Title 25 Judgments
Chapter 1 General Provisions
§ 25-1-102. Action on bond or agreement.
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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.
§ 25-1-103. Set off of judgments.
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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.
§ 25-1-104. Several parties.
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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.
§ 25-1-105. Judgment molded to facts.
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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.
§ 25-1-107. Address of losing party.
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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.
§ 25-1-108. Identification information — Collection of court costs.
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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.
Chapter 2 Confession of Judgment
§ 25-2-101. Power given before action.
- (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.
§ 25-2-102. Confession by surety.
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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.
Chapter 3 Judgment by Motion
§ 25-3-101. Motion by plaintiff against executive officer.
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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 (12½%) 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.
§ 25-3-102. Motion by defendant against executive officer.
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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.
§ 25-3-103. Motion for costs.
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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.
§ 25-3-104. Collections on causes cognizable before general sessions judge.
- (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.
§ 25-3-105. Penalty for failure to return process.
- (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.
§ 25-3-106. Death of officer or surety.
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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.
§ 25-3-107. Execution as evidence.
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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.
§ 25-3-108. Evidence of receipt of execution by officer.
- (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.
§ 25-3-109. Proof of return from another county.
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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.
§ 25-3-110. Inability to return as defense.
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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.
§ 25-3-111. Judgment against clerks.
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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 (12½%) damages; or
- (2)
For delinquencies in regard to revenue, as provided in this Code.
§ 25-3-112. Judgment against special commissioner.
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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.
§ 25-3-113. Judgment against deputy clerk.
- (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.
§ 25-3-114. Judgment for executive officers.
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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.
§ 25-3-115. Jurisdiction of motion on bond.
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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.
§ 25-3-116. Jurisdiction of motion against deputy.
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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.
§ 25-3-117. Judgment against county trustee.
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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.
§ 25-3-118. Motion against tax collector.
- (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 (12½%) damages on the gross amount, and all costs.
§ 25-3-119. Judgment against attorney.
- (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 (12½%) damages, and all costs.
§ 25-3-120. Jurisdiction of motions against attorneys.
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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.
§ 25-3-121. Striking attorney from rolls.
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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.
§ 25-3-122. Motion by surety.
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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.
§ 25-3-125. Stayors.
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Stayors may move against their principals and costayors in the same way, and subject to the same rules and regulations, as sureties.
§ 25-3-126. Accommodation endorsers.
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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.
§ 25-3-127. Motion against cosurety.
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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.
§ 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.
§ 25-3-130. Jurisdiction of special courts.
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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.
§ 25-3-131. Production of records.
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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.
§ 25-3-132. Trial of fact of suretyship.
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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.
§ 25-3-133. Trial of fact of cosuretyship.
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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.
§ 25-3-134. Amount of judgment.
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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.
§ 25-3-136. Motion on defective bond.
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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.
§ 25-3-137. Times notice not required.
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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.
§ 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.
§ 25-3-142. Amount of recovery.
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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.
§ 25-3-143. Remedy cumulative.
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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.
Chapter 4 Revival of Judgments
§ 25-4-101. Revival after year and day.
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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.
§ 25-4-102. Death of codefendant.
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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.
Chapter 5 Lien of Judgment
§ 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.
§ 25-5-102. Equitable interests.
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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.
§ 25-5-103. Personal property.
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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.
§ 25-5-104. Bill to subject interest.
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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.
§ 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.
§ 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.
§ 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.
2024 Tennessee Code Unannotated