Free STATE OF TENNESSEE, COUNTY OF ______________________________________________ - Tennessee

STATE OF TENNESSEE, COUNTY OF___________________________________________
SUMMONS TO RECOVER PERSONAL PROPERTY

Case No. ________________________________________
_________________________________________________ Plaintiff _________________________________________________ Address _________________________________________________ Phone vs. _________________________________________________ Defendant _________________________________________________ Address _________________________________________________ Defendant _________________________________________________ Address

To Any Lawful Officer To Execute and Return: Summon each Defendant to appear before the Judge of the General Sessions Court of _______________________ County, on ___________________________, 20______. To be held in _______________________________________________ (Court Room) ______________________________________________________________(Address)

to answer the claim by Plaintiff(s) for a money judgment of $_____________________ and possession of the following described property:_________________________________________ having a value of ________________________. Plaintiff(s) claim possession because ______________________________________________________________________________. A copy of the writing, if any, upon which plaintiff(s) claim is founded must be attached. Plaintiff(s) makes oath that the foregoing is true to the best of Plaintiff's knowledge and belief. Sworn to and subscribed on ________________________________, 20_____. Clerk/Deputy Clerk/Notary Public ___________________________________________________ (Commission Exp. __________________________) Issued__________________________________________________________________________
Judgment is granted to Plaintiff(s) against Defendant(s) __________________________ __________________________ in the amount of $__________________ and all costs and taxes, and for possession of the described property for which a writ of possession shall be issued on Plaintiff's request. If this action is governed by the Uniform Commercial Code Provisions of state law, Plaintiff shall dispose of said property in accordance with the applicable provisions of said law and shall notify Defendants of the amount to be credited against this judgment prior to the issuance of any writ of execution. Judgment is based on: Default of Defendant Agreement of Parties Trial in Court Case is dismissed and all costs and taxes are to be paid by Plaintiff, for which execution may issue. Dismissal is based on: Failure to prosecute the suit by Plaintiff(s) Non-suit by Plaintiff, requested by: _______________________________ Finding in favor of Defendant(s) after trial

SUMMONS TO RECOVER PERSONAL PROPERTY Court of General Sessions (preprinted name) , Clerk By _____________________________, Deputy Clerk Issued ______________________________, 20_____. Set for ______________________________ at _____. Reset for_____________________________________

JUDGMENT

Served Upon

SERVICE

All Named Defendants All Defendants Except:_______________________________ _____________________________________ _____________________________________ Served _______________________, 20_____.

Sheriff/Constable (Process Server)

_____________________________________ ____________________________________________
Attorney for Plaintiff Telephone _________________________________ _________________________________________________ Attorney for Defendant Telephone ________________________________________

___________________________________, Judge Date______________________________

____________________________________ _______________________________ ORDER _______________________________ _______________________________ _______________________________ ____________________________________
This the _____ day of _________, 20____. ____________________________ Judge

Principal:_______________________________ Surety:_________________________________ FIAT: Upon posting bond of $_____________, Defendant(s) are hereby restrained from damaging, concealing, or removing the described property from the jurisdiction of this Court. IF THIS RETRAINING ORDER IS VIOLATED, DEFENDANT(S) COMMITS A CLASS C MISDEMEANOR AND IS SUBJET FOR EACH VIOLATION TO A FINE NOT TO EXCEED FIFTY DOLLARS ($50) AND/OR IMPRISONMENT UP TO THIRTY (30) DAYS Date:__________________________________ Judge:__________________________________ WAIVER: I (we), the defendant(s) herein, acknowledge that the plaintiff is entitled to possession of the described property, and I (we) hereby voluntarily waive any right to a hearing by tendering the property herewith to the officer, and I (we) acknowledge that if I (we) do not appear and answer as to the merits of the matter on the date specified herein, that a default judgment may be entered against me (us). I (we), the defendants, herein acknowledge that the process server has read and explained to me (us) that I (we) have a constitutional right to a hearing and that I (we) are not required to sign this document of waiver and that I (we) have signed this document of waiver voluntarily.
Date:______________________________________ Defendant:_________________________________

AFFIDAVIT

To the best of my information and belief, after investigation of Defendant's employment, I hereby make affidavit that the Defendant is/is not a member of a military service.

____________________________ Attorney for Plaintiff or Plaintiff

____________________________ Notary Public My Comm. Exp. ______________

NOTICE

PLAINTIFF'S BOND FOR RESTRAINING ORDER: We hereby bind ourselves, our heirs, and assigns to Defendant(s) in the penalty sum of $____________, being the value of the described property, this obligation to be void should Plaintiff(s) abide by and perform the judgment of the Court in this matter. Date:__________________________________

TO THE DEFENDANT(S):

Failure to appear and answer this Summons will result in judgment by default being rendered against you for the relief requested. Tennessee law provides a four thousand dollar ($4000) personal property and five thousand dollar ($5000) homestead 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 items include items of necessary wearing apparel (clothing) for yourself and your family and trunks and 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 execute it, you may wish to seek the counsel of a lawyer.

Legal Authority: TCA §29-30-104