Actions on Public Officers' and Fiduciary Bonds — Actions Not Otherwise Covered — Affidavit of Conviction and Civil Judgment

  1. Law
  2. Tennessee Code
  3. Limitation of Actions
  4. Limitation of Actions Other Than Real
  5. Miscellaneous Limitations
  6. Actions on Public Officers' and Fiduciary Bonds — Actions Not Otherwise Covered — Affidavit of Conviction and Civil Judgment

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  1. The following actions shall be commenced within ten (10) years after the cause of action accrued:
    1. Actions against guardians, executors, administrators, sheriffs, clerks, and other public officers on their bonds;
    2. Actions on judgments and decrees of courts of record of this or any other state or government; and
    3. All other cases not expressly provided for.
    1. Notwithstanding  subsection (a), there is no time within which a judgment or decree of a court of record entered on or after July 1, 2014, must be acted upon in the following circumstances:
      1. The judgment is for the injury or death of a person that resulted from the judgment debtor's criminal conduct; and
      2. The judgment debtor is convicted of a criminal offense for the conduct that resulted in the injury or death; or
      3. The civil judgment is originally an order of restitution converted to a civil judgment pursuant to § 40-35-304.
      1. Prior to entry of the judgment, the judge shall make a determination on the record that the plaintiff's injury or death was the result of the defendant's criminal conduct and that the defendant's conduct resulted in a criminal conviction.
      2. When entering a civil judgment on or after July 1, 2014, to which this subsection (b) applies, both the trial judge and clerk shall sign and note the existence of the conviction on the judgment document, and the clerk shall also make appropriate docket notations. Such signatures and notations shall be sufficient evidence that the judgment is valid until paid in full or otherwise discharged as authorized by law.
    1. Notwithstanding subsection (b), if a person was awarded a judgment meeting the criteria of subdivision (b)(1) but the judgment was entered prior to July 1, 2014, and is still valid as of the date it is presented to the clerk pursuant to this subsection (c), the statute of limitations on such judgment set out in subsection (a) shall be tolled if the person:
      1. Obtains a certified copy of the defendant's judgment of conviction from the clerk of the court in which the conviction occurred showing that the conviction meets the criteria of subdivision (b)(1)(A) and (B);
      2. Obtains a certified copy of the person's civil judgment that was based on the defendant's criminal conduct;
      3. Completes, under penalty of perjury, an affidavit, in substantially the form set out in subsection (d).
    2. The clerk shall ensure that the documents presented are those required by subdivision (c)(1). If they are the correct documents, the clerk shall record the documents and from the date of recordation, the statute of limitations of the person's civil judgment shall be tolled.
  4. The affidavit required to accompany the judgment of conviction and civil judgment shall be substantially as follows:

    AFFIDAVIT Comes the Affiant  (Printed Name) Under penalties of perjury, affiant deposes and says, to wit as follows: 1. I was awarded the attached civil judgment based upon the criminal conduct of another. 2. The attached judgment of conviction was the result of the criminal conduct. 3. The civil judgment and the judgment of conviction were based upon the same conduct. 4. The provision of §28-3-110(b) is applicable to affiant pursuant to §28-3-110(c). Further Affiant Saith Not Signature of Affiant ACKNOWLEDGEMENT State of Tennessee County of  On this   day of  , 20 , before me personally appeared   to me known to be the person described in and who executed the foregoing instrument, and acknowledged that he/she executed the same as his/her free act and deed, for the purposes therein set forth. (County Clerk) (Notary Public) My Commission Expires  20

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  5. Notwithstanding subsection (a), there is no time within which a judgment or decree in a domestic relations matter issued by a court with domestic relations jurisdiction pursuant to title 36 must be acted upon, unless otherwise specifically provided for under title 36.

Code 1858, § 2776; Shan., § 4473; Code 1932, § 8601; modified; T.C.A. (orig. ed.), § 28-310; Acts 2014, ch. 596, § 1; 2020, ch. 596, § 1.

Compiler's Notes. Acts 2014, ch. 596, § 3 provided that the act, which added subsections (b)-(d), shall apply to all applicable civil judgments entered after July 1, 2014 and to such judgments entered before July 1, 2014, if the judgment is still valid and the person follows the procedure in §28-3-110(c) and (d).

For the Preamble to the act concerning domestic relations orders, see Acts 2020, ch. 596.

Amendments. The 2020 amendment added (e).

Effective Dates. Acts 2020, ch. 596, § 2. March 20, 2020.

Cross-References. Abolition of common law tort action of alienation of affections, §36-3-701.

Textbooks. Gibson's Suits in Chancery (7th ed., Inman), § 234.

Pritchard on Wills and Administration of Estates (4th ed., Phillips and Robinson), §§ 669, 763, 835.

Tennessee Jurisprudence, 12 Tenn. Juris., Executors and Administrators, §§ 98, 101; 14 Tenn. Juris., Guardian and Ward, § 32; 16 Tenn. Juris., Judgments and Decrees, §§ 68, 70, 73; 17 Tenn. Juris., Justices of Peace and General Sessions Courts, § 30; 18 Tenn. Juris., Limitations of Actions, §§ 9, 10, 17, 34; 22 Tenn. Juris., Rescission, Cancellation and Reformation, § 57; 22 Tenn. Juris., Sheriffs, § 29.

Law Reviews.

Contracts — 1960 Tennessee Survey (Paul J. Hartman), 13 Vand. L. Rev. 1035.

Domestic Relations — Alienation of Affections — Statute of Limitations, 23 Tenn. L. Rev. 1046.

Judgments — Statute of Limitations, 22 Tenn. L. Rev. 300.

Nuisances — Permanent Injury — Limitations of Actions, 28 Tenn. L. Rev. 433.

Recent Developments in the Law of Accrual and Limitation of Actions in Tennessee as Applied to Products Liability Cases (Michael E. Hewgley), 2 Mem. St. U.L. Rev. 105.

Tennessee Survey of the Law — Indemnity in Tort, 7 Mem. St. U.L. Rev. 307.

Tennessee's Prohibition of the Retroactive Modification of Child Support Orders, 59 Tenn. L. Rev. 425 (1992).

The Many Lives of a Tennessee Judgment Lien (Stephen M. Sumner), 20 No. 2 Tenn. B.J. 31 (1984).

Torts — 1961 Tennessee Survey (Dix W. Noel), 14 Vand. L. Rev. 1409.


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