Summons To Recover Personal Property (Civil)

STATE OF TENNESSEE, COUNTY OF___________________________________________ SUMMONS TO RECOVER PERSONAL PROPERTY Case No. ________________________________________ _________________________________________________ Plaintiff _________________________________________________ Address _________________________________________________ Phone vs. _________________________________________________ Defendant _________________________________________________ Address _________________________________________________ Defendant _________________________________________________ Address To Any Lawful Officer To Execute and Return: Summon each Defendant to appear before the Judge of the General Sessions Court of _______________________ County, on ___________________________, 20______. To be held in _______________________________________________ (Court Room) ______________________________________________________________(Address) to answer the claim by Plaintiff(s) for a money judgment of $_____________________ and possession of the following described property:_________________________________________ having a value of ________________________. Plaintiff(s) claim possession because ______________________________________________________________________________. A copy of the writing, if any, upon which plaintiff(s) claim is founded must be attached. Plaintiff(s) makes oath that the foregoing is true to the best of Plaintiff's knowledge and belief. Sworn to and subscribed on ________________________________, 20_____. Clerk/Deputy Clerk/Notary Public ___________________________________________________ (Commission Exp. __________________________) Issued__________________________________________________________________________ Judgment is granted to Plaintiff(s) against Defendant(s) __________________________ __________________________ in the amount of $__________________ and all costs and taxes, and for possession of the described property for which a writ of possession shall be issued on Plaintiff's request. If this action is governed by the Uniform Commercial Code Provisions of state law, Plaintiff shall dispose of said property in accordance with the applicable provisions of said law and shall notify Defendants of the amount to be credited against this judgment prior to the issuance of any writ of execution. Judgment is based on: Default of Defendant Agreement of Parties Trial in Court Case is dismissed and all costs and taxes are to be paid by Plaintiff, for which execution may issue. Dismissal is based on: Failure to prosecute the suit by Plaintiff(s) Non-suit by Plaintiff, requested by: _______________________________ Finding in favor of Defendant(s) after trial SUMMONS TO RECOVER PERSONAL PROPERTY Court of General Sessions (preprinted name) , Clerk By _____________________________, Deputy Clerk Issued ______________________________, 20_____. Set for ______________________________ at _____. Reset for_____________________________________ JUDGMENT SERVICE Served Upon All Named Defendants All Defendants Except:_______________________________ _____________________________________ _____________________________________ Served _______________________, 20_____. Sheriff/Constable (Process Server) _____________________________________ ____________________________________________ Attorney for Plaintiff Telephone _________________________________ _________________________________________________ Attorney for Defendant Telephone ________________________________________ American LegalNet, Inc. www.FormsWorkFlow.com ___________________________________, Judge Date______________________________ ____________________________________ _______________________________ ORDER _______________________________ _______________________________ _______________________________ ____________________________________ This the _____ day of _________, 20____. ____________________________ Judge PLAINTIFF'S BOND FOR RESTRAINING ORDER: We hereby bind ourselves, our heirs, and assigns to Defendant(s) in the penalty sum of $____________, being the value of the described property, this obligation to be void should Plaintiff(s) abide by and perform the judgment of the Court in this matter. Date:__________________________________ Principal:_______________________________ Surety:_________________________________ FIAT: Upon posting bond of $________, Defendant(s) are hereby restrained from damaging, concealing, or removing the described property from the jurisdiction of this Court. IF THIS RESTRAINING ORDER IS VIOLATED, DEFENDANT(S) COMMITS A CLASS C MISDEMEANOR AND IS SUBJECT FOR EACH VIOLATION TO A FINE NOT TO EXCEED FIFTY DOLLARS ($50) AND/OR IMPRISONMENT UP TO THIRTY (30) DAYS Date:__________________________________ Judge:__________________________________ WAIVER: I (we), the defendant(s) herein, acknowledge that the plaintiff is entitled to possession of the described property, and I (we) hereby voluntarily waive any right to a hearing by tendering the property herewith to the officer, and I (we) acknowledge that if I (we) do not appear and answer as to the merits of the matter on the date specified herein, that a default judgment may be entered against me (us). I (we), the defendants, herein acknowledge that the process server has read and explained to me (us) that I (we) have a constitutional right to a 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. Date:______________________________________ Defendant:_________________________________ TO THE DEFENDANT(S): AFFIDAVIT To the best of my information and belief, after investigation of Defendant's employment, I hereby make affidavit that the Defendant is/is not a member of a military service. ____________________________ Attorney for Plaintiff or Plaintiff ____________________________ Notary Public My Comm. Exp. ______________ Failure to appear and answer this summons may result in judgment by default being rendered against you for the relief requested. Tennessee law provides a ten thousand dollar ($10,000) personal property exemption as well as a homestead exemption from execution or seizure to satisfy a judgment. The amount of the homestead exemption depends upon your age and the other factors which are listed in TCA § 26-2-301. If a judgment should be entered against you in this action and you wish to claim property as exempt, you must file a written list, under oath, of the items you wish to claim