Payment of Money to Parties — Penalty for Violations

1. Law
2. Tennessee Code
3. Clerks of Courts
4. Accounting and Bonds
5. Accounting
6. Payment of Money to Parties — Penalty for Violations

1. It is the duty of each of the clerks of the several courts, upon application of the party entitled, the party's agent or attorney, made at the office of the clerk, to pay and deliver to the applicant, without delay, any money or property in the clerk's hands, received by virtue of any decree, judgment or order of the court, or any judge of the court, or by virtue of the clerk's office.
2. A failure to comply with the requirements of this section is a Class C misdemeanor and, moreover, subjects the clerk to motion against the clerk and the clerk's sureties.

Code 1858, §§ 4043, 4044 (deriv. Acts 1807, ch. 66, §§ 8, 9); Shan., §§ 5860, 5861; Code 1932, §§ 10062, 10063; T.C.A. (orig. ed.), § 18-202; Acts 1989, ch. 591, § 113.

Cross-References. Money paid into court, Tenn. R. Civ. P. 67.03.

Penalty for Class C misdemeanor, §40-35-111.

Textbooks. Gibson's Suits in Chancery (7th ed., Inman), § 640.

Tennessee Jurisprudence, 6 Tenn. Juris., Clerks of Court, §§ 12-14; 8 Tenn. Juris., Criminal Procedure, § 4.

Law Reviews.

Special Project: Criminal Procedure as Defined by the Tennessee Supreme Court (Julian L. Bibb and Walter Sillers Weems), 30 Vand. L. Rev. (4) 691.

Attorney General Opinions. A clerk of a trial court is required to collect all costs incident to litigation, including costs incurred by a successful plaintiff at the initiation of a lawsuit, and to pay such costs to that party as part of the judgment of the court, OAG 02-072 (6/3/02).

Litigation taxes paid by a plaintiff at the filing of a lawsuit may not be included as costs and may not be recovered at the conclusion of a lawsuit against an unsuccessful defendant absent a court order to the contrary, OAG 02-072 (6/3/02).

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