Rule 3A.04. Enrollment and Execution

If the judgment debtor does not file a response or answer within thirty (30) days after service, the Clerk shall

(1)  Enroll the judgment; and

(2)  Upon the filing of a request for execution, issue the execution, by garnishment, attachment, or as otherwise requested, without requiring further order from the Court.

 

STATE OF TENNESSEE

In the ____________ Court of ___________ County

____________________________Plaintiff(s),

vs.

____________________________,Defendant(s)

No. ___________________

SUMMONS for ENFORCEMENT OF FOREIGN JUDGMENT

TO: _____________________________________________________

Defendant                                          Address

_____________________________________________________

Defendant                                          Address

You are hereby notified that a judgment creditor has filed in the _______ Court of _________ County, Tennessee in the above styled case a judgment entered against you in another state. If you object to entry of this judgment or the foreign judgment is on appeal, you must file a response or answer objecting to the enrollment of this judgment in the office of the Court Clerk of __________ County, Tennessee on or before thirty (30) days after service of this summons upon you. If you fail to do so, the Clerk may issue execution on the foreign judgment against you.

WITNESSED and Issued this ____day of __________ , 20 ________,

____________________, ___________Court Clerk

By ___________________________ , Deputy Clerk

ATTORNEY FOR PLAINTIFF. _______________________________________

PLAINTIFF’S ATTORNEY’S ADDRESS. ________________________________

PLAINTIFF’S ADDRESS. __________________________________________

Received this ____ day of ________________, 20______

                                                          By. _________________________________, Deputy Sheriff

State of Tennessee

County of _______________

I, _______________________________, Clerk of the _________ Court, in and for the State and County aforesaid, hereby certify that the within and foregoing is a true and correct copy of the original writ of summons issued in this case.

____________________, ___________Court Clerk

By _________________________________ , D.C.

OFFICER’S RETURN

I certify that I served this summons together with the foreign judgment, notice of filing of foreign judgment, and affidavit of the judgment creditor as follows.

□ On ___________________, 20___, I delivered a copy of the summons, enrolled foreign judgment, and creditor’s affidavit to the defendant, _______________________________________________________________________________________________

□ Failed to serve this summons within 30 days after its issuance because. _______________________________________________________________________________________________

__________________________________

Please Print. Sheriff

__________________________________

Please Print. Deputy Sheriff

__________________________________

Agency Address                                            Signature

CLERK’S RETURN

I hereby acknowledge and accept service of the within summons and receive copy of same, this _____ day of ________________, 20____.

_________________________________

Defendant

____________________, ___________Court Clerk

By _________________________________ , D.C.

NOTICE TO DEFENDANT(S)

Tennessee law provides a ten thousand ($10,000.00) personal property exemption from execution or seizure to satisfy a judgment. If a judgment should be entered against you in this action and you wish to claim property as exempt, you must file a written list, under oath, of the items you wish to claim as exempt, with the clerk of the court. The list may be filed at any time and may be changed by you thereafter as necessary; however, unless it is filed before the judgment becomes final, it will not be effective as to any execution or garnishment issued prior to the filing of the list. Certain items are automatically exempt by law and do not need to be listed; these include items of necessary wearing apparel (clothing) for yourself and your family and trunks or other receptacles necessary to contain such apparel, family portraits, the family Bible, and school books. Should any of these items be seized you would have the right to recover them. If you do not understand your exemption right or how to exercise it, you may wish to seek the counsel of a lawyer.

Click here for Advisory Commission Comments to Rules 3A.01 – 3A.04.

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