CIVIL PROCESS TERMS THAT MAY HELP YOU...EVICTIONS
Detainer Warrant: The leading process of
General Sessions Court, used by a plaintiff in order to regain possession of his/her real
property from a defendant, usually one who has failed to pay rent. This warrant has a
30-day limit and the Court date is to be set at least six days from the date of service.
Writ of Restitution: This writ is issued after
the plaintiff receives judgment on a detainer warrant. When the writ is issued, a
three-day notice is given to the defendant, and during this time it is the
plaintiff's
responsibility to contact the officer to coordinate the eviction details. The Sheriff is
responsible for ensuring the peaceful transfer of possession of the real property to the
plaintiff. The service of this process must be made within 20 days of issue.
Writ of Possession: This writ directs the
Sheriff to take possession of the property from the defendant and return it to the
plaintiff, provided that the plaintiff is present to take possession. The officer is to
serve the writ, much like a writ of restitution, on the defendant to ensure the peaceful
transfer of possession of the real property to the plaintiff. This writ must be completed
within 30 days of the date of issue.
Execution/Levy: This marks the end of the
action, which orders that the judgment be satisfied by seizing real property and/or money.
This warrant can be issued by itself or along with a writ of restitution. When property is
seized, it must be protected and properly accounted for via an inventory process. The
property is then stored in a secure and licensed storage facility pending further action, i.e.,
a Sheriff's sale. When money is collected, it must be in the form of cash, money order, or
a certified cashier's check. In either case, a copy of the inventory or receipt is issued
to the defendant for his/her records. Executions must be complete within 30 days of the
date of issue.
DOMESTIC PAPERS
Body Attachment: A Court order empowering the
Sheriff to bring the body of an individual to jail or before the Court.
Personal Service: The handing of papers to a
designated individual or person associated with the individual. In certain cases, service
is completed when the individual has been informed of the pending Court action. Mail, fax,
or telephone are all acceptable methods of personal service.
Child Custody Order: An order by a Court to
return custody of a child to the plaintiff. This order must be signed by a Tennessee judge
if originated in another state.
Ex-Parte Order of Protection: An order
for the respondent to appear in Court and tell his/her side of the situation to the judge.
How to File a Civil Paper: If you wish to file
a paper yourself, as a plaintiff or agent in Davidson County, you must...:
1. Go to the General Sessions Court Clerk's Office, 501 Great Circle Road,
Nashville, TN 37228, (phone 615-862-5195).
2. Blank warrants, information forms, and guidance will be furnished to you but no
legal advice will be given. You will be charged a filing fee.
3. Be sure all of the information on the defendant is correct and complete,
including phone numbers, a work address and employer name if possible.
4. In most cases, the warrant will be sent by the Clerk's office to the Davidson
County Sheriff's Office for service. You set your own court date, as long as that date
gives the officer a reasonable amount of time to effectively serve the papers to the
defendant. It is important for you to include a current phone number for yourself so you
can be notified of the Court date.
For more information on warrants, please visit our FAQ page. |
