What Is a Small Claims Court in Tennessee?
The Tennessee general sessions courts serve as the small claims courts in the state. These courts have jurisdiction to hear civil actions that do not exceed $25,000.
Cases brought before the small claims court include personal injury, property damage, breach of contract, and eviction disputes. However, the $25,000 statutory limit does not apply to personal property disputes and eviction cases. Persons who wish to file claims higher than $25,000 must file their claims at the circuit court.
How Does the Tennessee Small Claims Court Work?
The Tennessee small claims court allows individuals to recover claims of $25,000 or less. The court process is simple and accessible to the general public. However, claimants can only recover money and must petition other appropriate courts if they want to get an order to make or stop someone from performing an action.
To sue in a Tennessee small claims court, individuals must be at least eighteen years old. Business entities can also file a small claims action. Likewise, any individual or business can also be sued.
Claimants must ensure they file their small claims action at the appropriate general sessions court. A judge will hear the case, and neither party can request a jury trial. Small claims litigants in Tennessee can choose to hire an attorney to represent them, but they can also decide to represent themselves.
After filing a lawsuit, the court will fix the date for a hearing or trial for both parties to present their case. Generally, the judge enters a judgment based on the hearing, which the parties will receive by mail some days after the hearing. Either party can appeal the judgment. However, it will be heard in the circuit court as a new trial, and parties can request a jury trial. Anyone who wants a jury trial must request within ten days of filing the appeal.
How to Take Someone to Small Claims Court in Tennessee
To take someone to a small claims court in Tennessee, an individual will need to visit a general sessions court to get the forms necessary to initiate a lawsuit. The complaint form must be completed with the claimant's and defendant's (sued individual or business) information. The plaintiff must also provide a statement explaining the event that resulted in the suit and the amount they are requesting.
Each general sessions court may have its local rules, so it is best to check the requirements at the clerk's office. The appropriate general sessions court to file at is the one where:
- The person being sued resides
- The county where an office is located (for businesses)
- The injury or damages occurred
- The contractual obligation should have been performed
- The property is located (if the dispute involves a property)
The claimant must file the required forms at the clerk's office, pay the necessary filing fees, and serve the defendant by mail and any other service of process provided by the court. Afterward, the clerk will set a date for the case hearing that both parties must attend.
How Much Can You Sue For in Tennessee Small Claims Court?
In a Tennessee small claims court, claimants cannot ask for more than $25,000. However, there is no monetary limit for eviction claims and property recovery cases.
If a claimant wishes to collect more than $25,000 with a lawsuit or counterclaim, they must file their case at another court (the circuit court).
How to Defend Yourself in Tennessee Small Claims Court
Parties involved in a Tennessee small claims action have the right to represent themselves or hire an attorney. Typically, both sides must attend the court hearing to defend themselves.
Individuals can adequately prepare for the hearing by gathering facts and evidence useful for their defense. Obtaining reliable witnesses to testify in court can also help in court. During the hearing, both sides can ask the witnesses questions relating to their testimony.
It is also important to know the rules and procedures of the court. For example, the court requires individuals to arrive at the court fifteen minutes early. Each local general sessions court may have its specific procedures. Therefore, it is advisable to request such procedures from the court clerk.
How Long Do You Have to Take Someone to Small Claims Court in Tennessee?
Claimants cannot file a small claims action in Tennessee beyond the period provided by state laws (also called the statutes of limitations). Each case has a prescribed number of years in which individuals can begin a lawsuit.
For instance, an individual must file a personal injury action within a year of the incident. Also, claimants have six years to file a contract breach case and three years for property damage claims.
What Happens If You Don't Show Up for Small Claims Court in Tennessee?
Any party that does not show up for a small claims court hearing in Tennessee will have a judgment entered in favor of the opposing side.
An automatic default judgment is awarded against the defendant if they fail to show up. This means that the court will order such defendants to pay the plaintiff the amount claimed. If a plaintiff refuses to show up, the judge can dismiss the claim.
What are Small Claims Court Records in Tennessee?
Tennessee small claims records contain information that is generated during small claims proceedings at the general sessions court. These include the litigants' information, attorney's information, judgments, summons, witness testimonies, and other related details.
Tennessee small claims records are generally available to the public. However, some records may be unavailable due to restrictions by state law or court orders.
Where Can I Find Tennessee Small Claims Court Records?
Individuals can find Tennessee small claims court records with the court that handled the case. The court clerk is responsible for record-keeping and dissemination. Generally, the clerk may provide different options to obtain desired Tennessee court records.
While inquirers can visit the clerk's office to make a record request in person, the court may also provide an online site where interested persons can obtain case information. Requesters should note that record search and duplication fees usually apply.
