Tennessee Small Claims Forms

Tennessee Small Claims Court FAQ

Who hears the claims in small claims court?

In small claims court, the trial is an informal hearing before a judge. There is no jury and the plaintiff presents his or her evidence and witnesses. The defendant is also responsible for presenting his or her witnesses. After hearing both sides of the dispute, the judge will render a verdict based on the law and the facts presented.

Who may file a claim in small claims court?  An individual, partnership or corporation (or LLC) may file a claim against another individual(s), partnership or corporation (LLC) in small claims court, if jurisdiction exists to hear the claim, if the amount of the claim does not exceed the statutory limits.

What must I do before I file a claim?  Before you file a claim, get the facts straight so you can complete the forms correctly and answer any questions court personnel may need to know. Be sure to obtain the correct legal name of the defendant, correct address and place/address of employment. If the defendant is a corporation or LLC you would use the legal corporate or LLC name as the defendant. 

How do I file a claim?  The plaintiff or the plaintiff's attorney should go to the small claims division of the district court in the particular county where the person or business to be sued has an office or is domiciled and file a Statement of  Claim Form. The plaintiff is responsible for furnishing the court with the correct and complete address of the defendant. The clerk will assign the plaintiff a case number and this number must be used whenever contacting the court concerning the particular case. A filing fee is required at the time the claim is filed. If the plaintiff cannot afford to prepay the fee at the time of the filing, he or she can submit an Affidavit of Substantial Hardship and request that the judge delay the payment. 

Who serves the defendant with summons or process and how is the defendant served?  The clerk of the court will issue a summons ordering the defendant to appear in court. The summons and the complaint must be served on the defendant. The summons and the complaint may be served by certified or registered mail. If the court provides this service, there may be an additional fee. If the defendant cannot be served using these methods, the precinct constable or any registered private process server will serve the summons and complaint for a fee. 

How are hearings scheduled? The clerk of the court will provide you with the procedure to set the case for trial or hearing at the time you file your claim. 

May I subpoena witnesses? If witnesses are required, but unwilling to attend the hearing unless they are subpoenaed, you may obtain a subpoena issued by the court clerk for service on the witness. The subpoena is an order for the witness to appear at the hearing to testify. Some employer may require that an employee be subpoenaed in order to be excused from work. 

What are the trial procedures? The trial procedure is generally more informal than other courts. The case will usually be called in open court and you will respond that you are present and ready to proceed. You will then be advised when to present your claim. Be prepared to present your claim in your own words. Be prepared to question witnesses if witnesses are needed. 

What happens if the defendant does not appear at trial?  If the defendant does not appear at trial, a default judgment will be entered in the plaintiff's favor for the amount of the claim or other relief. After judgment is obtained and the appeal time has expired, the plaintiff may seek to collect the judgment by acceptable means of collection. 

What are the common forms used in small claims court?  Common forms used in small claims court are:

  • Claim Statement/Complaint
  • Summons
  • Return of Summons
  • Answer
  • Subpoena
  • Abstract of Judgment

Top Questions about Tennessee Small Claims Forms

  • How hard is it to represent yourself in court?

    Representing yourself in court can be challenging but manageable with proper preparation. Utilizing Tennessee Small Claims Forms can simplify the process, helping you understand what is required. A clear understanding of the court's procedures, along with thorough research, can significantly ease the process. While it is a learning experience, many individuals find it rewarding as they navigate their cases.

  • How do I defend myself in small claims court?

    To defend yourself in small claims court, start by obtaining and filling out the appropriate Tennessee Small Claims Forms. Gather evidence like documents, photos, and witness statements to support your case. Clearly outline your defense and practice presenting it succinctly. Being organized and prepared will bolster your confidence when you speak in front of the judge.

  • What is the success rate of representing yourself in court?

    The success rate of self-representation in court varies widely based on the case and the individual’s preparation. Many find that understanding the legal process and utilizing the right Tennessee Small Claims Forms enhances their chances of success. While self-representation is feasible, being well-prepared is key. It helps to gather all necessary documents and familiarize yourself with court procedures.

  • What is the small claims limit in Tennessee?

    In Tennessee, the small claims limit is currently set at $25,000. This means that you can file a claim for amounts up to this limit without needing a lawyer. It's essential to use the correct Tennessee Small Claims Forms, as they help structure your case effectively. Always check for any updates to limits, as they may change.

  • What to say in court when representing yourself?

    When representing yourself in court, start by clearly stating your name and the purpose of your case. Introduce your evidence and explain how it supports your claim, referring to relevant Tennessee Small Claims Forms when necessary. Use respectful language and address the judge appropriately. Remember to stay calm and focused while making your points.

  • How long do you have to sue someone in TN?

    In Tennessee, you typically have one year from the date of the incident to file a small claims suit. This time limit is crucial, so it's wise to act promptly if you believe you have a valid claim. Ensure you have the necessary Tennessee Small Claims Forms completed before the deadline. If you miss this timeframe, you may lose your right to sue.

  • How to represent yourself in small claims court?

    Representing yourself in small claims court is possible and can be straightforward with the right preparation. First, gather all relevant evidence and documents to support your case. Next, familiarize yourself with Tennessee Small Claims Forms, which provide a clear outline for your claim. By following these steps, you can increase your chances of a successful outcome.

  • What is the best evidence for small claims court?

    The best evidence for small claims court includes documents, photographs, contracts, and any other relevant materials that clearly support your claim. Witness testimony can also play a critical role in reinforcing your case. When preparing your evidence, ensure you have everything organized and presented clearly, especially if you're using Tennessee Small Claims Forms. Strong, organized evidence can significantly impact your case outcome.

  • What is the small claims limit in North Carolina?

    The small claims limit in North Carolina is set at $10,000. This limit helps maintain simplicity and expediency in resolving disputes. If you're considering filing a claim, be sure to gather all necessary documentation and use the appropriate forms, similar to the Tennessee Small Claims Forms. Knowing where you stand legally can empower your process.

  • What is the maximum you can sue for in small claims court in Tennessee?

    In Tennessee, the maximum amount you can sue for in small claims court is $25,000. This limit allows individuals to efficiently resolve smaller disputes without the complexity of traditional court procedures. When you prepare your claim, utilizing Tennessee Small Claims Forms can help ensure you meet all requirements. It's always wise to double-check the current limits, as they can change.