Tennessee Supreme Court
Nashville

Personal property is any property other than buildings or land. Personal property includes such items as automobiles, furniture and clothing. If someone is holding personal property that belongs to you, there is a way to use the courts to force the person holding your property to return it. An action to recover personal property is a special type of civil lawsuit you can file to get specific property back. If the property has been destroyed, lost or for some other reason is now useless or unavailable, the court may order that you be paid the value of the property.

If you are filing an action to recover personal property, the court will have jurisdiction to hear your case up to the value of $25,000 rather than [the amount] for other cases.

Bringing A Case To Court -- The First Step

Of course, before you take court action, you should write the person holding your property or money and ask that it be returned. You should set a certain time period, such as ten days, within which the person should respond to your letter. Keep a copy of any letters you send. It is a good idea to send a letter by certified mail and ask for a return receipt. The letter and return receipt will help you show the court you tried to get your property or money back. If the person still refuses to return the property or pay your money, you will need to bring a lawsuit.

How To Get Into Court

You will be charged a filing fee, litigation taxes and sometimes subpoena fees by the court. This fee differs from county to county. If more than one defendant is involved, the fee will be higher. You can call the clerk to find out the costs. If you do not have the money to pay for a civil warrant, you should ask the clerk to allow you to sign [an Affidavit of Indigency]. This is a statement you sign which says you cannot afford the costs of bringing a lawsuit now. Granting permission to use [an Affidavit of Indigency] depends on your income and assets. If the judge or clerk approves the [Affidavit of Indigency], you can delay payment of the fees and still have your case heard, but you may have to pay the costs in the future. Even if the judge approves your [Affidavit of Indigency], you will have to pay the litigation tax at the time you file the warrant.

Each defendant must be served with a copy of the warrant before a hearing is set. If your defendant is out of state or county, there are special procedures you will have to follow to serve them. If the court clerk cannot advise you, you will need to contact an attorney about how to proceed. You will have to pay extra costs for out of state or out of county service.

After you file your warrant, you should check with the clerk's office from time to time to see if service has been made. If the sheriff is unable to find the defendant, you may have to provide him with a more detailed description of the defendant's whereabouts and you may have to have the summons reissued. There is an extra cost for each new summons. When the defendant is served a court date will be set. You may receive notice of the court date, but to be on the safe side, it is a good idea to keep in contact with the court so that you know when service has been made.

Witnesses

You may want to call witnesses at the hearing. If someone saw you make the agreement with the defendant or knows the facts of the case because they saw them happen, their testimony may help your case. If you are very sure your witness will show up, you may only have to tell them the date of the hearing. If you are not sure they will show up or if you do not want the hearing to go on unless the witness is there to testify, you may want to have your witness "subpoenaed". Some witnesses may need a subpoena for work purposes.

A subpoena is a court order telling a person to come to court on a certain day to testify. A witness who has been subpoenaed and does not come to court can be punished by the court. You may get witness subpoenas from the court clerk. There is a fee for the subpoena and it may have to be paid before the subpoena is issued. You may be able to avoid paying this fee by applying for the [Affidavit of Indigency]. It will sometimes be added to the court costs, which will have to be paid by the losing party at the end of the case. The subpoena will be delivered to the witness by an officer of the court. If you have any questions, ask the court clerk.

Before The Hearing

Once the warrant is completed and you have made arrangements for the fees, the warrant will usually be served on the defendant by a sheriff, deputy sheriff or constable. When the warrant is served, the officer will set the court date. As mentioned before, the court MAY NOT NOTIFY YOU of the court date. you should call the court clerk and find out the date. Sometimes hearings are postponed, so you should call the clerk the day before the trial is set to make sure the date for your trial has not been changed. Get everything ready before you go to your hearing. Gather all the papers supporting your side of the case. Decide who you want to call as a witness and what you will ask them. Remember, if you don't understand what you want to say, neither will the judge. If for some reason you change your mind about bringing this suit before the trial, you can dismiss it without hurting your chances to bring it up again later. If you decide to bring your suit again, you must do so within one year of dismissing it. You can only do this twice. After that, the court will decide you have lost the case and you cannot bring suit on that case again.

General Courtroom Tips

Show your respect to the court by wearing your "Sunday best". Stand when you speak to the judge. Use "Sir" or "Ma'am" when speaking to the judge or the lawyer. Do not lose your temper. Do not bring your children to court. Speak loudly and clearly. Be on time. Have all your papers ready.

The Hearing

There will be many other cases scheduled on the same day as your hearing. Wait until you hear your case called by the judge or court clerk. As plaintiff, you will present your side of the case first. Once the case has been called, explain to the judge what property is being held or what money you are owed and why. Call your witnesses and give the judge your papers showing your right to ownership or money. Be polite, but speak up. You have the right to speak for yourself in court. Present your case and answer the judge's questions as best you can.

A word about hearsay: The most common mistake by non-lawyers in court is to attempt to prove a fact with hearsay evidence. The hearsay rule is very difficult for lawyers and non-lawyers alike. The best thing to remember is that you cannot say what someone else has said. You will generally be allowed to tell what the other side has said. You generally cannot use written statements or affidavits; the witness must be there.

The defendant may or may not show up. If the defendant does show up, the defendant has a chance to explain his or her side of the case. If the defendant is there, you have a right to ask him or her questions, and the defendant has a right to ask you questions. This is called cross-examination. Answer the questions fully. If the defendant does not show up, you will still have to present your side of the case.

The judge will then make a decision after hearing all the testimony. Sometimes, he or she will take the case "under advisement". This means they will think about it a while or research some law. If you win, the judge will either say you can have your property back or will give you a judgment for the value of the property or for the money you sued for.

If the judge says you can get your property back, the defendant may agree to let you pick it up. If the defendant does not agree to let you have the property, the defendant has ten days to appeal. If the defendant does not appeal within ten days, you can go back to the clerk and get a Writ of Possession issued by the court. In some counties, a sheriff s deputy or constable will go out and pick up the property and return it to the court for you. In other counties, the deputy or constable will only serve the Writ of Possession and you must provide a truck or transportation to pick up the items.

Appeals

If you lose the case but want to go further on your claim, you have an automatic right to appeal. You must file an appeal within ten days from the time the court gives its decision. If you appeal, the case will be heard over again, usually in the Circuit Court. That court will hold a new hearing and treat the case as if your first trial did not happen. To appeal to Circuit Court, you probably need a lawyer. You would have to pay new filing fees and arrange for witnesses again. You may have to post an appeal bond; you may also be allowed to file a pauper's oath if you cannot afford the cost of the appeal. A case in the Circuit Court is more complicated and more expensive than a case in General Sessions Court.

Collecting A Judgment

If you win the lawsuit but the defendant no longer has the property, the court may award you a money judgment equal to the value of the property plus any court costs you have paid. Or, you may have a judgment that says the defendant owes you money. You will have to try to collect the money from the defendant. The court is not a collection agency; it will not get the money for you. However, you can fill out papers at the clerk's office which will help you collect on the judgment. If you know where the defendant works, you may try to garnish his or her wages. Or, you may be able to have some of the defendant's property seized and sold at an auction held by a deputy of the court. The money from the sale, after deducting the cost of the sale, will then be paid to you to satisfy the judgment. The court clerk can explain these procedures to you.

Home • Up • Divorce • Juvenile Court • Powers of Attorney • Money Problems • General Sessions Ct • Miscellaneous