Penalty for Failure to Return Process

1. Law
2. Tennessee Code
3. Judgments
4. Judgment by Motion
5. Penalty for Failure to Return Process

1. 1. Any sheriff or other officer failing to execute and make return of any process issued from any court of record, and delivered to such officer twenty (20) days before the return day, is liable to a penalty of one hundred twenty-five dollars ($125), to be recovered by the party aggrieved, on motion before the court to which the process is returnable.
   2. If the process has been issued to an officer of another county, the officer shall have until the next term to show cause against such judgment, on scire facias made known to such officer.
2. 1. Any sheriff or other officer failing to execute and make return of any process delivered to that officer and issued from any general sessions court, within sixty (60) days after the issuance of the same, is liable to a penalty of one hundred twenty-five dollars ($125), to be recovered by the party aggrieved, on motion before the court to which the process is returnable.
   2. If the process has been issued to an officer of another county, the officer shall have sixty (60) days to show cause against such judgment, on notice made known to such officer.

Code 1858, §§ 3603, 3604 (deriv. Acts 1777, ch. 8, § 5); Shan., §§ 5368, 5369; Code 1932, §§ 9527, 9528; Acts 1974, ch. 551, § 1; 1975, ch. 321, § 1; T.C.A. (orig. ed.), § 25-305.

Textbooks. Tennessee Jurisprudence, 22 Tenn. Juris., Sheriffs, § 15.

Attorney General Opinions. Enforcement of statutory requirements for constables, OAG 99-025, 1999 Tenn. AG LEXIS 26 (2/16/99).

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