STATE OF TENNESSEE, COUNTY OF___________________________________________

SUMMONS TO RECOVER PERSONAL PROPERTY

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
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
___________________________________, Judge	Date______________________________
Case No. ________________________________________

_________________________________________________
Plaintiff
_________________________________________________
Address
_________________________________________________
Phone
vs.
_________________________________________________
Defendant
_________________________________________________
Address
_________________________________________________
Defendant
_________________________________________________
Address
SUMMONS TO RECOVER PERSONAL PROPERTY
Court of General Sessions
        (preprinted name)      , Clerk
By _____________________________, Deputy Clerk
Issued ______________________________, 20_____.
Set for ______________________________ at _____.
Reset for_____________________________________
Served Upon   All Named Defendants

SERVICE

          All Defendants Except:_______________________________
__________________________________________________________________________
Served _______________________, 20_____.
Sheriff/Constable (Process Server)
_____________________________________
____________________________________________
Attorney for Plaintiff 
Telephone _________________________________
_________________________________________________
Attorney for Defendant
Telephone ________________________________________

ORDER

____________________________________________________________________________________________________________________________________________________________________________________________________
This the _____ day of _________, 20____.
____________________________
Judge

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. ______________

ADA: If you need assistance or accommodations because of a disability, please call _____________, ADA Coordinator, at (     ) ___________________ 
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:__________________________________

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:_________________________________
TO THE DEFENDANT(S):

NOTICE

Failure to appear and answer this summons may result in judgment by default being rendered against you for the relief requested.  Tennessee law provides a ten thousand dollar ($10,000) personal property exemption as well as a homestead exemption from execution or seizure to satisfy a judgment.  The amount of the homestead exemption depends upon your age and the other factors which are listed in TCA § 26-2-301.  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

			Rev. 8/10