(a) After the adjournment of the court, and before the expiration of the time prescribed by §§ 26-1-202 – 26-1-206, the clerk shall issue execution without delay, upon affidavit made and filed in that clerk’s office, that the defendant is about fraudulently to dispose of, conceal, or remove the defendant’s property, to the endangering of plaintiff‘s debt.
lawyer at desk

Ask a litigation question, get an answer ASAP!
Thousands of highly rated, verified litigation lawyers.
Click here to chat with a lawyer about your rights.

Terms Used In Tennessee Code 26-1-206

  • 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.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Property: includes both personal and real property. See Tennessee Code 1-3-105
(b) Upon the rendition of judgment or decree, execution may be issued, by leave of the court, before the adjournment thereof, the plaintiff or the plaintiff’s agent or attorney of the plaintiff, showing sufficient cause by affidavit.
(c) In like manner, general sessions courts may, immediately after judgment and before the expiration of the time allowed by law for the stay of execution, issue execution on good cause shown by affidavit; and affidavit by the plaintiff, or the plaintiff’s agent or attorney of the plaintiff, as prescribed in subsection (a), shall be good cause within the meaning of this subsection (c).
(d) The issuance of execution under subsections (b) and (c), shall not deprive the defendant of any right the defendant would otherwise have had.
  Previous section
Next section  
 Part 2 Contents