Enforcement in General Sessions Court

1. Law
2. Tennessee Code
3. Property
4. Mechanics' and Materialmen's Liens
5. General Provisions
6. Enforcement in General Sessions Court

1. When the lien is enforced by a civil warrant before a court of general sessions, and when an attachment has been levied on the lot or land and judgment rendered, the papers shall be returned to the circuit court, there to be proceeded with as in the case of a court of general sessions execution levied on land.
2. 1. No court of general sessions' attachment in any such case shall be a lien on the land, unless, within twenty (20) days after the levy of attachment, an abstract of the levy of attachment, showing the name of the plaintiff and defendant, the date and amount of the claim, and a description of the premises affected, is filed for registration in the lien book in the office of the register of the county in which the real property, or any affected portion of the real property, lies.
   2. The register shall index the abstract, as the indexer is required to index deeds, and, for the registration and indexing, the indexer shall receive the sum prescribed by § 8-21-1001.

Code 1858, §§ 3547-3549 (deriv. Acts 1857-1858, ch. 62, §§ 1, 2); Shan., §§ 5310-5312; mod. Code 1932, §§ 7952-7954; modified; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), §§ 64-1134 — 64-1136; Acts 2007, ch. 189, § 33; 2020, ch. 749, § 7.

Compiler's Notes. Acts 2020, ch. 749, § 42 provided that the act, which amended this section, applies to actions occurring and contracts entered into, amended, or renewed on or after July 1, 2020.

Amendments. The 2020 amendment substituted “enforced by a civil warrant” for “enforced by an action” in (a).

Effective Dates. Acts 2020, ch. 749, § 42. July 1, 2020.

Cross-References. Methods of enforcement, §66-11-126.

Textbooks. Tennessee Jurisprudence, 17 Tenn. Juris., Justices of Peace and General Sessions Courts, § 18; 18 Tenn. Juris., Mechanics' Liens, § 21.

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