Tennessee judgment records are the files that communicate the decisions of a court in a lawsuit. In Tennessee's judicial structure, different courts record and manage judgment documents within the state; the Circuit Court keeps files of civil cases such as debt disputes and divorces. On the other hand, the Chancery Court has jurisdiction over asset sharing and land disputes.
Under the Tennessee Public Records Act § 10-7-503, judgment records and other Tennessee court records are available to members of the public for inspection either via the web or in courthouses at the Clerk Offices around the state. A verdict file mainly contains oral proceedings, the case number, the details of the presiding judge, the judgment, and the names of the parties in the suit.
What is a Judgment?
The word "judgment" is a legal term used to connote the decision of a court concerning the rights of an individual in a legal suit. A judgment is a final verdict, and it also explains the court order.
At a judicial function, the jury in a court may advise a different judgment. However, for this judgment to be legally binding, the judge must make the pronouncement. Before passing a decision during a hearing and other court proceedings, the court only entertains evidence and arguments relating to the case as other elements beyond these facts are invalid.
Tennessee Judgment Laws
The Tennessee judgment laws summarized in the Rules of Civil Procedure serve as a template for the activities in the court in respect to judgment. It also contains information about filings, pleadings, and defenses.
What is Judgment Lien?
A Tennessee judgment lien is also referred to as an "abstract of judgment," and it is a written summary containing the proceedings of a court. The lien gives the creditor the right to a certain percentage of money from selling the debtor's assets. In Tennessee, the court may issue a judgment lien without the debtor's consent, and it remains valid for ten years irrespective of a change in ownership.
What is a Tennessee Summary Judgement?
A Tennessee summary judgment is the final decree of a judge on a legal action without a trial. Typically, there are no compelling grounds to require a trial in this type of situation, or the defending party lacks representation and defenses. Also, it is an effort to avoid unnecessary hearings and litigation.
Generally, both plaintiffs and defendants are eligible for summary judgments. Although, most of the time, plaintiffs turn out victorious. The summary ruling of the court dictates certain conditions to the losing party. These conditions could either be for the party to pay an amount of money or otherwise. Once the judge enters a summary judgment, the judicial officer is unlikely to re-open the case for a contest. Nevertheless, the ruling is appealable in a court of higher jurisdiction.
What is A Summary Judgment Motion In Tennessee?
A motion for summary judgment prays the court to issue a ruling to the advantage of the movant in the absence of trial. Following the legal provisions in Rule 56.01 and Rule 56.02, both parties in a suit may file a motion for summary judgment. However, according to Rule 56.03, each motion must be followed by a statement of the material facts.
Per Rule 56.04, when a trial court is ruling on a motion for summary judgment, it must arrive at two major resolutions. Firstly, the court must decipher if the pleadings, answers to interrogations, and affidavits show no reason to dispute the material fact. Secondly, the court must also determine if it is possible to render a summary judgment after analyzing the applicable legal principles.
When filing a motion for summary judgment, the moving party must serve the motion to the opposition within thirty days before the scheduled date for hearing. The opposing party must also file a response within five days before the hearing agreeing to one of the following;
- The fact is uncontested.
- The fact is undisputed for the ruling of summary judgment only
- The fact is disputable
Upon completion, regardless of the victim or the victor, the court must explain the reasons for its ruling.
Tennessee Judgment Record Search
The Tennessee Public Records Act § 10-7-503 allows the general public to inspect, review and copy government records, including judgment documents. Since the court clerk in courthouses preserves court records, a party seeking information about a judgment file must locate the court of adjudication to inquire. The requestor must also give details of the document in question. Meanwhile, the court may charge the inquirer some amount to cover for copying fees. Usually, the court clerk responds to a record request within seven days. However, if the court denies the request, the response would state the reason for denial and the unavailability of records.
How Do I Look Up a Judgment In Tennessee?
An interested person may look up a judgment in Tennessee at the courthouse that heard the case during working days and hours. Usually, it is the Office of the Court Clerk that attends to such requests. However, when inquiring, the requester must give basic details of the judgment of interest, including parties in the case, the date of judgment, or the name of the presiding judge, if known. Instead of an in-person request, a requestor also has the option of obtaining a judgment file via mail. For mail requests, the inquirer must complete the record request form with a preference for delivery and mail it to the relevant court.
What Happens if You Have a Judgment Against You in Tennessee?
Once the court passes a judgment, all parties in the suit must satisfy the court orders. For the losing party, it mostly means that the individual must pay for damages with adherence to other court conditions. Therefore, refusing to satisfy the judgment worsens the situation as creditors may employ other means to get the verdict. Legally, plaintiffs have the right to place a lien on a debtor's assets and properties or trigger a wage garnishment. Such actions negatively impact the defaulter's standard of living. Far-flung from these possibilities, a debtor still has the room to file an appeal if reasonable grounds exist for the action.
How Do I Find Out If I Have Any Judgments Against Me In Tennessee?
To find out about any unpaid judgment, an interested party may contact the clerk of courts to make inquiries. Alternatively, concerned persons may comb through their mail for a summons or a notice of entry of judgment.
How Long Does A Judgment Stay On Your Record?
A judgment stays on a debtor's record for as long as ten years or more. The time starts counting immediately after the judgment entry. However, a judgment may only be removed after it expires or when the court vacates the judgment.
How To Enforce A Judgment In Tennessee
A judgment is not an automatic demand for payment but states that some party is entitled to compensation, and the other entity must pay. The court also may not enforce a judgment on behalf of the winning party. To execute a judgment, the winner in the case must file a certified copy of the judgment with the register's office in the county in which the defaulter owns property or may own property in the future. Following this action, a judgment lien is placed on the defaulter's property, indicating a legal charge. The judgment lien states the right of the creditor to seize the property of the defaulter and sell it to repay the debt. Hence, the judgment lien enforces the judgment but is still not a direct action to collect the debt unless the lien is executed. The defaulter may choose to pay the debt to remove the lien.
How To Collect A Judgment In Tennessee
Collecting a judgment implies direct action to recover the money owed. There are several methods that a creditor may use to recover money in Tennessee. The first is by execution of a judgment lien on personal property. The lien prompts a process that leads to the eventual sale of the debtor's property to raise the money to pay off a creditor. Following the filing with the county's register, the lender receives a writ of execution. The sheriff is able to execute the lien once the creditor submits the writ to the officer. Then, the sheriff notifies the debtor of the impending execution and makes publications in newspapers about the intended sale. If the debtor still fails to pay, the sheriff may sell the debtor's property to repay the lender.
The second means of collecting a judgment debt in Tennessee is by garnishing the debtor's bank accounts, wages, salaries, and accounts receivable. The court may compel the debtor's employers or persons in possession of funds belonging to the debtor to pay the amount held to the creditor. To implement a garnishment, the creditor must file an issuance of garnishment with the court clerk. After that, the establishments that possess the defaulter's money and the debtor receive the garnishment notices. If the debtor does not quash the garnishment, part or all of the debtor's money will be turned over to the creditor.
What Happens if a Defendant Does Not Pay a Judgment in Tennessee
If a defendant refuses to pay a judgment, the entity is liable to enforcement and collection efforts by the winning party. These may lead to the placement of liens on the real estate of the defendant. The lien restricts the ability of the defendant to sell the property to raise money for personal benefits. Ultimately, the creditor may go ahead to sell the defaulter's properties to make up for the loan. The debtor also risks the loss of personal property or loss of wealth. If garnishment of wages occurs, the debtor experiences reduction of personal income until the debt is paid off. An outstanding judgment also appears on a debtor's credit report, which negatively impacts credit rating, making it harder to obtain loans.
What Personal Property Can Be Seized in a Judgment in Tennessee?
Tennessee prohibits seizing specific personal properties in a judgment. These are divided into selectively exempt property as stated under Tennessee Code § 26-2-103 and property exempt under the law. The debtor personally selects properties for exemption. However, the total property the debtor chooses for exemption must not exceed an aggregate value of $10,000 equity interest. Notably, items which are purchased or maintained by fraudulently obtained funds are not eligible for selective exemption.
Property exempt under law include all necessary and proper wearing apparels of the debtor and the family; trunks and receptacles for containing exempt apparels; all family portraits and pictures; the family Bible and school books. These exemptions are absolute according to Tennessee Code § 26-2-104.
Tennessee Judgment Interest Rate
The interest rate on a judgment in Tennessee was outlined in Bill HB 2982, also identified as Public Chapter Number 1043. The bill sets the interest rate on a decision as two percent lower than the formula rate Tennessee Department of Financial Institutions publishes. In Tennessee, the present interest rate on judgments is 5.25%.
What is a Default Judgment?
Tennessee's default judgment is a court's final ruling in a civil action when the accused party fails to plead or otherwise defend against the action. If the plaintiff applies for a default judgment following due process, the court may render a decision in favor of the applicant without trial and in the absence of the defending party.
As no civil action is initiated against a person without their knowledge, the court serves the defendant a written notice about the impending default judgment at least five days before the application hearing. A person who was duly notified of the civil action against them by publication may not receive the written notice from the court unless the party appears in court at least once. If the defendant makes no further attempt to defend against the judgment, the court holds a hearing on the application for default judgment and may choose to grant or deny the application. If the court grants the request, it enters a judgment in favor of the applicant.
In Tennessee, a party may not seek a default judgment against an incompetent person or a minor in the state unless represented by a guardian or another representative. In the same vein, an applicant may not request a default against military personnel away on active military service. Rule 55 of the Tennessee Rules of Civil Procedure covers a person's right when filing for a default judgment.
How to File a Motion To Set Aside Default Judgment in Tennessee
A party may file a motion to set aside a default judgment at the court where the case began initially. The motion is a written declaration that must state the reason for the absence during court proceedings. If the court approves the motion, the court sets aside the judgment and gives room for a contest in the civil action. However, the movant must file the motion within a year of judgment entry.
How to File a Motion To Vacate Judgment in Tennessee
The procedure for filing a motion to vacate a judgment in Tennessee is the same as setting aside a default judgment. A concerned party may remove a verdict by filing a motion to vacate a judgment at the court for tangible reasons. According to Rule 60.02 of Tennessee Rules of Civil Procedure, grounds to which the court may vacate a judgment include;
- Mistake, inadvertence, surprise, or excusable neglect
- Misrepresentation, fraud, or other misconduct by the opposing party
- Void judgment
- Satisfied, released, or discharged judgment
- Any other reason justifying relief from the judgment which the court finds to be in a good cause
The moving party must file the motion to vacate the judgment within a year after the judgment was entered in the state.
How To Remove An Abstract Of Judgment In Tennessee
The only way to remove an abstract of judgment is to either satisfy the judgment or obtain a release from the judgment creditor. If either of these occurs, the creditor records a termination statement with the Register's Office. Afterward, the court removes the abstract of judgment.
How Long Is a Judgment Good For In Tennessee
A judgment in Tennessee is valid for ten years. After the ten years expires, the judgment creditor may renew the verdict for another ten years by filing a motion with the court. The lender must also send a copy of the motion for extension to the debtor. The judgment debtor may then respond to the court to deny the motion and present reasons. If the court does not reject the motion, it extends the judgment for another ten years.
Tennessee Judgment Statute of Limitations Law
The Tennessee judgment statute of limitations law states the period of relevance or applicability of a judgment. The statutes specify the period within which a creditor may collect on a judgment. Under Tennessee Code § 28-3-110, the duration of validity for judgments is ten years. However, specific verdicts are exempt from the limitation. These include:
- Judgments for the injury or death of persons resulting from the judgment debtor's criminal conduct
- Judgments that were originally an order of restitution (Tennessee Code § 40-35-304).
