Title 29, Remedies and Special Proceedings

(a) The action may be instituted in the court of general sessions or in the circuit court or chancery court. (b) The action may be instituted in any county where any part of the personal property is located, in the county where the contract was executed, in the county where any d…

(a) The action to recover personal property shall be commenced by filing a complaint in the circuit or chancery court, or by causing a warrant to issue in the general sessions court. (b) If the plaintiff's right of possession is founded upon a writing, a copy of the writing shall…

(a) The action to recover personal property shall be filed with the clerk and process shall issue. The process shall show on its face that a possessory hearing will be held on a date and a time specified before the judge or chancellor of the court where the action is filed. (b) T…

(a) If requested by the plaintiff and upon the plaintiff's posting bond in an amount to be determined by the court, but not to exceed the value of the property, the judge may concurrently issue an order restraining the defendant from damaging, concealing or removing such property…

(a) As an alternative to commencing an action to recover personal property as otherwise provided in this part, any party needing or desiring to expedite the proceeding may commence and expedite the action by proceeding as follows:(1) Application for a writ of possession may be ma…

(a) The writ of possession shall direct the proper officer to take the property out of the possession of the defendant and deliver the same to the plaintiff. (b) The writ of possession shall be executed by the proper officer by seizing the personal property and delivering the sam…

(a) In an action to recover personal property, in addition to the recovery of the property, the plaintiff may proceed to recover the balance due on the debt or the plaintiff may, in addition to recovering the personal property, obtain a judgment against the defendant for any debt…

In the event an appeal is perfected to the supreme court or to the court of appeals, or to the circuit court from such judgment, the appellant shall execute an appeal bond as is otherwise provided for by law.

The court may, in proper cases, give exemplary damages, including reasonable attorneys fees, in favor of the defendant for the plaintiff's wrongful suing out of this possessory action or in the event that the plaintiff fails to prosecute the action after it has been instituted.

Counterpart of the writ of possession may issue, upon suggestion of the plaintiff, to any other county, to be executed upon the goods, or chattels, or served upon defendants found in such county. The court has power to order the issuance of alias and pluries process and writs of …

Where the action is to recover specific personal property, if the party seeks to recover the possession only at the end of the suit, the party may bring detinue.

The action may be brought in any county in which the goods and chattels, or any part of them, are, or in which either of the defendants may be found.

If the officer's return is that the officer has summoned the defendant, but could not get possession of the goods and chattels sued for, the plaintiff may elect to proceed in case or detinue, and then the cause shall be conducted as if the leading process had been in one of those…

Should the defendant, or any defendant, be a nonresident of the state, the officer shall return the fact and the court shall order publication to be made for four (4) successive weeks in some newspaper published in the county in which the suit is pending, or in the nearest county…

The clerk shall not be exempt, by reason of such orders made by the court, from liability for any damages proceeding from failure to take good and sufficient security.

If there be no personal service, the court shall impanel a jury and try the cause as though the defendant had filed a plea.

On the issue being found for the plaintiff, or in case of default, upon writ of inquiry, the jury shall ascertain the plaintiff's damages for the seizure and detention, and judgment shall be rendered therefor with costs.

If the issue is found for the defendant, or the plaintiff dismisses or fails to prosecute the suit, the judgment shall be that the goods be returned to the defendant, or, on failure, that the defendant recover their value, with interest thereon and damages for the detention, the …

Where judgment has been rendered in the alternative, under § 29-30-208, if the goods are not returned to the defendant, and the writ of fieri facias is returned unsatisfied, in whole or in part, the defendant may have an accordant final judgment over, by motion, without notice ag…

(a) The jury may, in proper cases, give exemplary damages in favor of either party. (b) In all cases where the plaintiff fails to prosecute the suit with effect, the jury may make such valuation as will be likely to effect a return of the property to the defendant, if the charact…

The method of obtaining the writ shall be the same as when the suit is prosecuted in court, and the following shall in substance be the form of the writ: State of Tennessee,To the sheriff or any constable of Countysuch county:I command you to summon to appear before me, or some o…

Any constable may execute this writ, and, in exercising this power, shall be governed by the laws regulating sheriffs in the execution of a writ issued by a court.

If the general sessions judge finds the issue in favor of the defendant, or the plaintiff dismisses or fails to prosecute the suit, the judge shall render judgment against the plaintiff and the plantiff's sureties on the replevin bond that the property replevied be returned to th…

(a) The general sessions judge may, in a proper case, give exemplary damages in favor of either party. (b) In all cases where the plaintiff fails to prosecute the suit with effect, the general sessions judge may make such valuation as will be likely to effect the return of the pr…

(1) The following fees shall be allowed in such suit:(1) For issuing the writ $1.00;(2) For rendering the judgment $0.75;(3) To the constable, for executing the writ $3.00. (1) For issuing the writ $1.00; (2) For rendering the judgment $0.75; (3) To the constable, for executing t…

Either party may appeal from the general sessions court's judgment to the circuit court, within the ten (10) days allowed by § 27-5-108, on giving bond in double the value of the property replevied, payable to the opposite party, conditioned to prosecute the appeal with effect, a…

(a) The chancery court of a county in which a minor resides or the chancellor in vacation may remove the disabilities of minority; and the chancery court of any county, or the chancellor of such court in vacation, may remove the disabilities of minority of a nonresident minor of …

(a) The application therefor shall be made in writing by the minor by next friend, and shall state the age of such minor and the names and places of residence of the minor's parents, and if the minor has no parents, the names and places of residence of two (2) of the minor's near…

If such kindred unite in such application, or if the minor has no kindred within the prescribed degree, or the place of residence of such kindred is unknown to the minor or the next friend, it shall not be necessary to make any person defendant thereto; provided, that if any such…

(a) The court, or chancellor in vacation, shall examine the application and the objections thereto, if any, and may hear testimony, by depositions or by viva voce, in reference thereto, and shall make such decree thereon as may be for the best interest of the minor. (b) If a decr…

The decree may be for the partial removal of the disability of the minor so as to enable the minor to do some particular act, proposed to be done, to be specified in the decree; or it may be general and empower the minor to do all acts in reference to the minor's property, making…

A scire facias shall not issue on the application of any person other than the party of record, or that party's attorney, except an administrator de bonis non, in the case of a judgment recovered by a previous executor or administrator, unless such application be in writing and s…

(a) Judges of the courts of general sessions have power to issue scire facias in all cases before them, when it may be necessary, in the same manner and subject to the same rules as such writs issue from courts of record. (b) Scire facias is issued by the general sessions judge h…

When scire facias issues upon the application of any person other than the party of record or the party's attorney, the clerk shall endorse on the back of the scire facias the name of the applicant, who becomes thereby liable for costs.

The clerk who fails to make such endorsement is liable for costs, in the event judgment is against the party suing out the scire facias.

If such clerk falsely and fraudulently endorse the name of any person on a writ of scire facias by such clerk issued, under the foregoing provisions, such clerk commits a Class C misdemeanor and is liable to an action for damages at the suit of such person.

The writ of scire facias is served by reading, or offering to read, the contents of such writ to the person on whom it is to be executed.

When two (2) scire facias have been returned “not found” by the proper officer of the county in which the undertaking was entered into, such returns are equivalent to a personal service, and judgment may be made absolute.

All scire facias issued on conditional judgments and decrees rendered by any of the courts of this state on forfeited bonds, recognizances, subpoenas, summons, and other like obligations may be substantially in the following form, to wit: State of Tennessee, county of To the sher…

(a) If the conditional judgment be on a forfeited subpoena, or summons, to serve as jurors, or any other obligation, the scire facias shall be so changed in form from the above as to give the parties notice of the nature of the obligation on which it is rendered. (b) It shall not…

A surety for the prosecution or defense of any suit in law or equity may be released from such suretyship by giving five (5) days' notice to the surety's principal, if in the state, and to the surety's attorney, if out of the state, of the surety's intention to move for a rule up…

Upon notice thus given, the court shall make a rule requiring the principal, within a given time, to give such counter security; and on failure of the principal to comply with the rule, the court shall dismiss the suit, and give judgment against the principal and the principal's …

The plaintiff may, however, prosecute the suit in the manner prescribed for poor persons, in which case the surety shall be bound only for the costs accruing up to the giving of notice.

The surety upon any bond for the replevy of property, given in any cause may, by notice in writing, require the surety's principal to give surety sufficient counter security to indemnify surety against liability on such bond.

(a) The new replevy bond, if given, shall be made payable to the original surety, and such surety is authorized to act in reference to the property as if the surety had been the plaintiff in the action. (b) The new bond shall be filed with the original replevy bond, and may be en…

If the principal fail to give such counter security within five (5) days after the service of notice, the clerk of the court is authorized upon affidavit of the facts, to issue a writ to the sheriff, commanding the sheriff to seize and hold such property, according to the terms o…