ch. 928, § 1.
Tenn. Code Ann. § 25-3-104 — TN Code / Title 25 / Chapter 3 / Section 25-3-104
Collections on causes cognizable before general sessions judge
Status: in_force

(a) Sheriffs, coroners, and constables are liable to judgment by motion before a judge of the court of general sessions, in favor of the party interested, for any money collected or received by them upon any debt or demand cognizable before a judge of the court of general sessions, and put into their hands for collection, whether such money was received before or after the issuance of a warrant for such debt or demand, and with or without judgment or execution. (b) The judgment shall be for the amount so received, with interest and damages. Code 1858, § 3600 (deriv. Acts 1841-1842, ch. 37); Shan., § 5365; Code 1932, § 9524; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 25-304.
(a) Sheriffs, coroners, and constables are liable to judgment by motion before a judge of the court of general sessions, in favor of the party interested, for any money collected or received by them upon any debt or demand cognizable before a judge of the court of general sessions, and put into their hands for collection, whether such money was received before or after the issuance of a warrant for such debt or demand, and with or without judgment or execution.
(b) The judgment shall be for the amount so received, with interest and damages.
Code 1858, § 3600 (deriv. Acts 1841-1842, ch. 37); Shan., § 5365; Code 1932, § 9524; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 25-304.
Tenn. Code Ann. § 25-3-106 — TN Code / Title 25 / Chapter 3 / Section 25-3-106
Death of officer or surety
Status: in_force

In case of the death of an officer or either of the officer's sureties, pending a motion against the officer or sureties, it may be revived against the personal representative of the deceased in the same manner as other suits are revived. Code 1858, § 3597 (deriv. Acts 1857-1858, ch. 39, § 1); Shan., §5362; Code 1932, § 9521; T.C.A. (orig. ed.), § 25-306.
In case of the death of an officer or either of the officer's sureties, pending a motion against the officer or sureties, it may be revived against the personal representative of the deceased in the same manner as other suits are revived.
Code 1858, § 3597 (deriv. Acts 1857-1858, ch. 39, § 1); Shan., §5362; Code 1932, § 9521; T.C.A. (orig. ed.), § 25-306.
Tenn. Code Ann. § 25-5-103 — TN Code / Title 25 / Chapter 5 / Section 25-5-103
Personal property
Status: in_force

An execution thereon shall not bind the debtor's legal or equitable interest in stock, choses in action, or other personal property, not liable at law, unless a similar abstract or memorandum is registered within sixty (60) days from rendition of the judgment or decree, in the county where the debtor resides, if the debtor lives in this state, or, if not, then in the county in which the property is located. Code 1858, § 2985 (deriv. Acts 1832, ch. 11, § 3); Shan., § 4713; Code 1932, § 8048; T.C.A. (orig. ed.), § 25-504; modified.
An execution thereon shall not bind the debtor's legal or equitable interest in stock, choses in action, or other personal property, not liable at law, unless a similar abstract or memorandum is registered within sixty (60) days from rendition of the judgment or decree, in the county where the debtor resides, if the debtor lives in this state, or, if not, then in the county in which the property is located.
Code 1858, § 2985 (deriv. Acts 1832, ch. 11, § 3); Shan., § 4713; Code 1932, § 8048; T.C.A. (orig. ed.), § 25-504; modified.
Tenn. Code Ann. § 25-3-137 — TN Code / Title 25 / Chapter 3 / Section 25-3-137
Times notice not required
Status: in_force

No notice of the motion is required, if made at the return term of the process in a court of record, where the cause of motion is official delinquency, or within six (6) months after the right to the motion has accrued in any other case. Code 1858, § 3585; Shan., § 5350; Code 1932, § 9509; T.C.A. (orig. ed.), § 25-338.
No notice of the motion is required, if made at the return term of the process in a court of record, where the cause of motion is official delinquency, or within six (6) months after the right to the motion has accrued in any other case.
Code 1858, § 3585; Shan., § 5350; Code 1932, § 9509; T.C.A. (orig. ed.), § 25-338.
Tenn. Code Ann. § 25-3-131 — TN Code / Title 25 / Chapter 3 / Section 25-3-131
Production of records
Status: in_force

On the trial of any of the motions provided for in §§ 25-3-122 - 25-3-134, the plaintiff shall produce the instrument creating the suretyship, or a certified copy thereof, and a copy of the record showing the recovery of judgment. Code 1858, § 3631 (deriv. Acts 1849-1850, ch. 153, § 1); Shan., §5396; Code 1932, § 9555; T.C.A. (orig. ed.), § 25-332.
On the trial of any of the motions provided for in §§ 25-3-122 - 25-3-134, the plaintiff shall produce the instrument creating the suretyship, or a certified copy thereof, and a copy of the record showing the recovery of judgment.
Code 1858, § 3631 (deriv. Acts 1849-1850, ch. 153, § 1); Shan., §5396; Code 1932, § 9555; T.C.A. (orig. ed.), § 25-332.
Tenn. Code Ann. § 25-3-125 — TN Code / Title 25 / Chapter 3 / Section 25-3-125
Stayors
Status: in_force

Stayors may move against their principals and costayors in the same way, and subject to the same rules and regulations, as sureties. Code 1858, § 3629 (deriv. Acts 1845-1846, ch. 216, § 1; 1849-1850, ch. 38, §3); Shan., § 5394; Code 1932, § 9553; T.C.A. (orig. ed.), § 25-326.
Stayors may move against their principals and costayors in the same way, and subject to the same rules and regulations, as sureties.
Code 1858, § 3629 (deriv. Acts 1845-1846, ch. 216, § 1; 1849-1850, ch. 38, §3); Shan., § 5394; Code 1932, § 9553; T.C.A. (orig. ed.), § 25-326.
Tenn. Code Ann. § 25-3-122 — TN Code / Title 25 / Chapter 3 / Section 25-3-122
Motion by surety
Status: in_force

Sureties are entitled to judgment by motion against their principals: (1) Whenever judgment has been rendered against them as such sureties; (2) Whenever such judgment, or any part thereof, has been paid by the surety. Code 1858, § 3620 (deriv. Acts 1801, ch. 15, § 1; 1809 (Sept.), ch. 69, §1); Shan., § 5385; Code 1932, § 9544; T.C.A. (orig. ed.), § 25-323.
Sureties are entitled to judgment by motion against their principals:
(1) Whenever judgment has been rendered against them as such sureties;
(2) Whenever such judgment, or any part thereof, has been paid by the surety.
Code 1858, § 3620 (deriv. Acts 1801, ch. 15, § 1; 1809 (Sept.), ch. 69, §1); Shan., § 5385; Code 1932, § 9544; T.C.A. (orig. ed.), § 25-323.
Tenn. Code Ann. § 25-3-130 — TN Code / Title 25 / Chapter 3 / Section 25-3-130
Jurisdiction of special courts
Status: in_force

The special criminal and other courts have the power to render judgments by motion in favor of sureties, as against principals, or in favor of cosureties, as against each other, upon any judgment rendered in such courts, upon the same terms and conditions as regards notice to the party sought to be made liable, that the circuit courts have. Acts 1859-1860, ch. 6, § 1; Shan., § 5399; mod. Code 1932, §9558; T.C.A. (orig. ed.), § 25-331.
The special criminal and other courts have the power to render judgments by motion in favor of sureties, as against principals, or in favor of cosureties, as against each other, upon any judgment rendered in such courts, upon the same terms and conditions as regards notice to the party sought to be made liable, that the circuit courts have.
Acts 1859-1860, ch. 6, § 1; Shan., § 5399; mod. Code 1932, §9558; T.C.A. (orig. ed.), § 25-331.
Tenn. Code Ann. § 25-3-111 — TN Code / Title 25 / Chapter 3 / Section 25-3-111
Judgment against clerks
Status: in_force

Judgment may be had summarily by motion against the clerk of any court in this state, in the following cases: (1) For failing to pay over to the party entitled, on demand, money received by the clerk on any judgment or execution, or paid into court upon a plea of tender or any other plea, or under an order or rule of court, judgment for the sum so received, with interest, and twelve and one-half percent (121/2%) damages; or (2) For delinquencies in regard to revenue, as provided in this Code. Code 1858, § 3608 (deriv. Acts 1849-1850, ch. 150, § 4); Shan., §5373; Code 1932, § 9532; T.C.A. (orig. ed.), § 25-311.
Judgment may be had summarily by motion against the clerk of any court in this state, in the following cases:
(1) For failing to pay over to the party entitled, on demand, money received by the clerk on any judgment or execution, or paid into court upon a plea of tender or any other plea, or under an order or rule of court, judgment for the sum so received, with interest, and twelve and one-half percent (121/2%) damages; or
(2) For delinquencies in regard to revenue, as provided in this Code.
Code 1858, § 3608 (deriv. Acts 1849-1850, ch. 150, § 4); Shan., §5373; Code 1932, § 9532; T.C.A. (orig. ed.), § 25-311.
Tenn. Code Ann. § 25-3-113 — TN Code / Title 25 / Chapter 3 / Section 25-3-113
Judgment against deputy clerk
Status: in_force

(a) The like remedy lies against a deputy clerk in favor of the party aggrieved, as against the clerk. (b) The clerk is entitled to recover by motion against the clerk's deputy and sureties, in the same way the sheriffs are entitled to recover against their deputies. Code 1858, §§ 3611, 3612 (deriv. Acts 1829, ch. 41, §§ 1, 2); Shan., §§ 5376, 5377; Code 1932, §§ 9535, 9536; T.C.A. (orig. ed.), § 25-314.
(a) The like remedy lies against a deputy clerk in favor of the party aggrieved, as against the clerk.
(b) The clerk is entitled to recover by motion against the clerk's deputy and sureties, in the same way the sheriffs are entitled to recover against their deputies.
Code 1858, §§ 3611, 3612 (deriv. Acts 1829, ch. 41, §§ 1, 2); Shan., §§ 5376, 5377; Code 1932, §§ 9535, 9536; T.C.A. (orig. ed.), § 25-314.
Tenn. Code Ann. § 25-5-106 — TN Code / Title 25 / Chapter 5 / Section 25-5-106
Appeals - Commencement of time for sale
Status: in_force

If an appeal is taken from any judgment for which the lien provided by this chapter would apply, the time for sale provided in § 25-5-105 shall commence upon the final determination of such case. Code 1858, § 2983 (deriv. Acts 1831, ch. 90, §§ 7, 8); Acts 1885, ch. 21; Shan., § 4711; mod. Code 1932, § 8046; T.C.A. (orig. ed.), § 25-507; Acts 1981, ch. 449, § 2; 1986, ch. 673, § 2.
If an appeal is taken from any judgment for which the lien provided by this chapter would apply, the time for sale provided in § 25-5-105 shall commence upon the final determination of such case.
Code 1858, § 2983 (deriv. Acts 1831, ch. 90, §§ 7, 8); Acts 1885, ch. 21; Shan., § 4711; mod. Code 1932, § 8046; T.C.A. (orig. ed.), § 25-507; Acts 1981, ch. 449, § 2; 1986, ch. 673, § 2.
Tenn. Code Ann. § 25-3-108 — TN Code / Title 25 / Chapter 3 / Section 25-3-108
Evidence of receipt of execution by officer
Status: in_force

(a) If a clerk certifies, in accordance with § 25-3-107 , that the execution was sent to an officer by mail, it is prima facie evidence that the writ was received by the officer unless the officer states, under written oath, that the writ was never received. (b) In such case, the officer shall have notice of the motion. Code 1858, § 3599; Shan., § 5364; Code 1932, § 9523; T.C.A. (orig. ed.), § 25-308.
(a) If a clerk certifies, in accordance with § 25-3-107 , that the execution was sent to an officer by mail, it is prima facie evidence that the writ was received by the officer unless the officer states, under written oath, that the writ was never received.
(b) In such case, the officer shall have notice of the motion.
Code 1858, § 3599; Shan., § 5364; Code 1932, § 9523; T.C.A. (orig. ed.), § 25-308.
Tenn. Code Ann. § 25-3-120 — TN Code / Title 25 / Chapter 3 / Section 25-3-120
Jurisdiction of motions against attorneys
Status: in_force

A motion against an attorney may be made in the circuit or chancery court of any county in which such attorney resides, or in which the money was collected, and if the attorney neither resides nor practices in the state, then in the circuit court of any county, and, in the latter case, without notice. Code 1858, § 3618 (deriv. Acts 1825, ch. 13, § 1); Shan., §5383; mod. Code 1932, § 9542; T.C.A. (orig. ed.), § 25-321.
A motion against an attorney may be made in the circuit or chancery court of any county in which such attorney resides, or in which the money was collected, and if the attorney neither resides nor practices in the state, then in the circuit court of any county, and, in the latter case, without notice.
Code 1858, § 3618 (deriv. Acts 1825, ch. 13, § 1); Shan., §5383; mod. Code 1932, § 9542; T.C.A. (orig. ed.), § 25-321.
Tenn. Code Ann. § 25-3-136 — TN Code / Title 25 / Chapter 3 / Section 25-3-136
Motion on defective bond
Status: in_force

Whenever by this chapter a motion is authorized against an officer, or other person acting under the orders of court, it carries with it the right to move against such person or officer and the sureties on that officer's official bond of such officer or other person, or other bond executed in the discharge of the particular duty, although such bond may not be in strict compliance with the law. Code 1858, § 3584; Shan., § 5348; Code 1932, § 9508; T.C.A. (orig. ed.), § 25-337.
Whenever by this chapter a motion is authorized against an officer, or other person acting under the orders of court, it carries with it the right to move against such person or officer and the sureties on that officer's official bond of such officer or other person, or other bond executed in the discharge of the particular duty, although such bond may not be in strict compliance with the law.
Code 1858, § 3584; Shan., § 5348; Code 1932, § 9508; T.C.A. (orig. ed.), § 25-337.
Tenn. Code Ann. § 25-3-127 — TN Code / Title 25 / Chapter 3 / Section 25-3-127
Motion against cosurety
Status: in_force

A cosurety or comaker against whom judgment has been rendered for the whole debt, or who has paid the same or more than the ratable share of such judgment, may have judgment on motion, against all of the other parties to the instrument liable to such cosurety or comaker, whether included in the original judgment or not, for the ratable share of each. Code 1858, § 3625 (deriv. Acts 1809 (Sept.), ch. 69, §§ 2, 3); Acts 1870-1871, ch. 99; Shan., § 5390; mod. Code 1932, § 9549; T.C.A. (orig. ed.), § 25-328.
A cosurety or comaker against whom judgment has been rendered for the whole debt, or who has paid the same or more than the ratable share of such judgment, may have judgment on motion, against all of the other parties to the instrument liable to such cosurety or comaker, whether included in the original judgment or not, for the ratable share of each.
Code 1858, § 3625 (deriv. Acts 1809 (Sept.), ch. 69, §§ 2, 3); Acts 1870-1871, ch. 99; Shan., § 5390; mod. Code 1932, § 9549; T.C.A. (orig. ed.), § 25-328.
Tenn. Code Ann. § 25-3-107 — TN Code / Title 25 / Chapter 3 / Section 25-3-107
Execution as evidence
Status: in_force

On the trial of the motion, a copy of the execution made and certified by the clerk, with the return thereon, if any was made, or a statement that no return was made, if such be the fact, together with the clerk's certificate that the execution was received by the sheriff, or sent to the sheriff by mail, is evidence of the facts so certified, without producing a transcript of the entire record, or compelling the clerk personally to attend. Code 1858, § 3598; Shan., § 5363; Code 1932, § 9522; T.C.A. (orig. ed.), § 25-307.
On the trial of the motion, a copy of the execution made and certified by the clerk, with the return thereon, if any was made, or a statement that no return was made, if such be the fact, together with the clerk's certificate that the execution was received by the sheriff, or sent to the sheriff by mail, is evidence of the facts so certified, without producing a transcript of the entire record, or compelling the clerk personally to attend.
Code 1858, § 3598; Shan., § 5363; Code 1932, § 9522; T.C.A. (orig. ed.), § 25-307.
Tenn. Code Ann. § 25-1-107 — TN Code / Title 25 / Chapter 1 / Section 25-1-107
Address of losing party
Status: in_force

Each final judgment shall contain thereon the address, if known to the prevailing party, of each person against whom judgment is rendered. Errors in names or addresses or failure to include same shall not affect the validity or finality of a final judgment. Acts 1982, ch. 548, § 1.
Each final judgment shall contain thereon the address, if known to the prevailing party, of each person against whom judgment is rendered. Errors in names or addresses or failure to include same shall not affect the validity or finality of a final judgment.
Acts 1982, ch. 548, § 1.
Tenn. Code Ann. § 25-4-102 — TN Code / Title 25 / Chapter 4 / Section 25-4-102
Death of codefendant
Status: in_force

If there are more defendants than one (1), and any of them die, leaving the codefendant surviving, the plaintiff may proceed by execution against the survivor, and/or revive by scire facias against any or all of the personal representatives of the deceased, to be issued to any county. Code 1858, § 2988; Shan., § 4716; mod. Code 1932, § 8850; T.C.A. (orig. ed.), § 25-402.
If there are more defendants than one (1), and any of them die, leaving the codefendant surviving, the plaintiff may proceed by execution against the survivor, and/or revive by scire facias against any or all of the personal representatives of the deceased, to be issued to any county.
Code 1858, § 2988; Shan., § 4716; mod. Code 1932, § 8850; T.C.A. (orig. ed.), § 25-402.
Tenn. Code Ann. § 25-4-103 — TN Code / Title 25 / Chapter 4 / Section 25-4-103
Judgments of general sessions courts
Status: in_force

Sections 25-4-101 and 25-4-102 shall apply to judgments of the courts of general sessions as well as to judgments of courts of record. Code 1858, § 2989; Shan., § 4717; Code 1932, § 8851; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 25-403.
Sections 25-4-101 and 25-4-102 shall apply to judgments of the courts of general sessions as well as to judgments of courts of record.
Code 1858, § 2989; Shan., § 4717; Code 1932, § 8851; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 25-403.
Tenn. Code Ann. § 25-5-105 — TN Code / Title 25 / Chapter 5 / Section 25-5-105
Period of lien's continued validity - No revival of registration
Status: in_force

(a) Once a judgment lien is created by registration as provided in § 25-5-101(b) , it will last for the time remaining in a ten-year period from the date of final judgment entry in the court clerk's office. (b) This section applies to all judgment liens registered on or after May 17, 2000, but in no event shall any judgment lien which had expired on or before May 17, 2000, be deemed to be revived by such registration. Code 1858, § 2982 (deriv. Acts 1799, ch. 14, § 2; 1831, ch. 90, §§ 7, 8; 1833, ch. 92, § 6); Shan., § 4710; Code 1932, §8045; T.C.A. (orig. ed.), § 25-506; Acts 1986, ch. 673, § 1; 2000, ch. 725, § 1; 2001, ch. 170, § 1.
(a) Once a judgment lien is created by registration as provided in § 25-5-101(b) , it will last for the time remaining in a ten-year period from the date of final judgment entry in the court clerk's office.
(b) This section applies to all judgment liens registered on or after May 17, 2000, but in no event shall any judgment lien which had expired on or before May 17, 2000, be deemed to be revived by such registration.
Code 1858, § 2982 (deriv. Acts 1799, ch. 14, § 2; 1831, ch. 90, §§ 7, 8; 1833, ch. 92, § 6); Shan., § 4710; Code 1932, §8045; T.C.A. (orig. ed.), § 25-506; Acts 1986, ch. 673, § 1; 2000, ch. 725, § 1; 2001, ch. 170, § 1.
Tenn. Code Ann. § 25-3-139 — TN Code / Title 25 / Chapter 3 / Section 25-3-139
Security for costs
Status: in_force

The plaintiff in any motion may be required to give security for the cost of suits, as in other cases. Code 1858, § 3588; Shan., § 5353; Code 1932, § 9512; T.C.A. (orig. ed.), § 25-341.
The plaintiff in any motion may be required to give security for the cost of suits, as in other cases.
Code 1858, § 3588; Shan., § 5353; Code 1932, § 9512; T.C.A. (orig. ed.), § 25-341.
Tenn. Code Ann. § 25-1-102 — TN Code / Title 25 / Chapter 1 / Section 25-1-102
Action on bond or agreement
Status: in_force

In actions brought on bonds or agreements for the payment of money, or with collateral conditions, and recovery had by the plaintiff, the judgment shall be entered for the stipulated penalty, to be discharged by the payment of the principal and interest due thereon, or the damages assessed by the jury, and execution shall issue accordingly. Code 1858, § 2976 (deriv. Acts 1801, ch. 6, § 66); Shan., § 4704; Code 1932, § 8834; T.C.A. (orig. ed.), § 25-104.
In actions brought on bonds or agreements for the payment of money, or with collateral conditions, and recovery had by the plaintiff, the judgment shall be entered for the stipulated penalty, to be discharged by the payment of the principal and interest due thereon, or the damages assessed by the jury, and execution shall issue accordingly.
Code 1858, § 2976 (deriv. Acts 1801, ch. 6, § 66); Shan., § 4704; Code 1932, § 8834; T.C.A. (orig. ed.), § 25-104.
Tenn. Code Ann. § 25-3-134 — TN Code / Title 25 / Chapter 3 / Section 25-3-134
Amount of judgment
Status: in_force

The recovery under §§ 25-3-122 - 25-3-133 shall include interest and costs of the original judgment, and commissions for collecting the same, if collected, and the costs of the motion, unless otherwise directed. The judgment shall be for the amount of the recovery or payment, as the case may be, with interest and costs. Code 1858, §§ 3622, 3634; Shan., §§ 5387, 5400; Code 1932, §§ 9546, 9559; T.C.A. (orig. ed.), § 25-335.
The recovery under §§ 25-3-122 - 25-3-133 shall include interest and costs of the original judgment, and commissions for collecting the same, if collected, and the costs of the motion, unless otherwise directed. The judgment shall be for the amount of the recovery or payment, as the case may be, with interest and costs.
Code 1858, §§ 3622, 3634; Shan., §§ 5387, 5400; Code 1932, §§ 9546, 9559; T.C.A. (orig. ed.), § 25-335.
Tenn. Code Ann. § 25-3-138 — TN Code / Title 25 / Chapter 3 / Section 25-3-138
Notice to constables
Status: in_force

Section 25-3-137 does not apply to constables, who shall be entitled to notice in all cases of motion against them for official delinquency. Code 1858, § 3586; Shan., § 5351; Code 1932, § 9510; T.C.A. (orig. ed.), § 25-339.
Section 25-3-137 does not apply to constables, who shall be entitled to notice in all cases of motion against them for official delinquency.
Code 1858, § 3586; Shan., § 5351; Code 1932, § 9510; T.C.A. (orig. ed.), § 25-339.
Tenn. Code Ann. § 25-3-115 — TN Code / Title 25 / Chapter 3 / Section 25-3-115
Jurisdiction of motion on bond
Status: in_force

The motion on an indemnity bond may be made in any court, having jurisdiction of the amount, in the county in which the bond is given, or in which the court is held from which the process issued for the levy whereof the bond was given, or in the county of the residence of any of the obligors. Code 1858, § 3606; Shan., § 5371; Code 1932, § 9530; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 25-316.
The motion on an indemnity bond may be made in any court, having jurisdiction of the amount, in the county in which the bond is given, or in which the court is held from which the process issued for the levy whereof the bond was given, or in the county of the residence of any of the obligors.
Code 1858, § 3606; Shan., § 5371; Code 1932, § 9530; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 25-316.
Tenn. Code Ann. § 25-5-102 — TN Code / Title 25 / Chapter 5 / Section 25-5-102
Equitable interests
Status: in_force

A judgment or decree shall not bind the equitable interest of the debtor in real estate or other property until a memorandum or abstract of the judgment or decree, stating the amount and date thereof, with the names of the parties is certified by the clerk and registered in the register's office of the county where the real estate is situated. Code 1858, § 2984 (deriv. Acts 1832, ch. 11, § 3; 1832, ch. 92, § 6); Shan., § 4712; mod. Code 1932, § 8047; Acts 1967, ch. 375, § 3; T.C.A. (orig. ed.), § 25-503.
A judgment or decree shall not bind the equitable interest of the debtor in real estate or other property until a memorandum or abstract of the judgment or decree, stating the amount and date thereof, with the names of the parties is certified by the clerk and registered in the register's office of the county where the real estate is situated.
Code 1858, § 2984 (deriv. Acts 1832, ch. 11, § 3; 1832, ch. 92, § 6); Shan., § 4712; mod. Code 1932, § 8047; Acts 1967, ch. 375, § 3; T.C.A. (orig. ed.), § 25-503.
Tenn. Code Ann. § 25-3-129 — TN Code / Title 25 / Chapter 3 / Section 25-3-129
Jurisdiction of motions
Status: in_force

(a) Motions under §§ 25-3-122 - 25-3-134 may be made in any court, having cognizance of the amount. (b) They may also, in all cases, be made in the court by which the judgment was rendered against such surety, stayor, or accommodation endorser. Code 1858, §§ 3632, 3633 (deriv. Acts 1849-1850, ch. 38, §§1-3; 1853-1854, ch. 52, § 1); Shan., §§ 5397, 5398; Code 1932, §§ 9556, 9557; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 25-330.
(a) Motions under §§ 25-3-122 - 25-3-134 may be made in any court, having cognizance of the amount.
(b) They may also, in all cases, be made in the court by which the judgment was rendered against such surety, stayor, or accommodation endorser.
Code 1858, §§ 3632, 3633 (deriv. Acts 1849-1850, ch. 38, §§1-3; 1853-1854, ch. 52, § 1); Shan., §§ 5397, 5398; Code 1932, §§ 9556, 9557; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 25-330.
Tenn. Code Ann. § 25-3-102 — TN Code / Title 25 / Chapter 3 / Section 25-3-102
Motion by defendant against executive officer
Status: in_force

Such officers are in like manner liable to the defendant in an execution, upon motion: (1) For the failure to pay over, on demand, any excess of money which may remain upon a sale by execution, after the satisfaction thereof, and all commissions and costs, the amount of such excess, with interest and damages; or (2) For failing to pay over, on demand, money paid or collected on an execution, the whole or any part of which is enjoined in chancery, or to which the defendant is otherwise legally entitled, the amount so enjoined or to which the defendant is entitled, with interest and damages. Code 1858, § 3595 (deriv. Acts 1817, ch. 54, § 1); Shan., § 5360; Code 1932, § 9519; T.C.A. (orig. ed.), § 25-302.
Such officers are in like manner liable to the defendant in an execution, upon motion:
(1) For the failure to pay over, on demand, any excess of money which may remain upon a sale by execution, after the satisfaction thereof, and all commissions and costs, the amount of such excess, with interest and damages; or
(2) For failing to pay over, on demand, money paid or collected on an execution, the whole or any part of which is enjoined in chancery, or to which the defendant is otherwise legally entitled, the amount so enjoined or to which the defendant is entitled, with interest and damages.
Code 1858, § 3595 (deriv. Acts 1817, ch. 54, § 1); Shan., § 5360; Code 1932, § 9519; T.C.A. (orig. ed.), § 25-302.
Tenn. Code Ann. § 25-1-104 — TN Code / Title 25 / Chapter 1 / Section 25-1-104
Several parties
Status: in_force

Judgments may be given for or against one (1) or more of several plaintiffs, or for or against one or more of several defendants. In such case, the verdict shall be as the right may appear, and shall state separately any amount allowed to or against any of the parties. Code 1858, §§ 2972, 2973 (deriv. Acts 1820, ch. 25, §§1, 2; 1851-1852, ch. 152, § 2; 1855-1856, ch. 71, § 1); Shan., §§ 4700, 4701; mod. Code 1932, §§ 8830, 8831; T.C.A. (orig. ed.), § 25-106.
Judgments may be given for or against one (1) or more of several plaintiffs, or for or against one or more of several defendants. In such case, the verdict shall be as the right may appear, and shall state separately any amount allowed to or against any of the parties.
Code 1858, §§ 2972, 2973 (deriv. Acts 1820, ch. 25, §§1, 2; 1851-1852, ch. 152, § 2; 1855-1856, ch. 71, § 1); Shan., §§ 4700, 4701; mod. Code 1932, §§ 8830, 8831; T.C.A. (orig. ed.), § 25-106.
Tenn. Code Ann. § 25-3-126 — TN Code / Title 25 / Chapter 3 / Section 25-3-126
Accommodation endorsers
Status: in_force

Accommodation endorsers may move against their principals in the same way as, and subject to all the rules and regulations that govern motions by, sureties against their principals. Code 1858, § 3630 (deriv. Acts 1849-1850, ch. 38, §§1, 2; 1855-1856, ch. 75); Shan., § 5395; Code 1932, § 9554; T.C.A. (orig. ed.), § 25-327.
Accommodation endorsers may move against their principals in the same way as, and subject to all the rules and regulations that govern motions by, sureties against their principals.
Code 1858, § 3630 (deriv. Acts 1849-1850, ch. 38, §§1, 2; 1855-1856, ch. 75); Shan., § 5395; Code 1932, § 9554; T.C.A. (orig. ed.), § 25-327.
Tenn. Code Ann. § 25-1-106 — TN Code / Title 25 / Chapter 1 / Section 25-1-106
Damages - Spouse's loss of consortium
Status: in_force

There shall exist in cases where such damages are proved by a spouse, a right to recover for loss of consortium. Acts 1969, ch. 86, § 1; T.C.A., § 25-109.
There shall exist in cases where such damages are proved by a spouse, a right to recover for loss of consortium.
Acts 1969, ch. 86, § 1; T.C.A., § 25-109.
Tenn. Code Ann. § 25-5-108 — TN Code / Title 25 / Chapter 5 / Section 25-5-108
Contents of abstract
Status: in_force

(a) The abstract of the judgment or decree shall show briefly the names of the parties, plaintiff and defendant, the name of the court, and number of the case, and the amount, and date of judgment or decree, and the names of all parties against whom the judgment or decree is taken. (b) The abstract of the bill in equity, attachment, bill, lis pendens, or judicial attachment, shall show briefly the names of the parties plaintiff and each defendant, name of the court, and number of case, date of filing the bill, or commencement of the suit, date of levy of the attachment, and description of the property upon which it is sought to fix the lien. (c) The abstract of the attachment or execution shall show briefly the names of the parties to the suit, the name of the court issuing the attachment or execution, the number of the execution or attachment, the date of issue and date of levy and description of the property on which the levy is made, and the names of all parties named as owners or interested in the property levied on. Acts 1897, ch. 96, § 2; Shan., § 4714a2; Code 1932, § 8051; T.C.A. (orig. ed.), § 25-509.
(a) The abstract of the judgment or decree shall show briefly the names of the parties, plaintiff and defendant, the name of the court, and number of the case, and the amount, and date of judgment or decree, and the names of all parties against whom the judgment or decree is taken.
(b) The abstract of the bill in equity, attachment, bill, lis pendens, or judicial attachment, shall show briefly the names of the parties plaintiff and each defendant, name of the court, and number of case, date of filing the bill, or commencement of the suit, date of levy of the attachment, and description of the property upon which it is sought to fix the lien.
(c) The abstract of the attachment or execution shall show briefly the names of the parties to the suit, the name of the court issuing the attachment or execution, the number of the execution or attachment, the date of issue and date of levy and description of the property on which the levy is made, and the names of all parties named as owners or interested in the property levied on.
Acts 1897, ch. 96, § 2; Shan., § 4714a2; Code 1932, § 8051; T.C.A. (orig. ed.), § 25-509.
Tenn. Code Ann. § 25-3-132 — TN Code / Title 25 / Chapter 3 / Section 25-3-132
Trial of fact of suretyship
Status: in_force

If the fact of suretyship does not appear upon the face of the proceedings on which judgment has been had or payment made, or of the instrument on which the motion under §§ 25-3-122 - 25-3-134 is founded, a jury shall be immediately impaneled to try the fact. Code 1858, § 3623 (deriv. Acts 1809 (Sept.), ch. 69, § 2); Shan., §5388; Code 1932, § 9547; T.C.A. (orig. ed.), § 25-333.
If the fact of suretyship does not appear upon the face of the proceedings on which judgment has been had or payment made, or of the instrument on which the motion under §§ 25-3-122 - 25-3-134 is founded, a jury shall be immediately impaneled to try the fact.
Code 1858, § 3623 (deriv. Acts 1809 (Sept.), ch. 69, § 2); Shan., §5388; Code 1932, § 9547; T.C.A. (orig. ed.), § 25-333.
Tenn. Code Ann. § 25-4-104 — TN Code / Title 25 / Chapter 4 / Section 25-4-104
Revival by or against heirs
Status: in_force

A judgment or decree may be revived by or against the heirs of a deceased plaintiff or defendant, in the same manner and under the same circumstances as pending suits are revived under § 20-5-104 . Acts 1875, ch. 22, § 1; Shan., § 4718; mod. Code 1932, § 8852; T.C.A. (orig. ed.), § 25-404.
A judgment or decree may be revived by or against the heirs of a deceased plaintiff or defendant, in the same manner and under the same circumstances as pending suits are revived under § 20-5-104 .
Acts 1875, ch. 22, § 1; Shan., § 4718; mod. Code 1932, § 8852; T.C.A. (orig. ed.), § 25-404.
Tenn. Code Ann. § 25-3-123 — TN Code / Title 25 / Chapter 3 / Section 25-3-123
Joint or several motion
Status: in_force

Such motion may be joint or several, at the option of the sureties. Code 1858, § 3621; Shan., § 5386; Code 1932, § 9545; T.C.A. (orig. ed.), § 25-324.
Such motion may be joint or several, at the option of the sureties.
Code 1858, § 3621; Shan., § 5386; Code 1932, § 9545; T.C.A. (orig. ed.), § 25-324.
Tenn. Code Ann. § 25-3-119 — TN Code / Title 25 / Chapter 3 / Section 25-3-119
Judgment against attorney
Status: in_force

(a) Judgment may, in like manner, be had in favor of the party aggrieved against any attorney, upon five (5) days' notice, for any money collected or received by the attorney in that capacity, and not paid over on demand by the person entitled, or that person's agent or attorney. (b) Judgment shall, in such case, be given for the amount so collected or received, with interest, and twelve and one-half percent (121/2%) damages, and all costs. Code 1858, §§ 3616, 3617 (deriv. Acts 1825, ch. 13, § 1); Shan., §§ 5381, 5382; Code 1932, §§ 9540, 9541; T.C.A. (orig. ed.), § 25-320.
(a) Judgment may, in like manner, be had in favor of the party aggrieved against any attorney, upon five (5) days' notice, for any money collected or received by the attorney in that capacity, and not paid over on demand by the person entitled, or that person's agent or attorney.
(b) Judgment shall, in such case, be given for the amount so collected or received, with interest, and twelve and one-half percent (121/2%) damages, and all costs.
Code 1858, §§ 3616, 3617 (deriv. Acts 1825, ch. 13, § 1); Shan., §§ 5381, 5382; Code 1932, §§ 9540, 9541; T.C.A. (orig. ed.), § 25-320.
Tenn. Code Ann. § 25-3-112 — TN Code / Title 25 / Chapter 3 / Section 25-3-112
Judgment against special commissioner
Status: in_force

A special commissioner appointed by the court to sell property or to receive and collect funds, is, in all cases, liable on motion, in the same way and to the same extent as the clerks of the courts. Code 1858, § 3610 (deriv. Acts 1851-1852, ch. 166, § 5); Shan., §5375; Code 1932, § 9534; T.C.A. (orig. ed.), § 25-313.
A special commissioner appointed by the court to sell property or to receive and collect funds, is, in all cases, liable on motion, in the same way and to the same extent as the clerks of the courts.
Code 1858, § 3610 (deriv. Acts 1851-1852, ch. 166, § 5); Shan., §5375; Code 1932, § 9534; T.C.A. (orig. ed.), § 25-313.