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Immediate Possession Warrant (Courtroom 5D) - Tennessee

Immediate Possession Warrant (Courtroom 5D) Form. This is a Tennessee form and can be used in Civil Court General Sessions Court Davidson Local County .
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State of Tennessee, County of Davidson To Any Lawful Officer to Execute and Return: COURTROOM 5D No. ____________________ Alias Amended Counter-Claim Summon each Defendant to appear before the Judge of the General Sessions Court of Davidson County on _____________________________, 20_____ at 8:45 A.M. to be held in Courtroom 5D, Justice A. A. Birch Building, 408 Second Avenue North, Nashville, Tennessee, 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. I further make oath that I am entitled to a Writ of Possession because: At least five (5) days prior to this application for immediate possession, Plaintiff gave Defendant notice of the time and place of this application either by certified mail or hand delivery, and (1) the notice was actually received by Defendant, or was directed to Defendant at the address stated in any writing, signed by Defendant, and on which Plaintiff's claim to possession is founded; and (2) the notice was accompanied by a copy of the Warrant to which this is attached, including a copy of any writing on which Plaintiff's claim to possession is founded; and (3) Plaintiff is entitled to possession of the property, or that there is no substantial controversy as to the Plaintiff's right to such possession. The property was obtained by Defendant by fraud, misrepresentation, or theft, or the Defendant is concealing the property, likely to remove the property from the jurisdiction of the Court, likely to dispose of the property, endangering the property by unusually hazardous use, or seriously impairing the Plaintiff's security interest in the property, as is evidenced by the following acts of Defendant. (Give date, place, and facts of what Defendant did that makes Plaintiff believe this provision applies.) Plaintiff makes oath that above facts are true and correct to the best of Plaintiff's knowledge, information and belief. Plaintiff(s) Address Telephone Defendant Address vs. Defendant Address I IMMEDIATE POSSESSION WARRANT Metropolitan General Sessions Court I Issued: _________________________________, 20 ______ Richard R. Rooker, Clerk Date: _________________________________ Sworn to and subscribed before me on ______________ BY: Plaintiff: __________________________________ __________________________________________ Deputy Clerk/Notary Public (NOTARY COMMISSION EXPIRES ________________) DAY OF WEEK: SET FOR: AT 8:45 A.M. Courtroom 5D DEPUTY CLERK , 20 WRIT OF POSSESSION: To the Sheriff or any lawful officer of ____________________County. Pursuant to the Fiat on the back you are hereby commanded to take with you the force of the County, if necessary, and take possession of the within described property from Defendant(s) and give same to Plaintiff, and make immediate return to the Court as to how you have executed this writ. Richard R. Rooker, Clerk Date: __________________________ By: __________________________ Deputy Clerk Justice A. A. Birch Building 408 Second Avenue North P.O. Box 196304 Nashville, Tennessee 37219-6304 Reset for:_________________________________________ Came to hand same day issued and executed as commanded on: ____________________________________________________ and executed by taking possession of the described property and delivering same to Plaintiff. Served: __________________________________, 20______ JUDGMENT Judgment for the Plaintiff for $________________________and the costs of this suit, and for the possession of the property described in the warrant. Unless Plaintiff has already secured possession thereof, the officer is directed to take the property described in the warrant out of the possession of the Defendant(s) and deliver the same to the Plaintiff(s). The Plaintiff(s) shall dispose of said property in accordance with the applicable provisions of the Uniform Commercial Code and shall notify the Defendant(s) the amount to be credited _______________________________________Sheriff (Constable) against this judgment prior to the issuance of any writ of execution. Entered:_______________________________, 20__________ To request an ADA accommodation, please contact Dart Gore at (615) 880-3309. Attorney for Plaintiff Telephone Attorney for Defendant American LegalNet, Inc. www.FormsWorkFlow.com _____________________________________________________ Judge, Division ________, Metropolitan General Sessions Court NOTICE TO THE DEFENDANT(S): Tennessee law provides a ten thousand dollar ($10,000) personal property exemption from execution or seizure to satisfy a judgment. 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 as exempt with the clerk of the court. The list may be filed at any time and may be changed by you thereafter as necessary; however, unless it is filed before the judgment becomes final, it will not be effective as to any execution or Entered: _________________________, 20 ______ FIAT TO THE CLERK OF THE METROPOLITAN GENERAL SESSIONS COURT OF DAVIDSON COUNTY: Upon filing of the foregoing Warrant and upon the Plaintiff(s) giving bond as required by law in the penal sum of $______________________Dollars, you will issue a Writ of Possession directing the Sheriff to take possession of the within described property and deliver it to the Plaintiff(s) and you will command the Sheriff to summon the Defendant(s) to appear and answer this Warrant at such time as may be fixed. _____________________________________________ Judge, Division ___________, Metropolitan General Sessions Court BOND We, ________________________________________________________________________________, Principal and _________________________________________________________________________________________, Surety do hereby bind ourselves, our heirs and assigns to the Defendant(s) in the penal sum of $ _____________________ Dollars, but this obligation to be void should the Plaintiff(s) abide by and perform judgment of the Court in the premises. Date: __
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