How does small claims court work in Tennessee?
1. Jurisdictional Limit
Tenn. Code Ann. § 16-15-501(d)(1) caps General Sessions civil jurisdiction at $25,000, exclusive of interest and costs. Detainer (eviction) and certain other actions have no monetary cap.
2. Court Name
General Sessions Court of each county (Tennessee does not have a separate "small claims court" — General Sessions handles all small-money civil matters).
3. Filing Fee
Filing fees vary by county, typically $87-$200, plus sheriff's service fees of $34-$50 per defendant. Indigent filers may submit a Uniform Civil Affidavit of Indigency to waive court costs (Tenn. R. Civ. P. 18).
4. Filing the Claim
File a Civil Warrant in the county where the defendant resides, is found, or where the cause of action accrued (Tenn. Code Ann. § 20-4-101). Service is performed by the sheriff, constable, or licensed private process server.
5. Defendant's Response
The Civil Warrant sets a "return date" — the first court appearance, typically 30 days after issuance. No written answer is required. Failure to appear results in default judgment. Counterclaims must be filed at or before the return date.
6. Attorney Representation
Attorneys are permitted on both sides (Tenn. Code Ann. § 16-15-501(e)). Corporations and LLCs may appear through an officer or employee for claims under the General Sessions limit, but typically need counsel for complex matters.
7. Hearing
Hearings before the General Sessions judge are informal; the Tennessee Rules of Evidence apply but are loosely enforced. Some counties have mediation programs for civil cases.
8. Judgment & Collection
Either party may appeal to the Circuit Court within 10 days for a trial de novo (Tenn. Code Ann. § 27-5-108) — one of the shortest appeal windows nationally. An appeal bond equal to the judgment plus costs is required, or an Affidavit of Indigency. Collection tools include garnishment under Tenn. Code Ann. § 26-2-201 (wages, bank accounts), executions under § 26-1-101, and judgment liens recorded under § 25-5-101.
9. Statute of Limitations
Standard SOLs apply: 6 years for contracts (Tenn. Code Ann. § 28-3-109), 3 years for property damage (§ 28-3-105), 1 year for personal injury (§ 28-3-104) — Tennessee's notably short PI statute, and 3 years for fraud (§ 28-3-105).
This is legal information, not legal advice.
- Your claim exceeds $25,000 and must be filed in Circuit or Chancery Court
- You missed the 10-day appeal window or need to navigate Tennessee's short 1-year personal injury SOL
- The defendant has appealed to Circuit Court for a trial de novo with full discovery and formal rules
- Tenn. Code Ann. §§ 16-15-501 to 16-15-505
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.