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Terms Used In Tennessee Code 29-33-106

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Property: includes both personal and real property. See Tennessee Code 1-3-105
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.

If the principal fail to give such counter security within five (5) days after the service of notice, the clerk of the court is authorized upon affidavit of the facts, to issue a writ to the sheriff, commanding the sheriff to seize and hold such property, according to the terms of the original seizure or attachment, subject to the defendant‘s right to again replevy, and, in case the defendant fails so to do, then subject to such disposition as the law makes of property so seized.