reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 25 - JUDGMENTS (§§ 25-1-101 — 25-5-109) › Chapter 3 - JUDGMENT BY MOTION (§§ 25-3-101 — 25-3-144) › Section 25-3-120 - Jurisdiction of motions against attorneys

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.
2023 Tennessee Code › Title 25 - JUDGMENTS (§§ 25-1-101 — 25-5-109) › Chapter 3 - JUDGMENT BY MOTION (§§ 25-3-101 — 25-3-144) › Section 25-3-121 - Striking attorney from rolls

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.
2023 Tennessee Code › Title 25 - JUDGMENTS (§§ 25-1-101 — 25-5-109) › Chapter 3 - JUDGMENT BY MOTION (§§ 25-3-101 — 25-3-144) › Section 25-3-122 - Motion by surety

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.
2023 Tennessee Code › Title 25 - JUDGMENTS (§§ 25-1-101 — 25-5-109) › Chapter 3 - JUDGMENT BY MOTION (§§ 25-3-101 — 25-3-144) › Section 25-3-123 - Joint or several motion

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.
2023 Tennessee Code › Title 25 - JUDGMENTS (§§ 25-1-101 — 25-5-109) › Chapter 3 - JUDGMENT BY MOTION (§§ 25-3-101 — 25-3-144) › Section 25-3-124 - Surety on confessed judgment

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.
2023 Tennessee Code › Title 25 - JUDGMENTS (§§ 25-1-101 — 25-5-109) › Chapter 3 - JUDGMENT BY MOTION (§§ 25-3-101 — 25-3-144) › Section 25-3-125 - Stayors

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.
2023 Tennessee Code › Title 25 - JUDGMENTS (§§ 25-1-101 — 25-5-109) › Chapter 3 - JUDGMENT BY MOTION (§§ 25-3-101 — 25-3-144) › Section 25-3-126 - Accommodation endorsers

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.
2023 Tennessee Code › Title 25 - JUDGMENTS (§§ 25-1-101 — 25-5-109) › Chapter 3 - JUDGMENT BY MOTION (§§ 25-3-101 — 25-3-144) › Section 25-3-127 - Motion against cosurety

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.
2023 Tennessee Code › Title 25 - JUDGMENTS (§§ 25-1-101 — 25-5-109) › Chapter 3 - JUDGMENT BY MOTION (§§ 25-3-101 — 25-3-144) › Section 25-3-128 - Personal representatives

(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.
2023 Tennessee Code › Title 25 - JUDGMENTS (§§ 25-1-101 — 25-5-109) › Chapter 3 - JUDGMENT BY MOTION (§§ 25-3-101 — 25-3-144) › Section 25-3-129 - Jurisdiction of motions

(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.
2023 Tennessee Code › Title 25 - JUDGMENTS (§§ 25-1-101 — 25-5-109) › Chapter 3 - JUDGMENT BY MOTION (§§ 25-3-101 — 25-3-144) › Section 25-3-130 - Jurisdiction of special courts

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.
2023 Tennessee Code › Title 25 - JUDGMENTS (§§ 25-1-101 — 25-5-109) › Chapter 3 - JUDGMENT BY MOTION (§§ 25-3-101 — 25-3-144) › Section 25-3-131 - Production of records

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.
2023 Tennessee Code › Title 25 - JUDGMENTS (§§ 25-1-101 — 25-5-109) › Chapter 3 - JUDGMENT BY MOTION (§§ 25-3-101 — 25-3-144) › Section 25-3-132 - Trial of fact of suretyship

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.
2023 Tennessee Code › Title 25 - JUDGMENTS (§§ 25-1-101 — 25-5-109) › Chapter 3 - JUDGMENT BY MOTION (§§ 25-3-101 — 25-3-144) › Section 25-3-133 - Trial of fact of cosuretyship

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.
2023 Tennessee Code › Title 25 - JUDGMENTS (§§ 25-1-101 — 25-5-109) › Chapter 3 - JUDGMENT BY MOTION (§§ 25-3-101 — 25-3-144) › Section 25-3-134 - Amount of judgment

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.
2023 Tennessee Code › Title 25 - JUDGMENTS (§§ 25-1-101 — 25-5-109) › Chapter 3 - JUDGMENT BY MOTION (§§ 25-3-101 — 25-3-144) › Section 25-3-135 - Parties to motions for summary judgment in general

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.
2023 Tennessee Code › Title 25 - JUDGMENTS (§§ 25-1-101 — 25-5-109) › Chapter 3 - JUDGMENT BY MOTION (§§ 25-3-101 — 25-3-144) › Section 25-3-136 - Motion on defective bond

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.
2023 Tennessee Code › Title 25 - JUDGMENTS (§§ 25-1-101 — 25-5-109) › Chapter 3 - JUDGMENT BY MOTION (§§ 25-3-101 — 25-3-144) › Section 25-3-137 - Times notice not required

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.
2023 Tennessee Code › Title 25 - JUDGMENTS (§§ 25-1-101 — 25-5-109) › Chapter 3 - JUDGMENT BY MOTION (§§ 25-3-101 — 25-3-144) › Section 25-3-138 - Notice to constables

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.
2023 Tennessee Code › Title 25 - JUDGMENTS (§§ 25-1-101 — 25-5-109) › Chapter 3 - JUDGMENT BY MOTION (§§ 25-3-101 — 25-3-144) › Section 25-3-139 - Security for costs

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.
2023 Tennessee Code › Title 25 - JUDGMENTS (§§ 25-1-101 — 25-5-109) › Chapter 3 - JUDGMENT BY MOTION (§§ 25-3-101 — 25-3-144) › Section 25-3-140 - Venue of motions

(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.
2023 Tennessee Code › Title 25 - JUDGMENTS (§§ 25-1-101 — 25-5-109) › Chapter 3 - JUDGMENT BY MOTION (§§ 25-3-101 — 25-3-144) › Section 25-3-141 - Concurrent jurisdiction of circuit court

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.
2023 Tennessee Code › Title 25 - JUDGMENTS (§§ 25-1-101 — 25-5-109) › Chapter 3 - JUDGMENT BY MOTION (§§ 25-3-101 — 25-3-144) › Section 25-3-142 - Amount of recovery

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 (12½%) 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.
2023 Tennessee Code › Title 25 - JUDGMENTS (§§ 25-1-101 — 25-5-109) › Chapter 3 - JUDGMENT BY MOTION (§§ 25-3-101 — 25-3-144) › Section 25-3-143 - Remedy cumulative

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.
2023 Tennessee Code › Title 25 - JUDGMENTS (§§ 25-1-101 — 25-5-109) › Chapter 3 - JUDGMENT BY MOTION (§§ 25-3-101 — 25-3-144) › Section 25-3-144 - Return and reimbursement of funds wrongfully granted against individual protected by Servicemembers Civil Relief Act

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.
2023 Tennessee Code › Title 25 - JUDGMENTS (§§ 25-1-101 — 25-5-109) › Chapter 4 - REVIVAL OF JUDGMENTS (§§ 25-4-101 — 25-4-104) › Section 25-4-101 - Revival after year and day

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.
2023 Tennessee Code › Title 25 - JUDGMENTS (§§ 25-1-101 — 25-5-109) › Chapter 4 - REVIVAL OF JUDGMENTS (§§ 25-4-101 — 25-4-104) › Section 25-4-102 - Death of codefendant

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.
2023 Tennessee Code › Title 25 - JUDGMENTS (§§ 25-1-101 — 25-5-109) › Chapter 4 - REVIVAL OF JUDGMENTS (§§ 25-4-101 — 25-4-104) › Section 25-4-103 - Judgments of general sessions courts

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.
2023 Tennessee Code › Title 25 - JUDGMENTS (§§ 25-1-101 — 25-5-109) › Chapter 4 - REVIVAL OF JUDGMENTS (§§ 25-4-101 — 25-4-104) › Section 25-4-104 - Revival by or against heirs

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.
2023 Tennessee Code › Title 25 - JUDGMENTS (§§ 25-1-101 — 25-5-109) › Chapter 5 - LIEN OF JUDGMENT (§§ 25-5-101 — 25-5-109) › Section 25-5-101 - Real property

(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.
2023 Tennessee Code › Title 25 - JUDGMENTS (§§ 25-1-101 — 25-5-109) › Chapter 5 - LIEN OF JUDGMENT (§§ 25-5-101 — 25-5-109) › Section 25-5-102 - Equitable interests

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.
2023 Tennessee Code › Title 25 - JUDGMENTS (§§ 25-1-101 — 25-5-109) › Chapter 5 - LIEN OF JUDGMENT (§§ 25-5-101 — 25-5-109) › Section 25-5-103 - Personal property

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.
2023 Tennessee Code › Title 25 - JUDGMENTS (§§ 25-1-101 — 25-5-109) › Chapter 5 - LIEN OF JUDGMENT (§§ 25-5-101 — 25-5-109) › Section 25-5-104 - Bill to subject interest

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.
2023 Tennessee Code › Title 25 - JUDGMENTS (§§ 25-1-101 — 25-5-109) › Chapter 5 - LIEN OF JUDGMENT (§§ 25-5-101 — 25-5-109) › Section 25-5-105 - Period of lien's continued validity - No revival of registration

(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.
2023 Tennessee Code › Title 25 - JUDGMENTS (§§ 25-1-101 — 25-5-109) › Chapter 5 - LIEN OF JUDGMENT (§§ 25-5-101 — 25-5-109) › Section 25-5-106 - Appeals - Commencement of time for sale

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.
2023 Tennessee Code › Title 25 - JUDGMENTS (§§ 25-1-101 — 25-5-109) › Chapter 5 - LIEN OF JUDGMENT (§§ 25-5-101 — 25-5-109) › Section 25-5-107 - Rights of third parties - Filing abstract of proceedings

(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.
2023 Tennessee Code › Title 25 - JUDGMENTS (§§ 25-1-101 — 25-5-109) › Chapter 5 - LIEN OF JUDGMENT (§§ 25-5-101 — 25-5-109) › Section 25-5-108 - Contents of abstract

(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.
2023 Tennessee Code › Title 25 - JUDGMENTS (§§ 25-1-101 — 25-5-109) › Chapter 5 - LIEN OF JUDGMENT (§§ 25-5-101 — 25-5-109) › Section 25-5-109 - Furnishing of abstract - Fees

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.
2023 Tennessee Code › Title 26 - EXECUTION (§§ 26-1-101 — 26-6-211) › Chapter 1 - ISSUANCE AND RETURN IN GENERAL (§§ 26-1-101 — 26-1-402) › Part 1 - GENERAL PROVISIONS (§§ 26-1-101 — 26-1-111) › Section 26-1-101 - Writs to secure property

If a judgment or decree be that the party recover or be put in possession of the specific property, real or personal, the court may carry the same into effect by writ of possession or other process sufficient for the purpose.
Code 1858, § 2997; Shan., § 4727; Code 1932, § 8861; T.C.A. (orig. ed.), § 26-101.
2023 Tennessee Code › Title 26 - EXECUTION (§§ 26-1-101 — 26-6-211) › Chapter 1 - ISSUANCE AND RETURN IN GENERAL (§§ 26-1-101 — 26-1-402) › Part 1 - GENERAL PROVISIONS (§§ 26-1-101 — 26-1-111) › Section 26-1-102 - Attachment in nature of execution

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.
2023 Tennessee Code › Title 26 - EXECUTION (§§ 26-1-101 — 26-6-211) › Chapter 1 - ISSUANCE AND RETURN IN GENERAL (§§ 26-1-101 — 26-1-402) › Part 1 - GENERAL PROVISIONS (§§ 26-1-101 — 26-1-111) › Section 26-1-103 - Enforcement of money judgments

All judgments and decrees of any of the judicial tribunals of this state for money may be enforced by execution.
Code 1858, § 2998 (deriv. Acts 1787, ch. 22, § 2); Shan., § 4728; Code 1932, § 8862; T.C.A. (orig. ed.), § 26-103.
2023 Tennessee Code › Title 26 - EXECUTION (§§ 26-1-101 — 26-6-211) › Chapter 1 - ISSUANCE AND RETURN IN GENERAL (§§ 26-1-101 — 26-1-402) › Part 1 - GENERAL PROVISIONS (§§ 26-1-101 — 26-1-111) › Section 26-1-104 - Property subject to execution

Executions issue against the goods and chattels, lands and tenements, of the defendant.
Code 1858, § 2999 (deriv. Acts 1787, ch. 22, § 2; 1794, ch. 1, § 23); Shan., § 4729; Code 1932, § 8863; T.C.A. (orig. ed.), § 26-104.
2023 Tennessee Code › Title 26 - EXECUTION (§§ 26-1-101 — 26-6-211) › Chapter 1 - ISSUANCE AND RETURN IN GENERAL (§§ 26-1-101 — 26-1-402) › Part 1 - GENERAL PROVISIONS (§§ 26-1-101 — 26-1-111) › Section 26-1-105 - Distringas or fieri facias against corporate property

The party, in whose favor a judgment or decree is rendered against a corporation, may sue out a distringas or fieri facias, to be levied as well on the choses in action as on the goods, chattels, lands, and tenements of the corporation, and, in case of a levy on choses in action, the court may appoint a receiver to collect the same.
Code 1858, § 3000 (deriv. Acts 1845-1846, ch. 55, § 4); Shan., § 4730; Code 1932, § 8864; T.C.A. (orig. ed.), § 26-105.
2023 Tennessee Code › Title 26 - EXECUTION (§§ 26-1-101 — 26-6-211) › Chapter 1 - ISSUANCE AND RETURN IN GENERAL (§§ 26-1-101 — 26-1-402) › Part 1 - GENERAL PROVISIONS (§§ 26-1-101 — 26-1-111) › Section 26-1-106 - Execution for benefit of executive officer's sureties

(a)
Whenever a judgment by motion or action at law is had against a sheriff, coroner, or constable, and the official sureties of such officer, for a failure of duty in and about an execution, and the amount of such judgment has been paid by the sureties, the sureties are entitled, at their cost and risk, to issue an execution for their benefit on the original judgment.
(b)
The clerk shall, in such case, endorse upon the execution at whose instance it is sued out, and take from such persons bond with security in a sufficient amount for the costs and damages which may accrue.
Code 1858, §§ 2994, 2995 (deriv. Acts 1849-1850, ch. 145, § 1); Shan., §§ 4724, 4725; Code 1932, §§ 8858, 8859; modified; T.C.A. (orig. ed.), §§ 26-106, 26-107.
2023 Tennessee Code › Title 26 - EXECUTION (§§ 26-1-101 — 26-6-211) › Chapter 1 - ISSUANCE AND RETURN IN GENERAL (§§ 26-1-101 — 26-1-402) › Part 1 - GENERAL PROVISIONS (§§ 26-1-101 — 26-1-111) › Section 26-1-107 - Setting aside satisfaction after recovery of property by defendant

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.
2023 Tennessee Code › Title 26 - EXECUTION (§§ 26-1-101 — 26-6-211) › Chapter 1 - ISSUANCE AND RETURN IN GENERAL (§§ 26-1-101 — 26-1-402) › Part 1 - GENERAL PROVISIONS (§§ 26-1-101 — 26-1-111) › Section 26-1-108 - Return of original before issue of alias execution

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.
2023 Tennessee Code › Title 26 - EXECUTION (§§ 26-1-101 — 26-6-211) › Chapter 1 - ISSUANCE AND RETURN IN GENERAL (§§ 26-1-101 — 26-1-402) › Part 1 - GENERAL PROVISIONS (§§ 26-1-101 — 26-1-111) › Section 26-1-109 - When executions tested

Court executions are tested the day of issuance.
Code 1858, § 3001; Shan., § 4731; Code 1932, § 8865; Acts 1975, ch. 95, § 1; impl. am. Acts 1979, ch. 68, §§ 2, 3; modified; T.C.A. (orig. ed.), § 26-110; Acts 1985, ch. 131, § 1.
2023 Tennessee Code › Title 26 - EXECUTION (§§ 26-1-101 — 26-6-211) › Chapter 1 - ISSUANCE AND RETURN IN GENERAL (§§ 26-1-101 — 26-1-402) › Part 1 - GENERAL PROVISIONS (§§ 26-1-101 — 26-1-111) › Section 26-1-110 - Garnishee unable to identify defendant

(a)
A garnishee who:
(1)
Receives an execution without the defendant's social security number, if an individual, or federal taxpayer identification, if a corporation, partnership, trust or other entity; and
(2)
After reasonable effort is otherwise unable to identify the defendant or to distinguish the defendant from other individuals or entities based on the information provided on the execution;
may return the execution with the statement "Defendant cannot be identified or distinguished from information provided on the execution."
(b)
The failure to include a social security number or taxpayer identification number shall not invalidate the execution.
Acts 1994, ch. 836, § 1.
2023 Tennessee Code › Title 26 - EXECUTION (§§ 26-1-101 — 26-6-211) › Chapter 1 - ISSUANCE AND RETURN IN GENERAL (§§ 26-1-101 — 26-1-402) › Part 1 - GENERAL PROVISIONS (§§ 26-1-101 — 26-1-111) › Section 26-1-111 - Suspension of foreclosure proceedings for active military personnel

(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.
2023 Tennessee Code › Title 26 - EXECUTION (§§ 26-1-101 — 26-6-211) › Chapter 1 - ISSUANCE AND RETURN IN GENERAL (§§ 26-1-101 — 26-1-402) › Part 2 - TIME FOR ISSUANCE (§§ 26-1-201 — 26-1-207) › Section 26-1-201 - Issuance without demand

The clerks of the several courts may issue executions in favor of the successful party on all judgments as soon after the adjournment of the court as practicable within the time prescribed by this code, without any demand of the party.
Code 1858, § 3002; Shan., § 4732; Code 1932, § 8866; T.C.A. (orig. ed.), § 26-111; Acts 1985, ch. 131, § 2.
2023 Tennessee Code › Title 26 - EXECUTION (§§ 26-1-101 — 26-6-211) › Chapter 1 - ISSUANCE AND RETURN IN GENERAL (§§ 26-1-101 — 26-1-402) › Part 2 - TIME FOR ISSUANCE (§§ 26-1-201 — 26-1-207) › Section 26-1-202 - Time of issuance from Supreme Court

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.
2023 Tennessee Code › Title 26 - EXECUTION (§§ 26-1-101 — 26-6-211) › Chapter 1 - ISSUANCE AND RETURN IN GENERAL (§§ 26-1-101 — 26-1-402) › Part 2 - TIME FOR ISSUANCE (§§ 26-1-201 — 26-1-207) › Section 26-1-203 - Time of issuance from courts of record

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.
2023 Tennessee Code › Title 26 - EXECUTION (§§ 26-1-101 — 26-6-211) › Chapter 1 - ISSUANCE AND RETURN IN GENERAL (§§ 26-1-101 — 26-1-402) › Part 2 - TIME FOR ISSUANCE (§§ 26-1-201 — 26-1-207) › Section 26-1-206 - Accelerated execution

(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.
2023 Tennessee Code › Title 26 - EXECUTION (§§ 26-1-101 — 26-6-211) › Chapter 1 - ISSUANCE AND RETURN IN GENERAL (§§ 26-1-101 — 26-1-402) › Part 2 - TIME FOR ISSUANCE (§§ 26-1-201 — 26-1-207) › Section 26-1-207 - Issuance on demand

In all other cases, the clerk shall issue to the plaintiff, the plaintiff's agent or attorney, on demand, an execution on any judgment or decree to which the plaintiff is entitled. Any clerk, who fails or refuses to issue execution as prescribed in this section, forfeits five hundred dollars ($500), to be recovered by action, and is liable to the party aggrieved in damages, and commits a Class C misdemeanor, for which, upon conviction, such clerk shall be removed from office.
Code 1858, §§ 3013, 3014 (deriv. Acts 1832, ch. 3, §§ 1, 2); Shan., §§ 4741, 4742; mod. Code 1932, §§ 8875, 8876; modified; T.C.A. (orig. ed.), § 26-120; Acts 1989, ch. 519, § 113.
2023 Tennessee Code › Title 26 - EXECUTION (§§ 26-1-101 — 26-6-211) › Chapter 1 - ISSUANCE AND RETURN IN GENERAL (§§ 26-1-101 — 26-1-402) › Part 3 - ENDORSEMENT AND DOCKETING (§§ 26-1-301 — 26-1-304) › Section 26-1-301 - Endorsement on execution

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.
2023 Tennessee Code › Title 26 - EXECUTION (§§ 26-1-101 — 26-6-211) › Chapter 1 - ISSUANCE AND RETURN IN GENERAL (§§ 26-1-101 — 26-1-402) › Part 3 - ENDORSEMENT AND DOCKETING (§§ 26-1-301 — 26-1-304) › Section 26-1-302 - Docket entry

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.
2023 Tennessee Code › Title 26 - EXECUTION (§§ 26-1-101 — 26-6-211) › Chapter 1 - ISSUANCE AND RETURN IN GENERAL (§§ 26-1-101 — 26-1-402) › Part 3 - ENDORSEMENT AND DOCKETING (§§ 26-1-301 — 26-1-304) › Section 26-1-303 - Penalties for failure to endorse or docket

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 (1/2) to the informer and the other one-half (1/2) 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.
2023 Tennessee Code › Title 26 - EXECUTION (§§ 26-1-101 — 26-6-211) › Chapter 1 - ISSUANCE AND RETURN IN GENERAL (§§ 26-1-101 — 26-1-402) › Part 3 - ENDORSEMENT AND DOCKETING (§§ 26-1-301 — 26-1-304) › Section 26-1-304 - Endorsement by executive officer

(a)
The officer to whom an execution is legally issued, shall, in like manner, endorse thereon the day on which such officer received it, any levy, sale or other act done by virtue thereof, with the date, and the dates and amounts of any receipts or payments in satisfaction thereof, the endorsements to be made at the time of the receipt or act done.
(b)
Any officer, who fails or neglects to comply with the provisions of this section, forfeits one hundred twenty-five dollars ($125) to any person who will sue therefor, and also commits a Class C misdemeanor, for which, on conviction, such officer may be removed from office.
Code 1858, §§ 3018, 3019 (deriv. Acts 1794, ch. 1, § 9); Shan., §§ 4746, 4747; Code 1932, §§ 8880, 8881; T.C.A. (orig. ed.), § 26-124; Acts 1989, ch. 591, § 113.
2023 Tennessee Code › Title 26 - EXECUTION (§§ 26-1-101 — 26-6-211) › Chapter 1 - ISSUANCE AND RETURN IN GENERAL (§§ 26-1-101 — 26-1-402) › Part 4 - RETURN (§§ 26-1-401 — 26-1-402) › Section 26-1-401 - When executions returnable

(a)
All executions issuing from the supreme court, court of appeals, circuit, chancery, criminal and special courts shall be returnable within thirty (30) days after the date of their issuance.
(b)
All general sessions executions shall be returnable within thirty (30) days after the date of their issuance either to the court that issued them or to the court that has possession of the original judgment.
Code 1858, §§ 3021-3024 (deriv. Acts 1835-1836, ch. 6, § 10; ch. 17, § 4; Acts 1837-1838, ch. 190, § 2); Shan., §§ 4749-4752; mod. Code 1932, §§ 8883-8886; Acts 1955, ch. 270, § 1; impl. am. Acts 1979, ch. 68, §§ 2, 3; modified; T.C.A. (orig. ed.), §§ 26-125--26-128; Acts 1985, ch. 131, § 4.
2023 Tennessee Code › Title 26 - EXECUTION (§§ 26-1-101 — 26-6-211) › Chapter 1 - ISSUANCE AND RETURN IN GENERAL (§§ 26-1-101 — 26-1-402) › Part 4 - RETURN (§§ 26-1-401 — 26-1-402) › Section 26-1-402 - Duties of executing officer

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.
2023 Tennessee Code › Title 26 - EXECUTION (§§ 26-1-101 — 26-6-211) › Chapter 2 - EXEMPTIONS-GARNISHMENT (§§ 26-2-101 — 26-2-410) › Part 1 - EXEMPTIONS (§§ 26-2-101 — 26-2-115) › Section 26-2-101 - Short title

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.
2023 Tennessee Code › Title 26 - EXECUTION (§§ 26-1-101 — 26-6-211) › Chapter 2 - EXEMPTIONS-GARNISHMENT (§§ 26-2-101 — 26-2-410) › Part 1 - EXEMPTIONS (§§ 26-2-101 — 26-2-115) › Section 26-2-102 - Part definitions

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
.
2023 Tennessee Code › Title 26 - EXECUTION (§§ 26-1-101 — 26-6-211) › Chapter 2 - EXEMPTIONS-GARNISHMENT (§§ 26-2-101 — 26-2-410) › Part 1 - EXEMPTIONS (§§ 26-2-101 — 26-2-115) › Section 26-2-103 - Personal property selectively exempt from seizure; exception

(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.
2023 Tennessee Code › Title 26 - EXECUTION (§§ 26-1-101 — 26-6-211) › Chapter 2 - EXEMPTIONS-GARNISHMENT (§§ 26-2-101 — 26-2-410) › Part 1 - EXEMPTIONS (§§ 26-2-101 — 26-2-115) › Section 26-2-104 - Additional personal property absolutely exempt

(a)
In addition to the exemption set out in §
26-2-105
, there shall be further exempt to every resident debtor the following specific articles of personalty:
(1)
All necessary and proper wearing apparel for the actual use of debtor and family and the trunks or receptacles necessary to contain same;
(2)
All family portraits and pictures;
(3)
The family Bible and school books.
(b)
The exemption under this section is absolute, and may be exercised by the judgment debtor before or after issuance of any execution, seizure or attachment by a judgment creditor, unless a judgment creditor, is by execution, foreclosing a security agreement on such property.
Acts 1978, ch. 915, § 5; T.C.A., § 26-204, T.C.A., §
26-2-103
.