Summons To Recover Personal Property - Tennessee (Page 2 of 2) in pdf

____________________________________

PLAINTIFF’S BOND FOR RESTRAINING

TO THE DEFENDANT(S):

ORDER: We hereby bind ourselves, our heirs,

Failure to appear and answer this summons

_______________________________

and assigns to Defendant(s) in the penalty sum

may result in judgment by default

of $____________, being the value of the

_______________________________

being rendered against you for the

described property, this obligation to be void

relief requested.

Tennessee law

_______________________________

should Plaintiff(s) abide by and perform the

provides a ten thousand dollar

judgment of the Court in this matter.

_______________________________

Date:__________________________________

($10,000)

personal

property

exemption as well as a homestead

____________________________________

Principal:_______________________________

exemption

from

execution

This the _____ day of _________, 20____.

seizure to satisfy a judgment. The amount

Surety:_________________________________

____________________________

of the homestead exemption depends upon

Judge

your age and the other factors which are

FIAT: Upon posting bond of $_____________,

listed in TCA § 26-2-301. If a judgment

Defendant(s)

are

hereby

restrained

from

should be entered against you in this action

damaging,

concealing,

removing

the

described property from the jurisdiction of this

and you wish to claim property as exempt,

To the best of my information and belief, after

Court.

IF THIS RETRAINING ORDER IS

you must file a written list, under oath, of

investigation of Defendant’s employment, I

VIOLATED, DEFENDANT(S) COMMITS A

hereby make affidavit that the Defendant

the items you wish to claim as exempt with

CLASS C MISDEMEANOR AND IS SUBJET

is/is not a member of a military service.

the clerk of the court. The list may be filed

FOR EACH VIOLATION TO A FINE NOT TO

at any time and may be changed by you

____________________________

EXCEED FIFTY DOLLARS ($50) AND/OR

thereafter as necessary; however, unless it is

Attorney for Plaintiff or Plaintiff

IMPRISONMENT UP TO THIRTY (30) DAYS

filed before the judgment becomes final, it

Date:__________________________________

will not be effective as to any execution or

____________________________

Judge:__________________________________

garnishment issued prior to the filing of the

Notary Public

list. Certain items are automatically exempt

WAIVER:

I (we), the defendant(s) herein,

by law and do not need to be listed; these

My Comm. Exp. ______________

acknowledge that the plaintiff is entitled to

items include items of necessary wearing

possession of the described property, and I (we)

apparel (clothing) for yourself and your

hereby voluntarily waive any right to a hearing

family and trunks and other receptacles

by tendering the property herewith to the officer,

and I (we) acknowledge that if I (we) do not

necessary to contain such apparel, family

appear and answer as to the merits of the matter

portraits, the family Bible, and school

on the date specified herein, that a default

books. Should any of these items be seized

judgment may be entered against me (us). I

you would have the right to recover them. If

(we), the defendants, herein acknowledge that

you do not understand your exemption right

the process server has read and explained to me

or how to execute it, you may wish to seek

(us) that I (we) have a constitutional right to a

the counsel of a lawyer.

hearing and that I (we) are not required to sign

this document of waiver and that I (we) have

signed this document of waiver voluntarily.

ADA: If you need assistance or accommodations

Legal Authority: TCA §29-30-104

because of a disability, please call _____________,

Date:______________________________________

ADA Coordinator, at (

) ___________________

Rev. 8/10

Defendant:_________________________________

Summons To Recover Personal Property - Tennessee Page 2

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