Tennessee Summons to Recover Personal Property

State:
Tennessee
Control #:
TN-SKU-1542
Format:
PDF
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Summons to Recover Personal Property

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FAQ

The writ of possession shall direct the proper officer to take the property out of the possession of the defendant and deliver the same to the plaintiff. The writ of possession shall be executed by the proper officer by seizing the personal property and delivering the same to the plaintiff.

The Complaint: The complaint in replevin typically must include: (i) a description of the property to be replevied; (ii) its value; (iii) its location if known; and (iv) the material facts upon which the claim is based ? in other words, why the filing party is entitled to seize the property that has been taken.

The writ of possession shall direct the proper officer to take the property out of the possession of the defendant and deliver the same to the plaintiff. The writ of possession shall be executed by the proper officer by seizing the personal property and delivering the same to the plaintiff.

A writ of replevin is a prejudgment process ordering the seizure or attachment of alleged illegally taken or wrongfully withheld property to be held in the U.S. Marshal's custody or that of another designated official, under order and supervision of the court, until the court determines otherwise.

Examples of Replevin A creditor seeking to recover tangible items from a debtor who has defaulted on a secured loan, such as repossessing a borrower's car after missed payments. A renter who sues a landlord for the return of property that was withheld in return for back pay.

REPOSSESSING GOVERNMENT RECORDS: TENNESSEE'S REPLEVIN LAW The sale of any government record is illegal in Tennessee ing to the Replevin law, TCA § 39-16-504 (see attached). This law includes all records created by state, county, or municipal government. Violation of this law is a Class A misdemeanor.

Garnishment procedures can be highly effective in recovering money owed to a creditor. Attachment and Execution: In Tennessee, personal property such as vehicles, boats, equipment, inventory, stocks, and bonds can be sold to satisfy debts owed by the owner of the personal property.

Fortunately, in the state of Tennessee and elsewhere in the United States, the law allows you to reclaim or recover your personal property. Under the law, personal property is physical, transferable, tangible items, such as vehicles, shirts, computers, and toys.

More info

Items 1-6 below must be completed (see instructions on page 2). Once a small claims judgment is entered, the clerk mails the debtor a form called a "Judgment.Next you need to get and fill out a Personal Property Recovery Summons (Summons). Summons to recover personal property if the action is to recover personal property to satisfy a lien on a motor vehicle for repayment of loan:. Fill out the top part of form DC 104 (Summons). You will provide the summons (form DC 104) to the court when you file the complaint (form DC 102c). To Any Lawful Officer to Execute and Return: 20 at. Take the Civil Summons and Complaint to the Clerk's Office, Room. 3725, when you file for recovery of personal property. After service is complete the server must complete the Proof of Service Summons form (POS-010).

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Tennessee Summons to Recover Personal Property